UN Subcommittee on Prevention of Torture visits New Zealand and urges action over its rising prison population

This is a joint media statement issued by the independent statutory bodies: Te Kāhui Tika Tangata Human Rights Commission, Office of the Ombudsman, Independent Police Conduct Authority, Mana Mokopuna - Children’s Commissioner, and the Inspector of Service Penal Establishments.

Experts from the UN Subcommittee on Prevention of Torture (SPT) have completed their second visit to Aotearoa New Zealand. The SPT delegation is made up of independent human rights experts from around the world who volunteer their time and expertise.

Between 13 – 25 September, the delegation carried out unannounced visits to a range of facilities where people are deprived of their liberty, including prisons, police stations, youth justice and care and protection residences, as well as care homes for the elderly. During the visit, the experts examined the conditions and treatment of people in detention, talked to government, the National Preventive Mechanism (NPM), tangata whenua, and domestic experts and stakeholders.

The NPM is made up of five independent New Zealand organisations tasked with advancing the prevention of torture, who welcomed the visit from the SPT and recognised the need for New Zealand to do more to keep detained people safe.

“It’s crucial that the New Zealand Government addresses the concerns raised by the SPT. As the NPM, we remain steadfastly committed to preventing torture and harm in places where children and adults are deprived of their liberty throughout Aotearoa New Zealand, through our prevention work under the Optional Protocol to the Convention Against Torture,” said an NPM spokesperson, Dr Claire Achmad (Children’s Commissioner).

“The NPM welcomes the Subcommittee’s end of visit observations, including concerns raised around the high numbers of people held on remand in prisons and youth justice facilities, and the human rights impacts this has on access to justice through the courts system. We agree with the Subcommittee that it is unjust that time served on remand by children and young people does not count towards their sentence, and we advocate for this to change,” says Dr Achmad.

Following the September 2025 visit, the delegation urged New Zealand to reduce its rising prison population and take better advantage of its NPM as an independent monitoring mechanism by adequately funding it and implementing the SPT’s recommendations - in particular, strengthening the coordination role of the Human Rights Commission and providing ringfenced budget lines for NPM activities.

The SPT previously visited New Zealand in 2013, where they also expressed concern over the NPM’s lack of resourcing to carry out its international obligations.

“Prison population forecasts in New Zealand over the next ten years paint a concerning picture. At present, forward planning appears to focus primarily on building new prison facilities rather than expanding the use of alternatives to detention,” said Aisha Shujune Muhammad, head of the SPT delegation, in a statement. “We are particularly concerned about the potential impact on Māori and Pasifika communities, who are already disproportionately represented in the prison population.”

The official observations and recommendations of the SPT relating to all places of detention will be set out in a report that is passed to the government, which the government will decide whether to make public. The NPM will be closely monitoring the government’s response to the recommendations and urges the Government to publish the Subcommittee’s report and recommendations as soon as possible after they are received.

The NPM is made up of the following independent statutory bodies: Te Kāhui Tika Tangata Human Rights Commission, Office of the Ombudsman, Independent Police Conduct Authority, Mana Mokopuna Children’s Commissioner, and the Inspector of Service Penal Establishments.

In 2007, the New Zealand Government signed the Optional Protocol to the Convention against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment (OPCAT). Under its OPCAT obligations, New Zealand set up and must maintain a National Preventive Mechanism (NPM), to monitor and give access to places where people are, or may be, deprived of liberty. The New Zealand NPM is one of the oldest among State parties throughout the world, and one of only a handful in the Asia Pacific region.

Te Kahui Tika Tangata Human Rights Commission is the main coordinating body. Annual reporting of the NPM’s activities can be found here. The 2013 report of the SPT can be read here.

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