CAT/OP/NZL/1/Add.1
C.
Fundamental Safeguards
Right of accused or detained persons
50.
The Subcommittee made recommendations about ensuring people arrested or
detained by Police are aware of their rights. Existing legislation, case law and standing
Police Instructions provide that any person who is detained (or who is being spoken to in
such a way that leads them to believe that they are detained) must be advised of their rights.
Police carry notebook cards with the Rights Caution wording. Persons taken into Police
custodial areas are reminded of these rights. Police will consider other methods to remind
detainees of their rights during their time in Police custody.
Complaint Mechanisms
51.
The Subcommittee recommended New Zealand clearly differentiates requests and
complaints by prisoners. Corrections will review the complaints process to differentiate
between requests and complaints. This review will ensure records of all requests or
complaints, and their outcomes, are available to monitoring bodies.
Staff training
52.
The Subcommittee recommended New Zealand conduct regular training to ensure
that law enforcement personnel can use the Integrated Offender Management System
(IOMS) confidently and effectively. Corrections have recently introduced the Corrections
Officer Development Pathway, a training package for new staff that blends on-the-job and
classroom-based learning for Corrections officers and offender employment instructors.
The Pathway represents a significant change to the way custodial officers are trained. This
new approach will support the on-going training and use of the IOMS. In addition, training
documents in the form of simple User Guides and online help is provided with every IOMS
upgrade or enhancement release.
53.
Police have recently developed an on-line training package for the Police National
Intelligence Application (NIA) Custody Module and associated Custody Management
Console. This training is available to all staff. All new custodial officers undertake the
tutorial package as part of their initial induction. Existing custodial staff has been made
aware of the package and are encouraged to use it to refresh their knowledge.
Detainee records
54.
The Subcommittee recommended New Zealand improve record keeping, particularly
in police stations and take measures to ensure the confidentiality of medical information.
55.
Detainee records currently exist in paper and electronic form. Paper copies of NIA
entries are made to ensure business continuity in the event that the application becomes
unavailable. Other documents such as personalised Health and Safety Management Plans
for Person in Custody and Record of Medical Examination forms are attached to the printed
Custody Sheet while that individual is under Police supervision. This correspondence is
securely filed once the person is no longer in Police custody.
56.
Health information that has been presented to Police about a detainee since his or
her time in custody is available for any officer responsible for the management of the
detainee. With shift changes and multiple officer teams this means the health information
may be reviewed by several officers over the time the detainee is held by Police. This may
be necessary for the health and safety of the detainee. Police monitor access to detainee
electronic records using periodic and random auditing processes of the NIA. Any breach of
the Acceptable Use of Technology policy initiates an employment investigation.
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