CAT/OP/NZL/1
D.
Maori issues
50.
The Subcommittee observed that there was a disproportionately high number of
Maori detainees at every stage of the criminal justice system. While commending the
establishment of Maori focus units in Hastings and Rimutaka prisons, among others, and
the strides made by the State party to address both Maori and general recidivism through
reintegration programmes, the Subcommittee is concerned at the absence of such
programmes in other prisons, particularly women’s prisons.
51.
The Subcommittee notes that Maori recidivism, particularly youth recidivism, is
attributable to a broad range of factors requiring targeted responses, which go well beyond
those provided by the criminal justice system.
52.
The Subcommittee recommends that the State party replicate and further
develop existing programmes, including Maori literacy programmes, aimed at
reducing Maori recidivism. The State party should focus on programmes which
support reformation and reintegration, produce tangible outcomes and focus on
preventing reoffending.
E.
Juvenile justice
53.
The Subcommittee welcomes the extent to which the arrest, detention or
imprisonment of a child is used only as a measure of last resort and for the shortest
appropriate period of time, in accordance with international standards. Having observed the
work of the police and staff at the youth justice residences visited, the Subcommittee
commends the extent to which it reflects the principle of the best interest of the child, the
promotion of the sense of dignity and worth of the child and the reintegration and
constructive functioning of the child in society. However, the Subcommittee was concerned
at the low legal age for criminal responsibility, starting at 10 years under the Children,
Young Persons and Their Families Act 1989.
54.
The Subcommittee recommends that the State party consider increasing the
age of criminal responsibility.
55.
The Subcommittee considered the youth justice residences it visited to be very
structured and organized. It commends the high ratio of staff to children and adolescents,
which enables impressive dedicated care. It observed cases of mixing remand and
sentenced children and adolescents and, at times, the mixing of males and females, which
was done on purpose to allow all to benefit from the behaviour modification programmes
and activities in place.
56.
The Subcommittee noted the efforts made in prisons to replicate the approach of the
youth justice residences, for example as regards facilities and behaviour modification
programmes for juvenile prisoners. However, a more flexible approach could be used to
improve the regime of juveniles remanded in custody, in particular with regard to activities
aimed at reintegration.
57.
The Subcommittee recommends that, as in youth justice residences, exceptions
to the requirement for separation between remand and convicted juveniles could be
made in prisons, in order to allow juveniles on remand, if they so wish, to participate
in organized activities, including work programmes which would otherwise be
unavailable to them.8
8
12
See United Nations Rules for the Protection of Juveniles Deprived of their Liberty, art. 18 (b).
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