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Calls have been made for New Zealand Cricket to address concerns about sexism and sexual violence, following Scott Kuggeleijn playing for the Black Caps last week.
Background information
In 2016, Kuggeleijn, 24, was tried for the rape of a 20 year old woman. This resulted in a hung jury; in a retrial in 2017 he was not convicted. However attention has ben drawn to the testimony of the complainant, behaviours Kuggeleijn himself described in court and arguments made by his defence.
In court Kuggeleijn said "I tried [having sex] twice, like she might have said 'no, no' a few times but it wasn't dozens of times."
A witness testified Kuggeleijn said the next day "he had been trying for a while and that he had finally cracked it.”
The next day he texted an apology which was later read out in court: "I heard you felt you couldn't say no and were pressured into things. It's pretty chilling to hear and think of myself in that kind of light, but looking back I was pretty persistent. I'm so so sorry and it has made me think about a few things. I hope you are OK and I'm sorry for the harm mentally I have caused you."
Statements from cricket bodies
After the second trial in 2017, media reported the Northern Districts Cricket Association, released a statement with chief executive Peter Roach saying his organisation fully respected the court process and the decision handed down. He said, "This has been a terribly difficult situation for all concerned. Northern Districts is an organisation which embraces inclusivity and promotes respect towards women. As such, the charges against Scott were a grave concern."
Kuggeleijn was nearly selected for the national team a month after the second trial. Media reported a New Zealand selector said he had been impressed with the 25-year-old's composure during the court proceedings: "One thing I will say, I've been incredibly impressed with Scott and the way he has handled himself, on and off the park, with all that's gone on. He's a resilient man and, [if selected] I think he'll do the job and will be focused."
In October 2017, The New Zealand Cricket Player's Association (NZCPA) updated their player's handbook to include notes on issues including affirmative sexual consent. NZ Herald reported NZCPA chief executive Heath Mills said "the decision to include the material in the updated handbook was not made because of issues within the organisation, or as a reaction to any case in particular."
NZ Herald reported that New Zealand Cricket chief executive David White said they "respected the court process and [were] not in the business of relitigating past events". He said that "would be manifestly unfair on all parties involved. [The court is] the most appropriate forum for judging matters as serious as this." Newshub's The Project reported a similar statement was issued to them in January 2019.
Calls for NZ Cricket to respond to concerns
In her blog Sexual Politics Now, University of Auckland Psychology Professor Nicola Gavey writes:
"In the wake of MeToo, this [NZ Cricket's] position seems strikingly tone deaf to wide global concerns about sexism, sexual harassment and sexual violence. We see the interconnections. We know that the criminal justice process is a blunt instrument. And that a not guilty verdict does not mean there is nothing to account for. No-one is asking for 'relitigation'. But doing nothing is not a neutral position."
Professor Gavey called the "high profile silence" a "de facto minimization of sexual violence," writing:
"I’m not saying that Kuggeleijn should never represent his country, or that he can never rise above this. But when a man represents New Zealand in a high profile sport like cricket or rugby he is automatically elevated to a position of unique status and potential influence in New Zealand society. And for that reason, the position carries a reasonable burden of expectation for decent behaviour. And an expectation of public accountability when he falls short.
New Zealand Cricket has a responsibility to approach their team selections with this bigger picture in view. It now has a choice to make. Does it act the dinosaur with its head in the sand, putting winning the game ahead of doing the right thing? Or, does it take a bold and socially responsible stance, stepping up to address the issue head on, acknowledging that even though Kuggeleijn was not convicted, what we’ve seen and heard about his behaviour and attitudes toward women doesn’t live up to modern standards expected by socially responsible organisations and employers?
... The second path comes with challenges for an elite sporting body. But it is the route that we now expect from organisations facing sexual violence within their ranks. It involves facing up and proactively countering any hint that it condones such behaviour. It might end up meaning that it is not the right time for Kuggeleijn to put on the black cap. More work needs to be done to explicitly distance the organisation and the team from the kinds of values he has embodied. And they need to front up to the public to explain how they are working with him and the team to dissociate from that kind of ‘toxic masculinity’.
But the second path also represents an opportunity. A chance to show leadership and model positive values affirming gender equality and nonviolence. The importance of transforming harmful gender norms is where the future lies in preventing gender-based violence – according to international bodies like the United Nations, the World Health Organisation, and local organisations like White Ribbon."
