CAT/OP/NZL/1/Add.1
justification for age-mixing that confirms it is in the best interests of the child. A common
reason for admitting a young person to an adult unit is when it is not possible to
immediately admit them to a youth mental health facility, and it was considered in the best
interests of the young person to be assessed in an inpatient setting while the service was
arranging transfer to a youth mental health service. This information is collected by the
Ministry of Health.
20.
In cases where it is unclear whether age-mixing has been in the best interests of the
child or young person, the Director of Mental Health may intervene. District inspectors of
mental health also advise the Ministry of Health when they become aware of possible
breaches of a child or young person’s rights under the Mental Health (Compulsory
Assessment and Treatment) Act 1992 or article 37(3) of CRC. District inspectors are
independent lawyers appointed under the Mental Health (Compulsory Assessment and
Treatment) Act to uphold the rights of patients under the Act.
Bail Amendment Act 2013
21.
The Bail Amendment Bill (now enacted) reversed the burden of proof for some
groups of defendants who have been shown to have the highest rates of offending on bail.
The Bill also removed the presumption in the Bail Act for bail for defendants aged 18 and
19. The presumption was retained for defendants aged 17 and under, except where they
have previously been sentenced to a term of imprisonment. The decision to grant bail in an
individual case, however, remains with the court and is subject to section 24(b) of the New
Zealand Bill of Rights Act 1990. The amendments contained in the Bail Amendment Act,
which related to other groups of defendants in addition to youth, improve public safety and
ensure the overall integrity of the bail system.
Immigration Amendment Act 2013
22.
The Immigration Amendment Act 2013 defines a mass arrival as an arrival of 30 or
more people coming on one craft, or in a group of craft, or separately but within a time
period or circumstances that shows intention to be part of the same group.
23.
The Act contains safeguards that ensure that detention is not mandatory or arbitrary.
The Judge must be satisfied that the warrant is necessary before issuing the warrant of
commitment, has discretion to issue a warrant for a shorter period of detention than six
months, and can require an immigration officer to report to the court at specified periods on
whether the warrant is still necessary. Detention will enable the relevant agencies to enquire
as necessary into the backgrounds of the asylum seekers pending decisions on refugee or
protection claims. This will help confirm identity, and assess whether the asylum seekers
pose a risk to national security or public safety. Once the identities and circumstances
within the group are understood their immigration status can be regularised as appropriate,
and detention would no longer be necessary.
B.
Institutional framework
Security classification system
24.
The Subcommittee recommended the New Zealand Government review the system
for categorisation of prisoners and the conditions of remand prisoners and youth. A key
priority for the Department of Corrections is to ensure that all prisoners have access to
rehabilitation, education, employment and exercise. The security classification system is
important for achieving these objectives and Corrections is reviewing it to ensure youth and
remand prisoners have increased access to programmes.
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