[10 January 2002]

 

CONTENTS (by paragraphs)
 

Introduction ............................................................................................... 1 - 6 

 

 I. INFORMATION ON NEW MEASURES AND

 DEVELOPMENTS RELATING TO THE

 IMPLEMENTATION OF THE CONVENTION .........................  7 - 34 

 

Article 3 .........................................................................................  8 - 10 

 

Articles 4 and 5 ..............................................................................  11 

 

Article 8 .........................................................................................  12 

 

Article 9 .........................................................................................  13 

 

Article 10 .......................................................................................  14 - 18 

 

Article 11 .......................................................................................  19 - 25 

 

Article 12 .......................................................................................  26 

 

Article 13 .......................................................................................  27 - 30 

 

Article 14 .......................................................................................  31 - 33 

 

Tokelau ..........................................................................................  34 

 

 II. ADDITIONAL INFORMATION REQUESTED

 BY THE COMMITTEE ................................................................  35 - 37 

 

III. COMPLIANCE WITH THE COMMITTEE’S

 CONCLUSIONS AND RECOMMENDATIONS .......................  38 - 39 

 

List of annexes* ........................................................................................................................ 13

 

 

 

* Available for consultation in the files of the secretariat.

Introduction

 

1. The following is New Zealand’s second supplementary [third periodic] report to the Committee against Torture submitted in accordance with article 19 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

 

2. This report covers the review period 1 January 1995 to 1 January 2001.

 

3. It deals with new measures which give effect to the provisions of the Convention and other relevant developments. It also addresses issues raised by the Committee against Torture in its consideration of New Zealand’s second periodic report.

 

4. This report supplements and should be read in conjunction with New Zealand’s two prior reports to the Committee and the Committee’s consideration of these. The initial report (CAT/C/12/Add.2) was submitted in July 1992 and considered by the Committee in November 1992 and February 1993. The second periodic report (CAT/C/29/Add.4) was submitted in July 1997 and considered by the Committee in May 1998. Subsequent correspondence with the Committee regarding its concluding observations and recommendations regarding the second periodic report is available as CAT/C/SR.334.  Reference should also be made to the core document on New Zealand (HRI/CORE/1/Add.33/Rev.1).

 

Summary of key developments

 

5. New Zealand’s first two periodic reports to the Committee outlined the legislative, judicial, administrative and other measures existing in New Zealand which gave effect to the provisions of the Convention and any changes or developments in these prior to January 1995. The framework outlined in these reports remains substantially in place. Where key legislative and regulatory developments have occurred, these are summarized below (the relevant article of the Convention against Torture is indicated) and outlined in detail in Part I of this report:

 

 (a) The passage into law of the Immigration Amendment Act 1999 (art. 3);

 

 (b) The passage into law of the Extradition Act 1999 (arts. 3 and 8);

 

 (c) The passage into law of the International Crimes and Criminal Court Act 2000 (arts. 4 and 5);

 

 (d) The 1998 amendment to the Mutual Assistance in Criminal Matters Act 1992 (art. 9);

 

 (e) The publication and review of Police Manuals of Best Practice 1997 onwards (arts. 10 and 11) and the review of Police General Instructions (art. 11);

 

 (f) The 1999 Amendment of the Penal Institutions Act 1954 and the passage into law of the Penal Institutions Regulations 2000 (art. 11);

 

 (g) The 1999 Amendment to the Mental Health (Compulsory Assessment and Treatment) Act 1992 (art. 11) and the publication of guidelines interpreting the Act in 2000;

 

 (h) The passage into law of the Children, Young Persons and their Families (Residential Care) Regulations 1996, and 2001 Amendment to the Children, Young Persons and their Families Act 1989 (art. 11); and

 

 (i) The passage into law of the Accident Insurance Act 1998 and the Injury Prevention, Rehabilitation and Compensation Act 2001 (art. 14).

 

6. In the period under review, no one has been convicted or charged with committing an act of torture in New Zealand as the term “torture” is defined in the Convention. As at April 2001 a police investigation was continuing into an allegation by a prisoner of assault by a prison officer in February 2001. At the time of writing there did not appear to be any evidence of a crime of torture or other cruel, inhuman or degrading treatment or punishment.

 

I. INFORMATION ON NEW MEASURES AND DEVELOPMENTS RELATING

 TO THE IMPLEMENTATION OF THE CONVENTION

 

7. The information supplied in New Zealand’s initial report still applies in full with reference to articles 2, 6, and 7.

