Related Rule
New Zealand
Practice Relating to Rule 90. Torture and Cruel, Inhuman or Degrading Treatment
New Zealand’s Military Manual (1992) provides, regarding the punishment of prisoners of war, that “cruelty and torture are forbidden”. 
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 931.2.
The manual further provides with regard to internees: “In no case shall disciplinary penalties be inhuman, [or] brutal”. 
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 1129.2.
The manual restates Article 75(2) of the 1977 Additional Protocol I. 
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 1137.2.
The manual further stipulates, regarding civilians, that the 1949 Geneva Convention IV prohibits the parties from “taking any measure of such character as to cause the physical suffering … of protected persons in their hands”, including torture. 
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 1321.4.
According to the manual, “torture or inhuman treatment of protected persons” is a grave breach of the 1949 Geneva Conventions I and II. 
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 1702.1.
With regard to non-international armed conflicts, the manual restates the prohibition of torture and cruel treatment contained in common Article 3 of the 1949 Geneva Conventions. 
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 1807.1; see also § 1812.1.
New Zealand’s Geneva Conventions Act (1958), as amended in 1987, provides: “Any person who in New Zealand or elsewhere commits, or aids or abets or procures the commission by another person of, a grave breach of any of the [1949 Geneva] Conventions … is guilty of an indictable offence.” 
New Zealand, Geneva Conventions Act, 1958, as amended in 1987, Section 3(1).
New Zealand’s Crimes of Torture Act (1989), as amended to 2007, states:
Acts of torture
(1) Every person is liable upon conviction on indictment to imprisonment for a term not exceeding 14 years who, being a person to whom this section applies or acting at the instigation or with the consent or acquiescence of such a person, whether in or outside New Zealand,—
(a) Commits an act of torture; or
(b) Does or omits an act for the purpose of aiding any person to commit an act of torture; or
(c) Abets any person in the commission of an act of torture; or
(d) Incites, counsels, or procures any person to commit an act of torture.
(2) Every person is liable upon conviction on indictment to imprisonment for a term not exceeding 10 years who, being a person to whom this section applies or acting at the instigation or with the consent or acquiescence of such a person, whether in or outside New Zealand,—
(a) Attempts to commit an act of torture; or
(b) Conspires with any other person to commit an act of torture; or
(c) Is an accessory after the fact to an act of torture.
(3) This section applies to any person who is a public official or who is acting in an official capacity. 
New Zealand, Crimes of Torture Act, 1989, as amended to 2007, § 3.
Under New Zealand’s International Crimes and ICC Act (2000), genocide includes the crimes defined in Article 6(b) of the 1998 ICC Statute, crimes against humanity include the crimes defined in Article 7(1)(f) of the 1998 ICC Statute and war crimes include the crimes defined in Article 8(2)(a)(ii), (b)(xxi) and (c)(i) and (ii) of the 1998 ICC Statute. 
New Zealand, International Crimes and ICC Act, 2000, Sections 9(2), 10(2) and 11(2).
New Zealand’s Crimes of Torture Act (1989), as amended to 2007, states:
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. 
New Zealand, Crimes of Torture Act, 1989, as amended to 2007, § 2.