PREV: Executive Summary.



Many people contributed to work on this report, and I should like to thank them all. Thanks are due to New Zealand’s Human Rights Commission for inviting me to conduct this study and for setting up site visits and meetings. The study was carried out with the co-operation of New Zealand’s National Preventative Mechanisms (NPMs), who provided me with invaluable insights on New Zealand’s seclusion and restraint practices and accompanied me on site visits, generously offering their time and experience. My thanks to David Rutherford, Chief Human Rights Commissioner, Judge Andrew Becroft, the Children’s Commissioner, Judge Peter Boshier, Chief Ombudsman, Judge Sir David Carruthers, Chair of the Independent Police Conduct Authority, Dame Susan Devoy, Race Relations Commissioner, and Paul Gibson, Disability Rights Commissioner, for supporting this project and sharing their extensive knowledge and experience.

Jacki Jones, Chief Inspector COTA, Office of the Ombudsman, was instrumental to this review, from helping to select which sites to visit through to accompanying me on several visits and commenting on drafts of this report. COTA Inspectors Tessa Harbutt, Emma Roebuck and Eric Fairbairn joined different site visits, as did Sarah Hayward and Brian Gardner of the Office of the Children’s Commissioner, and Warren Young from the Independent Police Conduct Authority. I am grateful to them all. Thanks are also due to Liz Kinley of the Children’s Commissioner’s office, for her thoughts and insightful comments on a draft of this report. Many thanks are due to Anneliese Boston for co-ordinating and accompanying me on visits, liaising with both the NPM bodies and the detaining agencies, and providing background materials. Also at the Human Rights Commission, my thanks to Margaret McDonald, Senior Human Rights Specialist, and to Michael White, Senior Legal Advisor, for their assistance in putting together the relevant New Zealand legislation and regulations appended to this report, and to Anna Ashton for helping to get this study off the ground. My thanks to Angela Gruar and Carolyn Swanson of Te Pou, Judi Clements, Chair of the Mental Health Multi-Agency Group, Toni Ellis of Blackstone Chambers, to activists Anne Helm and Jak Wild and to all those who took the time to meet with me and share their thoughts on, or in some cases, experiences of, seclusion and restraint.

My sincere thanks also to all the many people who engaged with me during my visits – managers, staff, and service users alike, and to the detaining agencies for their co-operation and openness during visits, for allowing us unrestricted access and for their answers to my (many) questions. Particular thanks are due to Auckland Women’s Facility and Rolleston prison for their willingness to accommodate a visit at a very short notice, and to Desley Watkins, Senior Advisor at the Department of Corrections, for organising these, alongside all our other prison visits, and for ensuring that all the information requested (and much more!) was available to us. Thanks also to Jean-Sébastien Blanc of the Association for the Prevention of Torture (APT) for bringing me up to date with the latest on the use of restraints, to Kellie Reeve for her sage advice and insightful comments, and to Louise Finer for reading drafts of this reports and helping to make it better. Last but not least, my thanks to Janet Anderson-Bidois, Chief Legal Adviser to the New Zealand Human Rights Commission for engaging with this project from inception to completion and for her invaluable comments on drafts of this report.

Sharon Shalev

February 2017


NEXT: 1. Seclusion and restraint: background, definitions, human rights standards and key principles for assessing their use.