 

Article 3

 

8. The passage of the Immigration Amendment Act in 1999 established a statutory basis for New Zealand’s refugee status determination system from 1 October 1999. While the essential features of the status determination system were not altered, the amendment ensures that the system is no longer vulnerable to legal challenge because of a lack of statutory foundation. The statutory determination system retains the two-step structure outlined in New Zealand’s second periodic report. Refugee status claims are assessed initially by refugee status officers of the New Zealand Immigration Service. Those claimants declined refugee status by the New Zealand Immigration Service may appeal to the independent Refugee Status Appeals Authority. Also as a result of the passage of this legislation, the Refugee Convention is now incorporated as a schedule to the Immigration Act 1987. The non-refoulement obligation of the Convention relating to the Status of Refugees is also incorporated in the statute. The operational instructions of the New Zealand Immigration Service also require the Service to take New Zealand’s obligations under international law (including the Convention against Torture) into account when determining whether to refuse entry or remove persons present in New Zealand unlawfully.

 

9. At the time the second periodic report was presented to the Committee, New Zealand reported that the United Nations High Commissioner for Refugees had recently established a permanent representative in New Zealand. Since his arrival in September 1997, the UNHCR Representative has been able to participate as a member of the Refugees Status Appeals Authority and has been frequently consulted by government departments on issues of policy. 

 

10. New Zealand’s second periodic report foreshadowed the passage of legislation simplifying the processes involved in arranging extradition between New Zealand and other countries. This legislation has now been passed. The Extradition Act 1999 (see also article 8 below) includes provision to prevent a person from being extradited where the Minister of Justice has substantial grounds for believing that the person would be in danger of being subjected to an act of torture in the country of extradition. If the possibility of torture is raised in an extradition case, New Zealand can take the opportunity to investigate and seek any undertakings or assurances as may be necessary. This ground for refusal of extradition is now included in any extradition treaty entered into by New Zealand.

 

Articles 4 and 5

 

11. In order to implement New Zealand’s obligations under the Rome Statute of the International Criminal Court, the International Crimes and International Criminal Court Act was passed in 2000.  This Act creates new offences of crimes against humanity and war crimes in New Zealand law. The offences reflect the wording of the Rome Statute and therefore contain express prohibitions on torture. The Act gives New Zealand courts universal jurisdiction over these crimes, allowing for prosecution in New Zealand regardless of where the offending might occur.  In recognition of the seriousness of such conduct, the new offences carry a maximum penalty of life imprisonment.  The new offences created by the Act have been in force since 1 October 2000.

 

Article 8

 

12. The Extradition Act 1999 rationalizes and simplifies extradition procedures and provides for extradition between New Zealand and any other country, Commonwealth or non-Commonwealth, without the need for an extradition treaty. The Act provides for extradition for “extradition offences”, defined under section 4 of the Act as an offence punishable by at least 12 months’ imprisonment in both the extraditing country and New Zealand. The offences listed in article 4 of the Convention are offences punishable in New Zealand under the Crimes of Torture Act 1989, the penalties for which are greater than 12 months’ imprisonment.

 

Article 9

 

13. The Mutual Assistance in Criminal Matters Act 1992 allows New Zealand to provide mutual assistance to other countries in criminal investigations and proceedings without any treaty or other formal arrangement.  In 1998 Parliament amended the Mutual Assistance Act to include an explicit reference to the Convention against Torture.  The amendment provides for assistance to be given to any State party to the Convention.

 

Article 10

 

Police officers

 

14. The New Zealand Police are currently in the process of compiling six major Manuals of Best Practice to cover virtually the entire gambit of practices and procedures for those tasks a police officer may be called upon to perform in the course of his or her duties. The manuals are substantive pieces of work compiled by very senior and experienced police officers and are used extensively during the training of both new recruits and those officers on advanced training courses. The Manual of Best Practice on Investigation Support, first published in 1997, contains specific reference to the Crimes of Torture Act in its chapters on interviewing people and on the use of force.  The police Manuals of Best Practice are available on-line to all officers and are continually updated.