Similarly, Spinoff guest writer Jessie Dennis writes:
"No one is arguing that any man who ever commits any act of violence be forever shunned from society. But the alternative is not silence. New Zealand Cricket must step up and explain what makes them now confident that Kuggeleijn has significantly worked on his attitudes and behaviour towards women. If he hasn’t, he shouldn’t be in the team. And whether he is or isn’t, they should show the work they are doing to educate all their players on issues of consent."
In an opinion piece, Stuff journalist Michelle Duff writes,
"A not-guilty verdict does not mean Kuggeleijn did nothing wrong. It was a lost opportunity for New Zealand Cricket to remind its players, and the country at large, about the importance of respect for women, about how utterly unacceptable it should be for anyone representing the nation to behave in any less than an exemplary manner."
Host of Newshub's The Project Kanoa Lloyd said:
"So, I'm talking to you NZ Cricket: Kiwis listen to you. Our sons and daughters listen to you. You've got a responsibility to help lead the way. I think you've dropped the ball here; silence may have been an option in the past, but it's not okay in 2019. We've saved a seat for you: the chair right next to me in The Project studio. I'd love you to come here and tell us what we should tell our kids about why Scott is representing our national team. Tell us what you guys are doing to face up to the stuff he got wrong."
A petition has been started on ActionStation, calling for NZ Cricket to "only select Black Caps that every New Zealander can feel proud to be represented by. Scott Kuggeleijn's description of his own behaviour does not meet these standards - or the Players Association standards for sexual relationships. ... NZ Cricket must demonstrate they care about ethical integrity and respect for women by developing processes to ensure those who play for New Zealand will not embarrass us."
Related research and reports
The justice response to victims of sexual violence: Criminal trials and alternative processes
Wellington: Law Commission | Te Aka Matua o Te Ture, 2015
From "real rape" to real justice: Prosecuting rape in New Zealand
McDonald, Elisabeth | Tinsley, Yvette
Wellington: Victoria University Press, 2011
Related media
How to prevent sexual violence through and in sport, Radio NZ, 27.02.2019
NZ Cricket's silence on Scott Kuggeleijn just another head in the sand, Radio NZ, 14.02.2019
How the wording of our sexual assault laws is making it harder to convict, The Spinoff, 12.02.2019
When will it be OK to cheer for Scott Kuggeleijn?, Newsroom, 12.02.2019
Martin Devlin: 'I have missed the mark', Stuff, 11.02.2019
Radio Sport apologises over Martin Devlin's cricket banner comments, NZ Herald, 11.02.2019
What did the juries hear in the Scott Kuggeleijn case?, NZ Herald, 11.02.2019
NZ Cricket should stop protecting Black Cap Scott Kuggeleijn, Stuff, 08.02.2019
NZ Cricket, Westpac Stadium apologise to rape protester, Radio NZ, 07.02.2019
New Zealand Cricket confident it has handled Scott Kuggeleijn case well, Stuff, 23.01.2019
Petition to condemn sexual violence to be sent to NZ Cricket, Stuff, 22.01.2019
Alison Mau: Time's up; it's not safe for juries to decide on sex crimes, Stuff, 20.01.2019
In December 2018, the members of the newly formed Māori advisory group Te Rōpū were announced and the group had its first meeting.
Te Rōpū is the interim Māori advisory group for the Government’s joint venture on family violence and sexual violence.
The 10 members of the group are:
Prue Kapua is the Chair. Ms Kapua is a lawyer specialising in family law, human rights, race relations, and Treaty of Waitangi issues with a predominantly Māori client base. She is currently National President of the Māori Women’s Welfare League and Co-chair of the Oranga Tamariki Māori Design Group.
Ruahine (Roni) Albert (Waikato Maniapoto, Tūwharetoa) is an advocate for social justice and has worked at the local, national and international level to improve government and community services for family violence survivors. Roni is one of the co-founders of Te Whakaruruhau Waikato Women’s Refuge, the first Māori women’s refuge created under the National Collective of Independent Womens Refuges in 1986 and now independent from the National Collective.
Ngaropi Cameron is a registered nurse and counsellor and a senior family violence facilitator, educator and whānau practitioner. She is a foundation member and Director of Tū Tama Wāhine o Taranaki, a tangata whenua development and liberation organisation.
Ange Chaney (Ngāti Hine) is the Manager of Te Whare Rokiroki Māori Women’s Refuge and a member of the Te Taumata o Te Kowhai Core Group (the governance board) for the National Collective of Independent Women’s Refuges.
