Crimes of Torture Amendment Act 2006

1: Title
This Act is the Crimes of Torture Amendment Act 2006.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Crimes of Torture Act 1989
1: Amendments to principal Act
4: Title repealed
The Title is repealed.
5: Interpretation
Section 2(1) The Convention , a copy of the English text of which is set out in Schedule 1
6: New Part heading and section 2A inserted
The following heading and section are inserted immediately before section 3
1: Prosecution of Crimes of Torture
2A: Purpose of this Part
The purpose of this Part is to enable New Zealand to meet its international obligations under the Convention.
7: New Part 2 added
The following Part is added after section 14
2: Prevention of Crimes of Torture
Preliminary provisions
15: Purpose of this Part
The purpose of this Part is to enable New Zealand to meet its international obligations under the Optional Protocol.
16: Interpretation
In this Part, unless the context otherwise requires,— Central National Preventive Mechanism section 31 deprived of liberty detainee Minister National Preventive Mechanism section 26
a: an Ombudsman holding office under the Ombudsmen Act 1975
b: the Police Complaints Authority:
c: the Children's Commissioner:
d: visiting officers appointed in accordance with relevant Defence Force Orders issued pursuant to sections 175 and 206 of the Armed Forces Discipline Act 1971
e: any other person, body or agency that is designated a National Preventive Mechanism Optional Protocol Schedule 2 place of detention
a: a prison:
b: a police cell:
c: a court cell:
d: a hospital:
e: a secure facility as defined in section 9(2) of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003
f: a residence established under section 364 of the Children, Young Persons, and Their Families Act 1989
g: premises approved under the Immigration Act 1987
h: a service penal establishment as defined in section 2 of the Armed Forces Discipline Act 1971 Subcommittee Part II Visits by Subcommittee
17: Purpose of
sections 18 to 20 The purpose of sections 18 to 20 Article 11
18: Subcommittee's access to information
Every person must permit the Subcommittee to have unrestricted access to the following information in relation to places of detention in New Zealand:
a: the number of places of detention:
b: the location of places of detention:
c: the number of detainees:
d: the treatment of detainees:
e: the conditions of detention applying to detainees.
19: Subcommittee's access to places of detention and persons detained
Every person must permit the Subcommittee to have unrestricted access to—
a: any place of detention in New Zealand and to every part of that place:
b: any person in a place of detention.
20: Subcommittee may conduct interviews
1: Every person must permit the Subcommittee to interview, without witnesses, either personally or through an interpreter,—
a: any person in a place of detention:
b: any other person who the Subcommittee believes may be able to provide relevant information.
2: No person or agency who has provided information in good faith to the Subcommittee may, in respect of the provision of that information, be subject to any—
a: criminal liability:
b: civil liability:
c: disciplinary process:
d: change in detention conditions:
e: other disadvantage or prejudice of any kind.
3: Subsection (2)
4: If requested by the Subcommittee, the person in charge of a place of detention must provide a safe and secure environment for the Subcommittee to conduct an interview with any detainee who is considered likely to behave in a manner that is—
a: offensive, threatening, abusive, or intimidating to any person; or
b: threatening or disruptive to the security and order of the place of detention.
21: Experts may accompany Subcommittee
If the Subcommittee requires it, 1 or more experts selected in accordance with paragraph 3 of Article 13
22: Objection to visit by Subcommittee
1: The Minister may, by notice in writing to the Subcommittee, object to the Subcommittee having access to any place of detention for a temporary period if the Minister believes—
a: there is an urgent and compelling reason on 1 of the following grounds:
i: national defence; or
ii: public safety; or
iii: natural disaster; or
iv: serious disorder in the place of detention; and
b: that ground temporarily prevents access to the place of detention.
2: On receiving a notice under subsection (1)
23: Appointment of New Zealand officials
The Minister may appoint 1 or more persons to accompany or assist the Subcommittee during visits to places of detention in New Zealand.
24: Identification certificates
The Minister may issue a certificate identifying—
a: any member of the Subcommittee:
b: any expert accompanying the Subcommittee:
c: other persons appointed under section 23
25: Ministerial directions
1: The Minister may, by notice in writing, issue directions to any person in charge of a place of detention for the purpose of facilitating any visit to a place of detention in New Zealand by the Subcommittee.
2: A person in charge of a place of detention must comply with any directions given by the Minister under this section. National Preventive Mechanisms
26: Designation of National Preventive Mechanisms
1: In accordance with Article 17 Gazette
2: In designating a National Preventive Mechanism the Minister must have regard to the matters set out in Article 18
3: A National Preventive Mechanism may be designated—
a: in respect of such places of detention as may be specified in the notice; and
b: on any terms and conditions specified in the notice.
4: After designating 1 or more National Preventive Mechanisms under subsection (1) Gazette
a: revoke the designation of a National Preventive Mechanism:
b: designate 1 or more other National Preventive Mechanisms:
c: vary the designation of a National Preventive Mechanism to include or exclude such other places of detention as may be specified in the notice:
d: vary or revoke the terms or conditions to which the designation of a National Preventive Mechanism is subject, or revoke those terms and conditions and impose new terms and conditions.
27: Functions of National Preventive Mechanism
A National Preventive Mechanism has the following functions under this Act in respect of the places of detention for which it is designated:
a: to examine, at regular intervals and at any other times the National Preventive Mechanism may decide,—
i: the conditions of detention applying to detainees; and
ii: the treatment of detainees:
b: to make any recommendations it considers appropriate to the person in charge of a place of detention—
i: for improving the conditions of detention applying to detainees:
ii: for improving the treatment of detainees:
iii: for preventing torture and other cruel, inhuman or degrading treatment or punishment in places of detention:
c: to prepare at least 1 written report each year on the exercise of its functions under the Act during the year to which the report relates and provide that report to—
i: the House of Representatives, if the National Preventive Mechanism is an Officer of Parliament; or
ii: the Minister, if the National Preventive Mechanism is not an Officer of Parliament:
d: to provide a copy of each report referred to in paragraph (c)
28: National Preventive Mechanism's access to information
For the purposes of this Act, every person must permit a National Preventive Mechanism to have unrestricted access to the following information:
a: the number of detainees in the places of detention for which it is designated:
b: the treatment of detainees in those places of detention:
c: the conditions of detention applying to detainees in those places of detention.