 

Prison officers

 

15. The training of New Zealand corrections officers continues to undergo enhancement. All officers new to the Public Prisons Service currently receive training through the Corrections Officers’ Initial Basic Training Course. Part of that training is to become familiar with a number of relevant pieces of legislation, including the Crimes of Torture Act 1989. The current 5½ week course has been in place since the beginning of 2000, when it was amended to incorporate additional training and assessment requirements for the Level 3 National Certificate in Offender Management qualification.  An in-depth training and development review of the Public Prisons Service was carried out during 1999/2000. From this review six main projects have been identified for development and implementation, including an overhaul of the Corrections Officers’ Induction and Initial Basic Training Course and the implementation of a new training and development organizational structure.

 

16. At the time of the presentation of New Zealand’s second periodic report considerable changes to the prison officer recruitment process were also signalled. Greater emphasis is now placed on ensuring that applicants display appropriate competencies such as good communication skills, controlled demeanour and the ability to work under pressure. The use of psychological profiling has also been introduced in an attempt to assist in the identification of unsuitable applicants.  In addition, a criminal convictions policy has been implemented.  This means that any applicant who has been convicted of a crime involving dishonesty, violence, drugs or sexual offending within 20 years, or who has been held in prison, is declined. One or more drink driving convictions within the past 10 years also excludes applicants, as does a series of minor offending.

 

Defence forces

 

17. The New Zealand Defence Force (NZDF) has an advanced Law of Armed Conflict (LOAC) training programme which trains all armed forces personnel to respect relevant principles and practices derived from treaty law and customary international law. This programme includes substantial elements on the prohibition against torture. The Chief of Defence Force requires every member of the armed forces to attend this training.  In addition to a routine programme of instruction, refresher lectures are provided for personnel deploying overseas on peace support operations. NZDF is also actively involved in dissemination of material on LOAC to foreign armed forces students studying in New Zealand. In addition, NZDF is undertaking a major rewrite of its Law of Armed Conflict Manual which will, amongst other things, deal in considerable depth with the prohibition against torture.

 

18. In May 2000 the Chief of Defence Force issued a Code of Conduct card for armed forces personnel. The card states, amongst other things, that a member of the armed forces will not abuse, torture or kill prisoners of war, detainees or civilians.

 

Article 11

 

Police

 

19. Police General Instructions are internal rules that guide police behaviour and practices.  A wilful breach of a General Instruction is a disciplinary offence under regulation 9 of the Police Regulations 1992.  Since New Zealand’s second periodic report under the Convention, the Police General Instructions have been reviewed to include a specific requirement in General Instruction SO92 for police officers to be at all times fully conversant and comply with, inter alia, the Crimes of Torture Act. SO92 was last reviewed on 1 June 1999 when it was published on the New Zealand Police on-line database. 

 

Mental health

 

20. New Zealand’s second periodic report discussed the system established by the Mental Health (Compulsory Assessment and Treatment) Act 1992 for assessing and treating patients held involuntarily because of mental disorder, and for the regular review of their condition and legal status. The Act was amended in 1999 to provide, inter alia, enhanced patient protection and patient rights. This included extending the Act’s coverage to “proposed patients”, i.e. those persons who are undergoing assessment to determine whether they are mentally disordered within the meaning of the Act, as well as the provision of more information to the families of persons in care. The production in 2000 of revised guidelines to the Act has clarified areas where misinterpretation of definitions and processes could occur and also set out in detail the roles and functions of various statutory appointees under the Act.

 

21. More generally, a major ministerial inquiry (known as the Mason Inquiry) was undertaken into certain mental health services and reported in May 1996. The result was greater financial investment in mental health and the establishment of an independent monitoring body known as the Mental Health Commission. The Commission is responsible for ensuring the implementation of the National Mental Health Strategy (launched in 1994) by monitoring and reporting on the performance of key agencies in the health sector. It also works to promote public understanding of mental illness and to eliminate discrimination against the mentally ill.  In 1997 National Mental Health Standards were introduced to upgrade the quality of mental health services and ensure consistency of service delivery.  Since 1997, these standards have been reviewed and approved by the Minister of Health under the Health and Disability Services (Safety) Act 2001.  Eight of the 10 psychiatric hospitals in New Zealand have been completely closed and the remaining 2 hospital sites have been downsized and largely rebuilt. Mental health services are now provided from community settings, mental health units on general hospital sites and from regional, purpose built forensic mental health units.

 

Health and disability

 

22. New Zealand’s second periodic report signalled the creation of a Code of Health and Disability Services Consumers’ Rights.  This Code has since been established by the Health and Disability Commissioner and came into force on 1 July 1996. The Code includes the right to appropriate standards of service and the principles of informed consent to medical treatment.  Any act of torture or other cruel, inhuman or degrading treatment that would occur during the provision of health or disability services would clearly constitute a breach of the Code. An independent network of patient advocates has also been established to promote the Code and to assist consumers in resolving complaints against health and disability service providers.

