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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