Crimes of Torture Act 1989

1: Short Title
This Act may be cited as the Crimes of Torture Act 1989.
2: Interpretation
1: In this Act, unless the context otherwise requires,— act of torture
a: for such purposes as—
i: obtaining from that person or some other person information or a confession; or
ii: punishing that person for any act or omission for which that person or some other person is responsible or is suspected of being responsible; or
iii: intimidating or coercing that person or some other person; or
b: for any reason based on discrimination of any kind;— but does not include any act or omission arising only from, or inherent in, or incidental to, any lawful sanctions that are not inconsistent with the Articles of the International Covenant on Civil and Political Rights the Convention , a copy of the English text of which is set out in Schedule 1 New Zealand section 3 , Contiguous Zone, public official
a: any person in the service of Her Majesty in right of New Zealand, including—
i: a member of any of the Armed Forces of New Zealand; and
ii: a judicial officer and a law enforcement officer within the meaning of Part 6
iii: an officer within the meaning of the Corrections Act 2004
iiia: a security officer within the meaning of the Corrections Act 2004
iv: a member and an employee of any local authority or public body; and
b: any person who may exercise any power, pursuant to any law in force in a foreign state, that would be exercised in New Zealand by any person described in paragraph (a)
2: Unless the context otherwise requires, an expression that is used both in this Act and in the Convention has, in this Act, the same meaning as it has in the Convention. Section 2(1) the Convention amended 5 December 2006 section 5 Crimes of Torture Amendment Act 2006 Section 2(1) conviction on indictment repealed 1 July 2013 section 413 Criminal Procedure Act 2011 Section 2(1) Fugitive Offenders Act 1881 repealed 1 September 1999 section 111 Extradition Act 1999 Section 2(1) New Zealand amended 1 August 1996 Territorial Sea and Exclusive Economic Zone Amendment Act 1996 Section 2(1) public official amended 1 June 2005 section 206 Corrections Act 2004 Section 2(1) public official inserted 1 March 1995 Penal Institutions Amendment Act 1994 Section 2(1) public official amended 1 June 2005 section 206 Corrections Act 2004
1: Prosecution of crimes of torture
Part 1 heading inserted 5 December 2006 section 6 Crimes of Torture Amendment Act 2006
2A: Purpose of this Part
The purpose of this Part is to enable New Zealand to meet its international obligations under the Convention. Section 2A inserted 5 December 2006 section 6 Crimes of Torture Amendment Act 2006
3: Acts of torture
1: Every person is liable upon conviction
a: commits an act of torture; or
b: does or omits an act for the purpose of aiding any person to commit an act of torture; or
c: abets any person in the commission of an act of torture; or
d: incites, counsels, or procures any person to commit an act of torture.
2: Every person is liable upon conviction
a: attempts to commit an act of torture; or
b: conspires with any other person to commit an act of torture; or
c: is an accessory after the fact to an act of torture.
3: This section applies to any person who is a public official or who is acting in an official capacity. Section 3(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 3(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
4: Jurisdiction in respect of acts of torture
No proceedings for an offence against any of the provisions of section 3
a: the person to be charged is a New Zealand citizen; or
b: the person to be charged is present in New Zealand; or
c: the act or omission constituting the offence charged is alleged to have occurred in New Zealand or on board a ship or an aircraft that is registered in New Zealand.
5: Attorney-General to consider question of compensation
1: Where any person is convicted of an offence against section 3
2: Nothing in subsection (1) shall limit or affect any right to compensation that any such person may have under any other enactment.
6: Extradition Act 1965 amended
Section 6 repealed 1 September 1999 section 111 Extradition Act 1999
7: Fugitive Offenders Act 1881 amended
Section 7 repealed 1 September 1999 section 111 Extradition Act 1999
8: Crimes deemed to be included in extradition treaties
1: For the purposes of the Extradition Act 1999 section 15 section 104 subsection (1) or subsection (2) of section 3
2: If under subsection (1) a crime is deemed to be an offence described in an extradition treaty, no person may be surrendered for that crime in accordance with the provisions of the Extradition Act 1999
3: For the purposes of this section, country Section 8 substituted 1 September 1999 section 111 Extradition Act 1999
9: Surrender of offenders
Section 9 repealed 1 September 1999 section 111 Extradition Act 1999
10: Restrictions on surrender of offenders
Section 10 repealed 1 September 1999 section 111 Extradition Act 1999
11: Restrictions on surrender
1: Without limiting the grounds on which surrender must or may be refused under the Extradition Act 1999 subsection (1) or subsection (2) of section 3
2: If, in any case to which subsection (2) applies, it is subsequently determined that proceedings should not be brought in New Zealand against the person in respect of the act or omission, the Attorney-General must advise the court accordingly, and the court must proceed with the matter as if the Attorney-General's certificate had never been given. Section 11 substituted 1 September 1999 section 111 Extradition Act 1999
12: Attorney-General's consent required to prosecutions
1: Subject to subsection (2), no proceedings for the trial and punishment of any person charged with a crime described in subsection (1) or subsection (2) of section 3
2: A person charged with a crime against any of those provisions may be arrested, or a warrant for his or her arrest may be issued and executed, and that person may be remanded in custody or on bail, notwithstanding that the consent of the Attorney-General to the institution of a prosecution for the crime has not been obtained, but no further proceedings shall be taken until that consent has been obtained.