 

Penal institutions

 

23. On 1 July 1999 the Penal Institutions Act 1954 was amended to include specific limitations on the use of force. Consequently, the use of physical force is only permitted when an officer has reasonable grounds for believing that the use of such force is necessary for self-defence, defence of another, to protect the inmate from injury, to prevent an inmate damaging property, escaping or attempting to escape, or in the case of resistance to a lawful order. Restrictions on the use of force via physical holds are elaborated further in the new Penal Institutions Regulations which came into effect in 2000. Of significance are the requirements that staff members using physical holds must undergo training in their use annually, and that any inmate who has been so restrained must be examined by a registered health professional within three hours.  The Penal Institutions Regulations 2000 also contain a number of requirements, both general and specific, relating to prisoner health and welfare and humane treatment.

24. In the latter part of 2000 a general review of corrections law was launched with the aim of providing a more modern and consolidated legal framework for managing offenders in New Zealand.  At the time of writing the review was still in its initial stages and no changes to policy had been recommended.

 

Children and young persons

 

25. The Children, Young Persons and their Families (Residential Care) Regulations 1996 specifically prohibit torture, cruelty, and inhuman, humiliating or degrading discipline and treatment. The Regulations were reviewed in 1997 and the Children, Young Persons and their Families Act 1989 was subsequently amended in 2001 to provide an increased focus on children’s rights, as well as greater clarity with respect to specific practices.  Detailed practice guidelines have since been developed to reflect the obligations of the Residential Regulations, particularly with respect to search and seizure, punishment and discipline, and the use of force. 

A professional-quality audit procedure monitors the guidelines’ implementation, and there is an annual audit of the Residential Regulations and Search and Seizure provisions. The Code of Practice for Child Youth and Family Residences, completed in 2001, also provides overarching standards for staff practice drawing on both the domestic legislation and international instruments such as the Convention on the Rights of the Child.

 

Article 12

 

26. There were no allegations of acts of torture between 1 January 1995 and 1 January 2001, the review period for this report. Since then there has been one allegation by a prisoner of assault by a prison officer in February 2001. As at 20 April 2001 police inquiries into the incident were ongoing, but at the time of writing there did not appear to be any evidence of torture or other cruel, inhuman or degrading treatment or punishment.

 

Article 13

 

Police complaints authority

 

27. The Police Complaints Authority has responsibility to receive, and oversee investigations into, complaints relating to police misconduct. A review of the role of the Authority was carried out by the Honourable Sir Rodney Gallen during the latter half of 2000.  While the review did not make any recommendations with respect to complaints procedures per se, the review did make a number of recommendations to enhance the expertise of the Authority, building on its existing structure and capacity. As a result the Government has decided that the Authority should no longer consist of one person, but three - a Chair who holds or has held judicial office and two deputies; that the Authority should be renamed the Independent Police Complaints Authority; and, most significantly, that the Authority should have its own investigative capacity, independent of the police. The Authority will have discretion as to whether to investigate a complaint itself, or whether to refer the complaint to police investigators.

 

Penal institutions

 

28. The Logan Report was the result of the ministerial inquiry into Mangaroa Prison.  One of its key recommendations was that fair procedures to resolve allegations of misconduct be established. By the time New Zealand’s second periodic report was presented, improved grievance procedures were already in place to assist inmates in the resolution of any concerns. These have since been reflected in the Penal Institutions Regulations 2000. There are four principal avenues for making complaints.  The first is an internal complaints process where inmates are encouraged to discuss matters of concern with the management within the prison. The second is to contact prison inspectors who, while staff of the Department of Corrections, report directly to the Chief Executive and are independent of individual prisons. While inspectors do encourage complaints to be resolved at the prison level before they become involved, there is no requirement for the prison process to be completed first and an inmate with concerns may contact an inspector at any time. A free telephone number was established in 1998 to allow inmates to have quick and easy contact with inspectors. The third avenue is to contact a visiting justice, who has the power to hear complaints and report to the Chief Executive on those complaints, or any other matters relating to prisons.