Paora Crawford Moyle (Ngāti Porou) is a Social Work Lecturer at NorthTec School of Social Services, a supervisor for women’s refuge workers and a counsellor and advocate for state care survivors. Paora is a survivor of state care and adult intimate partner abuse and is currently writing a PhD on child care and protection, whakapapa trauma and state care survivor resilience. Paora also brings transgender/takataapui lived experience.
Te Owai Gemmell (Te Whakatōhea, Te Whānau ā Apanui, Ngā Ruahinerangi) is a lecturer at Toi Ohomai Institute of Technology, a sexual violence specialist and long-time member of Ngā Kaitiaki Mauri, the Māori caucus of Te Ohaakii a Hine - National Network Ending Sexual Violence Together (TOAH-HNEST).
Roku Mihinui is an independent consultant and director with experience in governance and in stopping family violence. Roku is Chair of the Ministry of Social Development’s E Tū Whānau Māori Reference Group and a member of Oranga Tamariki Māori Design Group.
Susan Ngawati Osborne (Ngāti Hine) is an educational consultant/trainer in Te Ara Whakamana: Mana Enhancement and a kaupapa Māori practitioner in sexual and family violence. Susan is an Executive│Paetakawaenga member of Ngā Kaitiaki Mauri, the Māori caucus of TOAH-HNEST and a current Kaiwhakahaere for Tū Wahine Trust.
Russell Smith is a Co-founder and Co-Director of Korowai Tūmanako, a harmful sexual behaviour and sexual violence treatment, intervention and prevention service. Russell leads a clinical team providing therapeutic services for children, adolescents and adults demonstrating harmful sexual behaviour primarily against children. Russell is a Paetakawaenga member, Ngā Kaitiaki Mauri, TOAH-HNEST.
Sir Mark Solomon is a professional director and the former Chair of Te Rūnanga o Ngāi Tahu. He has spoken publicly on the impact of family violence and abuse and encouraged whānau to take action through a series of hui throughout the South Island and championed a stopping whānau violence programme called Tū Pono (Stand in Truth) in partnership with Te Pūtahitanga. Mark is currently Deputy Chair of Canterbury District Health Board.
A more detailed biography of all members is available with the Beehive press release.
Te Rōpū will work with government Ministers and the joint venture to develop the national strategy and action plan, and inform enduring arrangements for Māori involvement in the government’s work in this area. The Cabinet papers, including the Terms of Reference for Te Rōpū, are available on the Ministry of Justice website (see the Cabinet paper Leadership of Government’s collective efforts to reduce family violence and sexual violence, Appendix 4: Terms of Reference for interim Te Rōpū).
Under-Secretary to the Minister of Justice, Jan Logie said:
“Our work to stop family violence and sexual violence is critical, and needs Māori leadership. There are a few ways we can do that, and we didn’t want to make that decision unilaterally. That’s why this interim group has been appointed. We want people who are grounded in Māori communities and have a huge breadth of experience and knowledge of these issues to be making that call. We know that it’s imperative we learn from kaupapa Māori responses to violence, and unlock the solutions that are already out there, because they work."
In an interview with Waatea News, Chair Prue Kapua said the group is different from other committees as Te Rōpū will have the opportunity to make decisions and a commitment to carrying them through.
More information
For more information about the process to appoint members to Te Rōpū, see the November 2018 update from the Family and Sexual Violence Work Programme.
For more information about the Government's work on family and sexual violence, see our previous news story New government "joint venture" approach to addressing family and sexual violence.
Related news
Minister for Māori Crown Relations: Te Arawhiti, Kelvin Davis, has announced the launch of the Office for Māori Crown Relations – Te Arawhiti. Te Arawhiti will advise the Minister across a number of key areas, including:
- "ensuring the Crown meets its Treaty settlement commitments
- developing engagement, and the co-designing and partnering of models that will ensure other agencies generate better solutions across social, environmental, cultural and economic development
- ensuring public sector capability to work effectively with Māori is strengthened
- ensuring the engagement of public sector agencies with Māori is meaningful
- providing an independent, cross-government view on the health of Māori/Crown partnerships;
- providing strategic leadership and advice on contemporary Treaty issues;
- brokering solutions to challenging relationship issues with Māori; and
- coordinating significant Māori/Crown events on behalf of the Crown."
Selected media
Colonisation trauma linked to family violence - Report, Māori Television, 11.12.2018
Findings have been released following three processes set up to examine the appointment of the Deputy Commissioner of Police.
