Constitutional Provisions

Under the 1974 Niue Constitution Act, Niue became a self-governing state in free association with New Zealand and Niueans are all New Zealand citizens. The 1974 Constitution is the supreme law of Niue.S. 4, 1974 Niue Constitution Act.The Constitution does not guarantee the protection of human rights or refer to the role of the Niue Police.

Treaty Adherence

Global Treaties

Adherence to Selected Human Rights Treaties
1966 Covenant on Civil and Political Rights (ICCPR)* State Party
ICCPR Optional Protocol 1 Not party
1984 Convention against Torture (CAT) Not party
Competence of CAT Committee to receive individual complaints N/A
CAT Optional Protocol 1 N/A

* Niue is reportedly bound by human rights treaties to which New Zealand had adhered by 1988.

Adherence to International Criminal Law Treaties
1998 Rome Statute of the International Criminal Court Not party

Regional Treaties

There is not yet a regional human rights treaty to which Pacific nations can adhere despite discussions going back decades as to the possibility of establishing a regional mechanism.

National Legislation

Police Use of Force

Under the 1966 Niue Act, a police officer may use reasonable force to effect a search.S. 284(3), 1966 Niue Act.There is no legislation dedicated to regulating the use of force by law enforcement personnel.

Police Oversight

There is no external independent police oversight body in Niue.

Caselaw

Global

In its 2013 Concluding Observations on Niue, the Committee on the Rights of the Child, while noting that the number of juvenile crimes and juvenile offenders was very small and that community-based rehabilitation programmes are often employed when young offenders are involved, remained deeply concerned that:

police officers are not given proper training to effectively deal with juvenile offenders and child victims in a child-sensitive manner.

Regional

There is no regional human rights mechanism governing acts by law enforcement agencies in Niue.

Downloads

1974 Constitution Act

1966 Niue Act

Committee on the Rights of the Child Concluding Observations on Niue (2013)