 

29. The fourth main avenue for complaints, established in response to a specific recommendation in the Logan Report and as an alternative to the creation of a separate Independent Prison Complaints Authority, is to contact the Ombudsman.  Since 1995 an inmate who is not comfortable or is dissatisfied with the internal process has been able to contact one of three specially recruited and trained investigative officers at the Office of the Ombudsman.  These officers visit the prisons at least nine times each year and are also available on demand when necessary.  A free telephone number is also available to facilitate direct contact with the Ombudsman. Inmates are provided with information explaining the jurisdiction of the Ombudsman and since 1995 complaints registered with the Ombudsman have numbered over 1,600 annually.  Such complaints cover a variety of matters but range from access to privileges, to physical conditions in prisons and prisoner treatment.  The Office of the Ombudsman must be notified of serious incidents which occur in prisons, such as a death in custody or allegations of assault. Any such instance is monitored by the investigative officers. The Ombudsman also has the power to investigate on his own initiative issues related to prison administration.  While the role of the Ombudsman in relation to penal institutions is currently elaborated only in a protocol between the Ombudsman’s Office and the Department of Corrections, the Corrections Law Review will consider whether it is appropriate for this to be enshrined in legislation. 

 

Children and young persons

 

30. The 1996 Children, Young Persons and their Families (Residential Care) Regulations set out the requirements for grievance processes in residences for children and young persons in secure care. The regulations require that all young people have the process explained to them when they take up residence, and that a copy of the procedure be prominently displayed. Any complaints must be dealt with in a time frame which is meaningful to the child or young person, and he/she must be kept fully informed of progress with their complaint. Residences are required to establish Independent Grievance Panels to which children and young persons may have access.  The panel members are responsible for investigating complaints from residents, and monitoring the grievance procedures including through ad hoc visits, sighting of complaints registers and interviews with residents and staff. Independent Grievance Panels report quarterly to the Commissioner for Children, the Chief Executive of the Department of Child, Youth and Family, and the principal Youth and Family Court judges.

 

Article 14

 

31. At the time of the presentation of the second periodic report New Zealand reported on the establishment in Auckland in 1995 and in Wellington in 1997 of centres called “Refugees as Survivors Centres” for the treatment of refugees who are victims of torture and trauma. These are funded by the Ministry of Health to provide mental health and counselling services to refugees. The aim of the centres is to assist the psychosocial resettlement of refugees and to raise community awareness of torture and resettlement issues relating to refugees.  Since their establishment, the services at the Auckland and Wellington centres have been used by 2,200 and 277 refugees respectively.

 

32. The Accident, Rehabilitation and Compensation Insurance Act 1992 has been replaced by the Accident Insurance Act, 1998. This Act (and associated amendments) provides compensation through the Accident Compensation Scheme, which is administered by the Accident Compensation Corporation (ACC). Under the Scheme, persons who suffer personal injury by accident (including torture) can obtain compensation for medical treatment, rehabilitation, and other forms of assistance.  The ACC Scheme also covers mental harm when it is the outcome of physical injury suffered by the person claiming assistance.  The Injury Prevention, Rehabilitation and Compensation Act 2001, which comes into force on 1 April 2002, will replace the Accident Insurance Act, 1998. The new legislation will extend compensation entitlements to individuals who suffer significant impairment as a result of an injury.

 

33. At the time New Zealand’s second periodic report was written the police investigation into the 1993 events at Mangaroa Prison was still ongoing, but in presenting that report to the Committee New Zealand noted that the inquiry had subsequently been completed and, after reference to the Solicitor-General, it had been decided that no criminal prosecution would be undertaken. The four prisoners involved decided to pursue civil claims against the Attorney-General. On 6 September 2000 the Attorney-General issued a public apology to the four prison inmates involved and reported that their claims had been settled. The terms of the financial settlement are confidential.

 

Tokelau

 

34. Tokelau is currently developing a national government capacity to attend to matters beyond those properly undertaken by each of its three villages. This includes development of a new crime regulation code and related procedures. Offences tend to be of a minor nature, and are dealt with by lay judges, in cooperation with the local police officers, by way of reprimand, sentences of community service, or fines. There are no prisons, or other places of restricted movement, in Tokelau. When adopted the new code will be consistent with Tokelau’s obligations under international law concerning human rights issues. It must also be stressed that there has been close consultation with Tokelau elders to ensure that the code reflects Tokelauan needs, is consistent with Tokelauan custom, and is determined by what is appropriate for Tokelau. A planned handbook setting out standards for the conduct of judicial and law enforcement officers will include specific reference to the prohibition against torture. Meanwhile, the absence of prisons and the currently imposed penalties (small fines and community work of a constructive nature) underline that torture is not a feature of government or community behaviour.

