25 Manawatu Inspection report—January 2016. 26 There were also 107 eighteen-year olds housed in adult accommodation on 19 May 2017, who are not deemed ‘young persons’ under the Oranga Tamariki Act 1989. However, the Department assesses prisoners aged 18 to 20 to determine where they should be held in light of their potential vulnerability. A Test of Best Interest Assessment is completed to determine whether they should be held separately from the adult prison population or whether they are able to safely mix with them. 27 Above, n 46. 28 Wakari Hospital, Dunedin; Hillmorton Hospital, Christchurch; Ratonga Rua Porirua, Wellington; Henry Bennett Centre, Hamilton and the Mason Clinic, Auckland. 29 At the time of writing there were six service providers (Te Roopu Taurima O Manukau Trust, IDEA Services, Community Living, Community Care Trust, Navigate and Emerge Aotearoa) providing care across 26 secure residential homes for people detained under a secure care order or supervised care order. 30 New Zealand Police categorises its calls as either 1M (general mental health related) or 1X (threatens or attempts suicide). This categorisation does not match Ministry of Health mental health categorisation. 31 New Zealand Police SAS Analytics Data for mental health (1M) and threatens/attempts suicide (1X) events. These codes do not necessarily indicate that a person has a diagnosable mental health condition or that they meet the criteria for a mental disorder as defined in the Mental Health (Compulsory Assessment and Treatment Act) 1992. 32 Ministry of Justice Crime and Justice Insights Sector Analysis and Modelling, 15 December 2015. This research did not specify the ethnic break-down of the people with an indicator of mental illness proceeded against by Police. 33 IPCA, 2015, Review of Police Custodial Management. 34 https://www.stuff.co.nz/national/crime/93968611/ Holding-youths-in-police-cells-a-continuedembarrassment-for-NZ-Childrens-Commissioner 35 http://www.radionz.co.nz/news/national/332993/ lives-at-risk-by-keeping-youths-in-cells-overnight 36 https://www.stuff.co.nz/national/crime/93951804/ still-no-bed-for-christchurch-14yearold-held-indesolate-police-cell 37 https://www.hrc.co.nz/files/5914/2550/8314/ HRC_IPCA_OOC_2012_-_Joint_thematic_review_ of_young_persons_in_prisons.pdf 38  ttps://www.hrc.co.nz/files/8514/9255/4659/FINAL_ h Onepager_Police_cells31_March_2017.pdf 39 APT (March 2011) Questionnaire to members states, national human rights institutions, civil society and other relevant stakeholders on the role of prevention in the promotion and protection of human rights, p. 10. 40 S ubcommittee on Prevention of Torture (May 2008). First Annual Report of the Subcommittee on Prevention of Torture, CAT/C/40/2, para 12. 41 It sits alongside the obligations to criminalise torture, ensure impartial investigation and protection, and provide rehabilitation for victims. 42 UN Special Rapporteur on Torture, Report of the Special Rapporteur on torture to the 61st session of the UN General Assembly, A/61/259 (14 August 2006), para 72. 43 OPCAT, Article 1. 35

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