Crimes of Torture Act 1989

  • not the latest version
2 Interpretation
  • (1) In this Act, unless the context otherwise requires,—

    act of torture means any act or omission by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person—

    • (a) for such purposes as—

      • (i) obtaining from that person or some other person information or a confession; or

      • (ii) punishing that person for any act or omission for which that person or some other person is responsible or is suspected of being responsible; or

      • (iii) intimidating or coercing that person or some other person; or

    • (b) for any reason based on discrimination of any kind;—

    but does not include any act or omission arising only from, or inherent in, or incidental to, any lawful sanctions that are not inconsistent with the Articles of the International Covenant on Civil and Political Rights

    the Convention means the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, adopted by the General Assembly of the United Nations on 10 December 1984, a copy of the English text of which is set out in Schedule 1

    conviction on indictment has the same meaning as in section 3 of the Crimes Act 1961

    New Zealand includes all waters within the outer limits of the territorial sea of New Zealand (as defined by section 3 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977)

    public official means—

    • (a) any person in the service of Her Majesty in right of New Zealand, including—

      • (i) a member of any of the Armed Forces of New Zealand; and

      • (ii) a judicial officer and a law enforcement officer within the meaning of Part 6 of the Crimes Act 1961; and

      • (iv) a member and an employee of any local authority or public body; and

    • (b) any person who may exercise any power, pursuant to any law in force in a foreign state, that would be exercised in New Zealand by any person described in paragraph (a).

    (2) Unless the context otherwise requires, an expression that is used both in this Act and in the Convention has, in this Act, the same meaning as it has in the Convention.

    Section 2(1) the Convention: amended, on 5 December 2006, by section 5 of the Crimes of Torture Amendment Act 2006 (2006 No 68).

    Section 2(1) Fugitive Offenders Act 1881: repealed, on 1 September 1999, by section 111 of the Extradition Act 1999 (1999 No 55).

    Section 2(1) New Zealand: amended, on 1 August 1996, pursuant to section 5(4) of the Territorial Sea and Exclusive Economic Zone Amendment Act 1996 (1996 No 74).

    Section 2(1) public official paragraph (a)(iii): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

    Section 2(1) public official paragraph (a)(iiia): inserted, on 1 March 1995, by section 31 of the Penal Institutions Amendment Act 1994 (1994 No 120).

    Section 2(1) public official paragraph (a)(iiia): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).