The United Nations has called on the New Zealand government to take immediate action to address the disproportionately high rates of Māori imprisonment and improve the conditions for people in detention. The UN Committee against Torture highlighted the need for transformational change in the country’s justice system, emphasizing concerns about pretrial detention practices and the lack of time limits for detainees.
The committee’s recommendations have garnered support from various organizations, including the Te Kāhui Tika Tangata Human Rights Commission, the Ombudsman New Zealand, the Mana Mokopuna Children and Young People’s Commission, and the Inspector of Service Penal Establishments. These entities, which presented to the UN Committee in July, are part of the National Preventive Mechanism.
The New Zealand government is expected to report back to the UN Committee within a year on its progress in implementing the four priority recommendations outlined in the committee’s report.
Chief Human Rights Commissioner Paul Hunt of Te Amokapua stressed that the root causes of high indigenous incarceration rates can be traced back to colonization and its ongoing impacts. He emphasized the need for the justice system not to perpetuate intergenerational harm on Māori and welcomed the overdue transformation of the criminal justice system.
Chief Ombudsman Peter Boshier underscored that the UN’s findings aligned with his own concerns about overcrowding, poor conditions, and staff shortages in detention facilities. He also criticized the use of spit hoods and pepper spray. Boshier emphasized the seriousness of the UN’s urgent call for change and reiterated his commitment to monitoring issues highlighted by the committee, including appropriate care in detention and harmful practices such as solitary confinement.
Mana Mokopuna Judge Frances Eivers, Chief Children’s Commissioner, urged the government to raise the minimum age of criminal responsibility from 10 to 14, in line with the Convention Against Torture. She also called for an end to remanding children into custody and the use of secure care and force, including restraints, in youth justice residences. Eivers highlighted the disproportionate representation of Māori youth in the justice system and acknowledged the role it plays as a pipeline to prison.
The National Preventive Mechanism, consisting of four monitoring agencies operating under the United Nations Optional Protocol to the Convention against Torture and the Crimes of Torture Act 1989, regularly visits places of detention to prevent torture and ill-treatment. These agencies monitor facilities such as prisons, police cells, military detention centers, health facilities, and child and youth residences. The Te Kāhui Tika Tangata Human Rights Commission serves as the central coordinating body for the National Preventive Mechanism, facilitating communication between the monitoring agencies, the government, and UN bodies.
The UN’s recommendations highlight the pressing need for New Zealand to address the systemic issues within its justice system and actively work towards reducing the overrepresentation of Māori in prisons. The government faces the task of implementing the committee’s priority recommendations and providing progress reports within the given timeline. By addressing these critical issues, New Zealand can strive for a more equitable and fair justice system that respects the rights and well-being of all individuals within its borders.