Wally Haumaha was appointed Deputy Commissioner of Police in May 2018. The recommendation was made in a paper to Cabinet from the State Services Commission.
Victim advocate Louise Nicholas had significant concerns about Wally Haumaha's appointment. She raised these with the Police Commissioner and other senior police when she learnt of the appointment and they were later reported in the media. Ms Nicholas referred to comments Haumaha had made during the 2004 Operation Austin investigation, which investigated her allegations of rape by then police officers Clint Rickards, Brad Shipton and Bob Schollum in the 1980s. Haumaha had close associations or friendships with Rickards, Shipton and Schollum when they worked together at Rotorua police station in the 1980s and 1990s and expressed support for them when interviewed as part of the investigation and at other times.
Separately, three women spoke to media about allegations of workplace bullying by Mr Haumaha in 2016.
As a result of these concerns, three investigations were conducted:
- The government initiated an inquiry into the process of appointing Wally Haumaha to the role
- The Independent Police Conduct Authority (IPCA) investigated the complaints of workplace bullying
- The State Services Commission reviewed the process of how the complaints of inappropriate workplace behaviour were handled by the Ministry of Justice and the Department of Corrections, the employers of the women who had raised issues with Mr Haumaha's workplace behaviour in 2016.
Government inquiry into process of appointment
Internal Affairs Minister Tracey Martin announced the Government Inquiry into the Appointment Process for a Deputy Commissioner of Police in July 2018. The Inquiry was administered by the Department of Internal Affairs (DIA) and initially led by Dr Pauline Kingi, however Dr Kingi stepped down after concerns were raised about a potential conflict of interest. Queen's Counsel Mary Scholtens completed the inquiry. The inquiry did not consider whether Wally Haumaha was a suitable candidate but rather the adequacy of the process that led to the appointment, specifically whether the State Services Commission had all relevant information and provided this information to the Prime Minister and Minister of Police.
The final report, Report of the Government Inquiry into the Appointment Process for a Deputy Commissioner of Police | Uiui Kāwanatanga mō te Tukanga Whakatū I tētaki Kaikōmihana Tuarua o Ngā Pirihimana, was released in November 2018. In her report Ms Scholtens concluded "... that the process was sound and that there was no available and relevant information omitted." (page 2) However she also noted:
"1.8 There were two important pieces of information that were not available to the process:
(a) the fact that Ms Nicholas continued to hold significant concerns about DC Haumaha; and
(b) the fact that there existed people who believed they had been bullied by DC Haumaha in 2016.
1.9 The significance of these facts is that they gave rise to a risk that Ms Nicholas and/or the people affected in 2016 might raise their concerns in public and, if they did, that this could have the effect of undermining the appointment. I refer to these as 'unknown unknowns'. I do not know how the process could be improved to ensure such facts are known." (page 3)
Ms Scholtens concluded the process was "adequate and fit for purpose." Terms of reference for the Inquiry, Cabinet papers, minutes and other documents are available on the DIA website.
IPCA investigation into bullying
Complaints were made by three women employed by the Ministry of Justice and Department of Corrections in 2016, related to Wally Haumaha's behaviour while working on a joint project.
An additional complaint was made by a Police employee in August 2018. He had been present during behaviour the complaints related to and Haumaha called him to ask for his support after the media began making inquiries.
The IPCA investigated and the Report on complaints about Deputy Commissioner Wallace Haumaha was published in December 2018.
IPCA concluded that Haumaha's behaviour related to allegations by the women was "inappropriate and unprofessional." In relation to Haumaha phoning another Police employee to ask for support, IPCA concluded Haumaha acted "improperly." IPCA noted that his behaviour towards the women in some incidents was "belittling and humiliating" and "intimidating." However, IPCA concluded that the behaviour did not constitute bullying:
"Based on the evidence it has received, the Authority has concluded, in respect of the first and second complaints, that some of DC Haumaha’s behaviour was inappropriate and unprofessional. However, while that behaviour was in many respects consistent with the common usage of the term ‘bullying’, it does not demonstrate the persistence implicit in the WorkSafe definition applicable to the workplace." (page 36)
A definition of workplace bullying is available from WorkSafe.
State Services Commission review into how complaints were handled
The State Services Commission (SSC) conducted a review of the process of how the Ministry of Justice and the Department of Corrections handled the bullying complaints made in 2016. The Terms of Reference state the process would be reviewed against new standards introduced in July 2017, Acting in the Spirit of Service: Speaking up.