 

II. ADDITIONAL INFORMATION REQUESTED BY THE COMMITTEE

 

35. The additional information requested by the Committee during the consideration of New Zealand’s second periodic report was in large part provided during the discussion of that report. At that time, information on the specific forms of post-traumatic stress disorders among refugees was not readily available. This continues to be the case as the way that patient information is collected and collated means that we are unable to provide data on those refugees suffering from post-traumatic stress specifically as a result of torture.

 

36. New Zealand provided information on the provisions of the Mental Health Act (compulsory assessment and treatment) which relate to the use of Electro-convulsive Therapy (ECT), and reported that the Clinical Memorandum of the Royal Australian and New Zealand College of Psychiatrists on ECT was under review. This review has been completed and the memorandum (No. 12) was most recently amended in April 1999.

 

37. In discussion of New Zealand’s second periodic report the Committee suggested that there should be training for general medical personnel (rather than just those working in mental health) on the prohibition against torture. While there is currently no legislative requirement that such training be included in the curriculum for medical practitioners, the prohibition against torture has been covered in professional development courses available via the Wellington Clinical School of Medicine.

 

III. COMPLIANCE WITH THE COMMITTEE’S  CONCLUSIONS AND RECOMMENDATIONS

 

38. At the conclusion of its consideration of New Zealand’s second periodic report the Committee made three recommendations. The first two related to the investigation of the events at Mangaroa Prison and the need for related improvements in the supervision of prisons. In subsequent correspondence with the Committee (see CAT/C/SR.334) it was agreed that the actions recommended by the Committee had in fact already been taken by New Zealand at the time the second report was presented. The Committee accordingly agreed to express regret for the factual inaccuracies in its concluding observations.

 

39. The third recommendation related to the need to simplify New Zealand’s extradition procedure to allow for relevant relations to be established with non-Commonwealth countries. As noted in Part I of this report, the relevant legislation, the Extradition Act, was passed into law in 1999.

List of annexes

 

1. Immigration Amendment Act 1999;

 

 Excerpts from New Zealand Immigration Service Operational Manual.

 

2. Extradition Act 1999.

 

3. International Crimes and Criminal Court Act 2000.

 

4. Mutual Assistance in Criminal Matters Act 1992 and 1998 Amendment.

 

5. Excerpts from Police Manuals of Best Practice and Police General Instructions;

 

 Gallen Review of the Police Complaints Authority, October 2000.

 

6. Penal Institutions Act 1954 and 1999 Amendment;

 

 Penal Institutions Regulations 2000;

 

 National Certificate in Offender Management (NZ Qualifications Authority,

October 2000);

 

 Ministerial Inquiry into Management Practices at Mangaroa Prison (Logan Report),

July 1993;

 

 Protocol between the Department of Corrections and Ombudsman’s Office,

October 2000.

 

7. Mental Health (Compulsory Assessment and Treatment) Act 1992 and 1999

Amendment;

 

 Guidelines to the Mental Health (Compulsory Assessment and Treatment) Act 1992,

published 1 April 2000;

 

 Inquiry under Section 47 of the Health and Disability Services Act 1993 in Respect of

Certain Mental Health Services: Report of the Ministerial Inquiry (Mason Report), May 1996;

 

 Looking forward: Strategic Directions for the Mental Health Services, June 1994;

 

 National Mental Health Plans for More and Better Services, July 1997.

 

8. Children, Young Persons and their Families Act 1989 and 2001 Amendment;

 

 Children, Young Persons and their Families (Residential Care) Regulations 1996;

 

 Code of Practice for Child Youth and Family Residences 2001.

 

9. Accident Insurance Act 1998;

 

 Injury Prevention, Rehabilitation and Compensation Act 2001.

 

10. Excerpts from New Zealand Defence Force Law of Armed Conflict Manual;

 

New Zealand Defence Force Order 04/2000 Law of Armed Conflict Training, Dissemination and Instruction;

 

 Code of Conduct card for Armed Forces Personnel of the New Zealand Defence Force.

 

11. Code of Health and Disability Services Consumers’ Rights 1996.

 

12. Clinical Memorandum No. 12 of the Royal Australian and New Zealand College of

 Psychiatrists on Electro-convulsive Therapy, March 2000.

 

 

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