29: National Preventive Mechanism's access to places of detention and persons detained
For the purposes of this Act, every person must permit a National Preventive Mechanism to have unrestricted access to—
a: any place of detention for which it is designated, and to every part of that place:
b: any person in a place of detention for which it is designated.
30: National Preventive Mechanism may conduct interviews
1: For the purposes of this Act, every person must permit a National Preventive Mechanism to interview, without witnesses, either personally or through an interpreter,—
a: any person in a place of detention for which it is designated:
b: any other person who the National Preventive Mechanism believes may be able to provide relevant information.
2: No person or agency who has provided information in good faith to a National Preventive Mechanism may, in respect of the provision of that information, be subject to any—
a: criminal liability:
b: civil liability:
c: disciplinary process:
d: change in detention conditions:
e: other disadvantage or prejudice of any kind.
3: Subsection (2)
4: If requested by the National Preventive Mechanism, the person in charge of a place of detention must provide a safe and secure environment for the National Preventive Mechanism to conduct an interview with any detainee who is considered likely to behave in a manner that is—
a: offensive, threatening, abusive, or intimidating to any person; or
b: threatening or disruptive to the security and order of the place of detention. Central National Preventive Mechanism
31: Designation of Central National Preventive Mechanism
The Minister may, at any time, by notice in the Gazette
32: Functions of Central National Preventive Mechanism
1: The functions of the Central National Preventive Mechanism, in relation to this Act, are to—
a: coordinate the activities of the National Preventive Mechanisms; and
b: maintain effective liaison with the Subcommittee.
2: In carrying out its functions, the Central National Preventive Mechanism is to—
a: consult and liaise with the National Preventive Mechanisms:
b: review the reports prepared by the National Preventive Mechanisms under section 27(c)
c: coordinate the submission of the reports prepared by the National Preventive Mechanisms under section 27(c)
d: make, in consultation with all relevant National Preventive Mechanisms, any recommendations to the Government that it considers appropriate on any matter relating to the prevention of torture and other cruel, inhuman or degrading treatment or punishment in places of detention in New Zealand. Miscellaneous provisions
33: Confidentiality of information
1: Every person must keep confidential any information that is given to him or her in the exercise of that person's functions or duties under this Act.
2: Despite anything in subsection (1)
a: enabling New Zealand to fulfil its obligations under the Optional Protocol:
b: giving effect to this Act.
3: Nothing in this Act prevents a National Preventive Mechanism or the Central National Preventive Mechanism from making public statements in relation to any matter contained in a report presented to the House of Representatives under section 27(c)(i) or section 36(1)
4: No information disclosed under subsection (2) subsection (3)
34: Powers of National Preventive Mechanism
Where a National Preventive Mechanism has powers in relation to the exercise of any functions under any other Act, the National Preventive Mechanism has, in relation to the exercise of its functions under this Part, the same powers.
35: Protections, privileges, and immunities
Where a National Preventive Mechanism has protections, privileges, and immunities in relation to the exercise of any powers and functions under any other Act, the National Preventive Mechanism has, in relation to the exercise of its functions under this Part, the same protections, privileges, and immunities.
36: Publication of National Preventive Mechanism report
1: As soon as practicable after receiving a report under section 27(c)(ii)
2: As soon as practicable after a report of a National Preventive Mechanism has been presented to the House of Representatives under subsection (1) or section 27(c)(i)
a: publicly notify where copies of the report may be inspected and purchased; and
b: make copies of the report available to the public at the place set out in the public notification, on request, for inspection free of charge and for purchase at a reasonable cost.
37: This Part not limited by other Acts
Where an agency or person (including a National Preventive Mechanism) has investigative functions under any other Act not amended by Part 2 of the Crimes of Torture Amendment Act 2006
8: New schedules added
The principal Act is amended by adding Schedules 1 and 2 set out in the Schedule.
2: Amendments to other Acts
9: Corrections Act 2004 The Corrections Act 2004 section 162
162A: Crimes of Torture Act 1989 Nothing in this Act limits the operation of Part 2 of the Crimes of Torture Act 1989
10: Health and Disability Services (Safety) Act 2001 The Health and Disability Services (Safety) Act 2001 section 47
47A: Crimes of Torture Act 1989 Nothing in this Act limits the operation of Part 2 of the Crimes of Torture Act 1989
11: Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 The Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 section 147
147A: Crimes of Torture Act 1989 Nothing in this Act limits the operation of Part 2 of the Crimes of Torture Act 1989
12: Mental Health (Compulsory Assessment and Treatment) Act 1992 The Mental Health (Compulsory Assessment and Treatment) Act 1992 section 99B
99C: Crimes of Torture Act 1989 Nothing in this Act limits the operation of Part 2 of the Crimes of Torture Act 1989
13: Ombudsmen Act 1975 The Ombudsmen Act 1975 section 32
32A: Crimes of Torture Act 1989 Nothing in this Act limits the operation of Part 2 of the Crimes of Torture Act 1989
14: Police Complaints Authority Act 1988 The Police Complaints Authority Act 1988 section 38
38A: Crimes of Torture Act 1989 Nothing in this Act limits the operation of Part 2 of the Crimes of Torture Act 1989