CAT/OP/NZL/1/Add.1 14. As part of their strategic planning, the National Preventive Mechanisms will consider whether, and if so how, to develop a communications plan and use this as the basis for updating existing information and raising awareness about their activities. III. Overarching Issues A. Legal Framework 15. The Subcommittee recommended the New Zealand Government consider withdrawing its reservations to Article 14 of the Convention Against Torture, which relates to compensation for torture, and Article 37(c) of the Convention on the Rights of Child (CRC), which relates to age-mixing in places of detention. The Subcommittee also recommended that the Government reconsider the Bail Amendment Bill (reversing the burden of proof for some bail decisions) and the Immigration Amendment Bill (related to mass arrivals). Compensation for Torture 16. New Zealand maintains a reservation to Article 14 of the Convention Against Torture, making compensation available only at the discretion of the Attorney-General. At the time New Zealand entered the reservation, there was no statutory remedy for torture victims. Since the reservation was entered, however, the Bill of Rights Act 1990 has been enacted. Courts have held that compensation may be awarded for breaches of the Bill of Rights Act. 17. The consent of the Attorney-General is required for prosecutions for alleged acts of torture. This reflects the serious nature of the crime and ensures that such a significant charge is properly administered. If there are clear allegations are that an act of torture may have been committed, the Attorney-General would consent to prosecution. Non Age-Mixing Provisions 18. The Ministry of Health has issued guidelines to assist district health boards (DHBs) and mental health service providers to comply with the non-age-mixing provisions of article 37(c) of the CRC. The guidelines also describe the Ministry’s expectations in situations where it is considered in the best interests of a child or young person under 18 years to be placed in an adult ward, including that: • Services should have protocols for referral of young people to adult facilities • A child and adolescent psychiatrist or senior clinician be involved in determining whether the child’s best interests are met post-assessment and work closely with the adult mental health clinicians for the duration of the admission • The service should ensure access to age appropriate specialist care via child and adolescent mental health services, paediatric services, or other services with expertise in caring for children with disabilities • A precautionary plan in age-mixing situations must include awareness of the young person’s potential physical, emotional and sexual vulnerability • The young person will have access to appropriate therapeutic and recreational activities and their education needs will be met 19. Directors of Area Mental Health Services are required to report any instances of agemixing in mental health units to the Ministry of Health. Notifications must include a 5