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Asked by
Ingrid Leary
Member for Taieri · Labour Party
Questions
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35703
Question published
Is he concerned, given the finding on Lake Alice Hospital by the United Nations Committee Against Torture, that New Zealand had breached the Convention for failing to properly investigate under Article 12 of the Convention, that NZ will again be in breach of the UN Committee Against Torture for failing to properly investigate Wakari Hospital Ward 10A?
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36002
Question published
Is he concerned that New Zealand could be in breach of domestic and international law, for Police failing to formally and independently investigate Wakari Hospital Ward 10A, given that the Ombudsman carried out his investigation into Ward 10A, under the Crimes of Torture Act, the United Nations Convention Against Torture, which triggers legal requirements for Police to investigate, and given that the Ombudsman has said torture probably occurred at Ward 10A?
Original response/referral lodged:
Answered by
Hon Paul Goldsmith
List MP · National Party · Minister of Justice
Answer
The Ombudsman carried out an inspection of Wakari Hospital Ward 10A in its role as the National Preventive Mechanism under the Crimes of Torture Act 1989 and the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. It is appropriate for the responsible agency to respond to concerns raised by the National Preventive Mechanism in the first instance. I understand that the Ministry of Health has responded swiftly to the Ombudsman’s concerns by commissioning an independent inquiry. As the investigation is ongoing, it would be inappropriate for me to comment any further at this point.