13: Evidence
For any purpose in connection with this Act, a certificate, given by the Secretary of Foreign Affairs and Trade Secretary of Foreign Affairs and Trade
a: that any country is or is not, or was or was not at any material time, a party to the Convention; or
b: that the Government of any country is or is not, or was or was not at any material time, responsible for the international relations of any territory,— shall be sufficient evidence of that fact. Section 13 amended 1 July 1993 section 9(4) Foreign Affairs Amendment Act 1993
14: Application of certain provisions of Crimes Act 1961
1: Nothing in section 8 section 400 section 3
2: Except as provided in subsection (1), nothing in this Act shall limit or affect any of the provisions of the Crimes Act 1961
2: Prevention of crimes of torture
Part 2 added 5 December 2006 section 7 Crimes of Torture Amendment Act 2006 Preliminary provisions Heading added 5 December 2006 section 7 Crimes of Torture Amendment Act 2006
15: Purpose of this Part
The purpose of this Part is to enable New Zealand to meet its international obligations under the Optional Protocol. Section 15 added 5 December 2006 section 7 Crimes of Torture Amendment Act 2006
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 Independent Police Conduct
c: the Children and Young People’s Commission
d: the Registrar of the Court Martial of New Zealand appointed under section 79
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:
da: a treatment centre as defined in section 4
e: a secure facility as defined in section 9(2)
f: a residence established under section 364 Oranga Tamariki Act 1989
fa: a residence established under section 114
g: premises approved under the Immigration Act 2009
h: a service penal establishment as defined in section 2 Subcommittee Section 16 added 5 December 2006 section 7 Crimes of Torture Amendment Act 2006 Section 16 National Preventive Mechanism amended 29 November 2007 section 26 Independent Police Conduct Authority Amendment Act 2007 Section 16 National Preventive Mechanism amended 1 July 2023 section 41 Children and Young People's Commission Act 2022 Section 16 National Preventive Mechanism substituted 1 July 2009 section 87 Court Martial Act 2007 Section 16 place of detention inserted 21 February 2018 section 122(1) Substance Addiction (Compulsory Assessment and Treatment) Act 2017 Section 16 place of detention amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 16 place of detention inserted 12 December 2014 section 144 Public Safety (Public Protection Orders) Act 2014 Section 16 place of detention amended 29 November 2010 section 406(1) Immigration Act 2009 Visits by Subcommittee Heading added 5 December 2006 section 7 Crimes of Torture Amendment Act 2006
17: Purpose of sections 18 to 20
The purpose of sections 18 to 20 Section 17 added 5 December 2006 section 7 Crimes of Torture Amendment Act 2006
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. Section 18 added 5 December 2006 section 7 Crimes of Torture Amendment Act 2006
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. Section 19 added 5 December 2006 section 7 Crimes of Torture Amendment Act 2006
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) applies regardless of whether the information provided to the Subcommittee was true.
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. Section 20 added 5 December 2006 section 7 Crimes of Torture Amendment Act 2006
21: Experts may accompany Subcommittee
If the Subcommittee requires it, 1 or more experts selected in accordance with paragraph 3 of Article 13 of the Optional Protocol may accompany the Subcommittee on any visit to a place of detention. Section 21 added 5 December 2006 section 7 Crimes of Torture Amendment Act 2006
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 one 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), the Subcommittee must delay its visit to the place of detention to a later date. Section 22 added 5 December 2006 section 7 Crimes of Torture Amendment Act 2006
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. Section 23 added 5 December 2006 section 7 Crimes of Torture Amendment Act 2006
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 Section 24 added 5 December 2006 section 7 Crimes of Torture Amendment Act 2006
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. Section 25 added 5 December 2006 section 7 Crimes of Torture Amendment Act 2006 National Preventive Mechanisms Heading added 5 December 2006 section 7 Crimes of Torture Amendment Act 2006
26: Designation of National Preventive Mechanisms
1: In accordance with Article 17 of the Optional Protocol, the Minister must, not later than 1 year after the Optional Protocol is ratified by New Zealand, designate by notice in the Gazette
2: In designating a National Preventive Mechanism the Minister must have regard to the matters set out in Article 18 of the Optional Protocol.
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), the Minister may, at any time, by notice in the 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. Section 26 added 5 December 2006 section 7 Crimes of Torture Amendment Act 2006
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) to the Central National Preventive Mechanism (if designated). Section 27 added 5 December 2006 section 7 Crimes of Torture Amendment Act 2006
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. Section 28 added 5 December 2006 section 7 Crimes of Torture Amendment Act 2006
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. Section 29 added 5 December 2006 section 7 Crimes of Torture Amendment Act 2006
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) applies regardless of whether the information provided to the National Preventive Mechanism was true.
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. Section 30 added 5 December 2006 section 7 Crimes of Torture Amendment Act 2006 Central National Preventive Mechanism Heading added 5 December 2006 section 7 Crimes of Torture Amendment Act 2006
31: Designation of Central National Preventive Mechanism
The Minister may, at any time, by notice in the Gazette Section 31 added 5 December 2006 section 7 Crimes of Torture Amendment Act 2006
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. Section 32 added 5 December 2006 section 7 Crimes of Torture Amendment Act 2006 Miscellaneous provisions Heading added 5 December 2006 section 7 Crimes of Torture Amendment Act 2006
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), such information may be disclosed for the purpose of—
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) section 36(1)
4: No information disclosed under subsection (2) or public statement made under subsection (3) may include information about an identifiable individual without that individual's consent. Section 33 added 5 December 2006 section 7 Crimes of Torture Amendment Act 2006
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. Section 34 added 5 December 2006 section 7 Crimes of Torture Amendment Act 2006
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. Section 35 added 5 December 2006 section 7 Crimes of Torture Amendment Act 2006
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. Section 36 added 5 December 2006 section 7 Crimes of Torture Amendment Act 2006
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 Section 37 added 5 December 2006 section 7 Crimes of Torture Amendment Act 2006