The Human Rights Commission has overall responsibility for coordinating New Zealand's programme of monitoring and reporting on places of detention
The requirement to inspect Police custody facilities arises from New Zealand’s status as a party to the UN Optional Protocol against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment (OPCAT).
OPCAT provides for regular, independent visits to all places of detention, with the aim of ensuring that conditions and treatment meet human rights standards, as well as preventing torture and other forms of cruel, inhuman, or degrading treatment or punishment.
Our custody inspections are separate from our handling of custody-related complaints and notifications of adverse incidents.
As an NPM, we form an opinion about the conditions and treatment of people in Police custody, report our observations and, if necessary, make recommendations for improvement. We aim to ensure safeguards against ill-treatment are in place and that poor practices, or systemic problems, are identified and addressed promptly.
Our inspections assess how well each district fulfils its responsibilities when detaining people in Police custody, and the outcomes for them. This includes how safely they are managed and how humanely they are treated. We undertake to complete visits to all custody units within a district that have been designated to hold detainees overnight. We also visit court cells and selected custodial facilities intended as holding facilities. We visit holding cells when we identify that they are regularly used to process arrests or detentions.
Whenever possible during the visits, we monitor how Police staff manage detainees during each stage of a person's time in custody, from initial reception until their release or transfer. This involves direct observations of the care and treatment of detainees and is supported by interviews and conversations with the staff involved covering all aspects of managing a detainee’s time in custody. To help ensure we can directly observe as many of the custodial processes as possible, our inspectors work different shifts including evenings. When there are no detainees present or our inspectors only saw one part of the process, we reviewed the custody records and discussed these with the staff.
When it is appropriate, we conduct voluntary private interviews with the detainees present during our visits. We ask about their experiences and understanding of the custody process. We also asked them about their health, wellbeing, and other personal circumstances to help assess whether their needs are being met appropriately.
We speak to the operational staff, custody supervisors, and managers to discuss the leadership and accountability in the district with focus on the local policies, practices, procedures, and district staffing and training arrangements.