New Zealand Page 1 of 7 2005 Human Rights Report Released | Daily Press Briefing | Other News... New Zealand Country Reports on Human Rights Practices - 2005 Released by the Bureau of Democracy, Human Rights, and Labor March 8, 2006 New Zealand is a parliamentary democracy with a population of approximately 4.1 million. Queen Elizabeth II is chief of state and is represented by the governor general. Citizens periodically choose their representatives in free and fair multiparty elections. The 121-member Parliament is elected in a mixed-member, proportional representation system, with 7 seats reserved for members of the native Maori population. The most recent elections were held in September. The Labor Party won 50 parliamentary seats and formed a minority coalition government; Helen Clark remained prime minister. The civilian authorities generally maintained effective control of the security forces. The government generally respected the human rights of its citizens, and the law and judiciary provide effective means of addressing individual instances of abuse. The following human rights problems were reported: disproportionate societal problems for indigenous people RESPECT FOR HUMAN RIGHTS Section 1 Respect for the Integrity of the Person, Including Freedom From: a. Arbitrary or Unlawful Deprivation of Life There were no reports that the government or its agents committed arbitrary or unlawful killings. There were no further developments in the August 2004 police killing of a man who attacked his wife and police officers with a knife. For the 12-month period ending June 30, 9 new cases of death involving a police officer were received and under investigation at year's end. b. Disappearance There were no reports of politically motivated disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment The law prohibits such practices, and there were no reports that government officials employed them. During the year there were some complaints that individual members of the police committed abuses. The Independent Police Complaints Authority handled complaints of police abuse, ranging from use of abusive language to allegations of complicity in deaths. In March an assistant police commissioner and 2 former police officers were arrested for sexual offenses against 2 women in Rotorua dating back to 1986 and were charged with 20 counts of rape, indecent assault, and unlawful sexual connection. The case was awaiting trial at year's end. Prison and Detention Center Conditions Prison conditions generally met international standards, and the government permitted visits by human rights observers. In June 2004 Parliament passed a new corrections act, which came into force in June. The objectives of the act were to eliminate private management of prisons, establish individual management plans for prisoners, and make prisoners' minimum entitlements more consistent with UN standards. In the 12-month period ending June 30, there were 9 serious assaults on staff by inmates and 18 assaults of inmates by other inmates. During the same period there were 12 recorded deaths in custody, including 5 suicides. New Zealand Page 2 of 7 Prison overcrowding was a problem during the year. At year's end there were 6,965 male prisoners and 455 female prisoners, while prison capacity was 6,942 beds for male prisoners and 455 for female prisoners. To alleviate overcrowding, during the year the government continued expansion and new prison construction efforts, used double bunking at prisons, and housed prisoners in police and court cells. In March the Northland Region Correction Facility opened, and its full 350-bed capacity was operational by year's end. An additional 380 beds were added at existing facilities during the year, and 3 new correctional facilities were under construction that would add space for 1,286 inmates over the next 2 years. Juvenile detainees come under the jurisdiction of Child, Youth, and Family Services (CYFS) rather than the police. On October 4, to relieve pressure on overcrowded facilities, CYFS completed a new youth justice facility, raising to 102 the number of beds available for juvenile offenders serving residential orders and juvenile pretrial detainees. As of November juveniles spent more than 600 detention nights in police cells during the year while waiting for a bed in a youth justice residence. A government report released in December 2004 concerning the use of excessive force by the Canterbury Emergency Response Unit, also known as the "goon squad," found that management failings in the Department of Corrections allowed the unit to develop an inappropriate militaristic culture, and the department disciplined some unit members for violating proper procedures. On January 28, the Christchurch District Court dismissed a civil suit for compensatory damages brought by one affected prisoner. In 2003 nine inmates of Auckland's Paremoremo Prison Behavioral Management Regime (BMR) brought a case against the Department of Corrections, alleging that the practices employed by the BMR, a special unit that isolates prisoners who pose a risk to staff or other inmates, constituted torture. In September 2004 the Wellington High Court awarded compensation of $91 thousand (NZ$130 thousand) to 5 of the claimants for breaches of their rights under the Bill of Rights Act, although the court did not find that their treatment constituted torture. The claimants appealed to dispute the amount of the compensation, and in December the Court of Appeal increased the amount awarded in the High Court to $98 thousand (NZ$140 thousand) to correct for a calculation error. d. Arbitrary Arrest or Detention The law prohibits arbitrary arrest and detention, and the government generally observed these prohibitions. Role of the Police and Security Apparatus The police commissioner, appointed by the governor general, is the chief executive of the police force and reports to the minister of police. A board of commissioners, consisting of the commissioner and two deputy commissioners, is responsible for high-level leadership and makes decisions on police strategy, governance, and performance management. The police are organized into 12 districts. There are three operational branches: general duties, criminal investigation, and traffic safety. Allegations of corruption or impunity are referred to the Independent Police Complaints Authority, which can refer cases directly to Parliament. The police generally did not have problems with corruption and impunity. Arrest and Detention Police may arrest a suspect without a warrant if they have reasonable cause. Police also may request a warrant from a district court judge. Police may enter premises without a warrant to arrest a person if they reasonably suspect the person of committing a crime on the premises, or if they have found the person committing an offense and are in pursuit. Police must inform arrested persons immediately of their legal rights and the grounds for their arrest. After a suspect has been arrested and charged, police have the power to release the person on bail until the first court appearance. That bail comes to an end at the first court appearance and is distinct from court bail. Court bail is granted unless there is good reason to believe that the suspect would flee or is likely to be a danger to the community. Police bail is not normally granted for more serious offenses such as serious assault or burglary. Attorneys and families were granted prompt access to detainees. There were no reports of political detainees. e. Denial of Fair Public Trial The law provides for an independent judiciary, and the government generally respected this provision in practice. The Supreme Court is the country's highest court of appeal. It is composed of the chief justice and four other judges appointed by the governor general. Below the Supreme Court is the Court of Appeal; it hears appeals from the High Court, which has original jurisdiction for major crimes and important civil claims. The Court of Appeal also hears appeals on decisions of the district courts in serious criminal matters. The High Court hears appeals from lower courts and reviews administrative actions. Remaining original jurisdiction rests with the 63 district courts. Special courts include the Employment Court, Family Court, Youth Court, Maori Land Court, Maori Appellate Court, and Environment Court. The country's military forces have their own court system, with a Courts Martial and a Courts Martial Appeals Court; appeals from the Courts Martial Appeals Court may be made to the Court of Appeal and the Supreme Court. Trial Procedures The law provides for the right to a fair trial, and an independent judiciary generally enforced this right. Defendants enjoy the rights found in other common-law jurisdictions, including a presumption of innocence, a right to a jury trial, a right of appeal, and the right to counsel, to New Zealand Page 3 of 7 question witnesses, and to access government-held evidence. Political Prisoners There were no reports of political prisoners. f. Arbitrary Interference with Privacy, Family, Home, or Correspondence The law prohibits such actions, and the government generally respected these prohibitions in practice. Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and Press The law provides for freedom of speech and of the press, and the government generally respected these rights in practice and did not restrict academic freedom or the Internet. An independent press, an effective judiciary, and a functioning democratic political system combined to ensure freedom of speech and of the press. b. Freedom of Peaceful Assembly and Association The law provides for freedom of assembly and association, and the government generally respected these rights in practice. c. Freedom of Religion The law provides for freedom of religion, and the government generally respected this right in practice. Societal Abuses and Discrimination In November a man was convicted and sentenced to 15 months' imprisonment for abuse directed at Muslims at a bus stop and on a bus in South Dunedin.