The final report, Review of the Ministry of Justice and Department of Corrections handling of complaints regarding inappropriate workplace behaviour, was released in December 2018.
The report noted that the departments had multiple channels in place for raising concerns but the women who made complaints were not aware of the process, particularly in the context of a joint department project. The review concluded that the departments would not have met two of the three key elements of the model standards if they had applied at the relevant time. These were making sure processes are robust and keeping people safe.
The report notes that both departments have since done work to review their bullying and sexual harassment policies. Both Departments have provided an assurance that they have implemented the model standards. However there are some matters that still need to be addressed, so the report includes four recommendations. These relate to the specific challenges represented by cross-agency projects, the need for organisations to evaluate whether their changes are having the desired effect, and the importance of developing a plan for support as required by the model standards.
The report ends with the recommendation that the SSC update the model standards to address specific challenges that may arise in cross-agency work. The reviewers also recommended the SSC direct:
- "the chief executive of Justice to act on the findings of its internal audit [of the Ministry of Justice complaints process];
- the chief executive of Corrections to confirm that its programme to introduce new bullying and harassment policies includes an appropriate evaluation process; and
- the chief executives of both Departments to review their new and proposed policies, procedures and training in this area to ensure that there is compliance with the section of the model standards entitled Keeping People Safe - Plan for Support."
(page 16)
Response to findings from investigations
Following the release of the reports, based on the IPCA findings the Solicitor General advised the Prime Minister that "... there is not a clear and proper basis to support his [Haumaha's] removal." Prime Minister Jacinda Ardern accepted this advice saying:
"I’m very disappointed with the inappropriate behaviour attributed by the IPCA to Wally Haumaha, but the Solicitor General has advised that there is not a clear and proper basis to support his removal. I have already sought an assurance from the Police Minister that the Commissioner of Police follow up on the issues raised in the report and ensures this Government’s expectations are met. My expectation is the Police maintain the highest standards of professionalism and show respect both for the public and everyone working with them at all times."
The Minister of Police Stuart Nash, wrote to the Commissioner of Police Mike Bush, saying:
“I have asked the Commissioner of Police to advise me how he intends to respond to the findings of the IPCA report. The report did not make any recommendations but it is clear that a finding of improper and unprofessional behaviour requires follow up action."
The full letter is available with the Beehive press release. NZ Police accepted the findings. Newstalk ZB and Radio NZ interviewed Mike Bush.
NZ Herald reported the women who reported the bullying have spoken out wanting to know what action Police leadership will take following the IPCA findings. They said,
"The [IPCA] report describes Deputy Commissioner Haumaha's behaviour at work towards us and our colleagues as humiliating, intimidating, inappropriate, aggressive, unprofessional and belittling. None of these are words that should apply to anyone's experiences working in the public service, and it is even more concerning when these describe the behaviour of the second highest ranked police officer in the country.
... We know these matters are bigger than us and we want this opportunity to support other women and men to be safe at work. We need to be assured that the standards that are being promoted by the State Services Commission are being followed."
Other responses can be found in the media list below.
Selected media
After Haumaha and Maxwell, can bullying laws be fixed? Newsroom, 28.05.2019
Wally Haumaha will not apologise over 'improper and unprofessional' behaviour, Stuff, 06.04.2019
Corrections dismisses hundreds of harassment complaints as 'reasonable', Radio NZ, 09.02.2019
Minister sets Haumaha expectations, Waatea News, 21.12.2018
Corrections staffer faces action over Haumaha, Newsroom, 21.12.2018
Top cop Wally Haumaha keeps job, Newsroom, 20.12.2018
Deputy Commissioner Wally Haumaha apologises to Louise Nicholas for comments, NZ Herald, 29.06.2018
Statement from Deputy Commissioner Wally Haumaha, NZ Police press release, 29.06.2018
Police organisational culture, Beehive press release, 29.06.2018
The Ministry of Justice has published the first results from the New Zealand Crime and Victims Survey (NZCVS) 2018.
This was the first year for the new survey which will be run annually. It replaces the New Zealand Crime and Safety Survey (NZCASS) which was run every three to four years.
The NZCVS survey has various modules. The core module has a series of questions which will be repeated every year. There is also a 'revolving' module which will change each year, focusing on specific aspects of victimisation or types of crime. In 2018, the revolving module focused on family violence.
The report, NZ Crime and Victims Survey: Topline report: March – September 2018 (Cycle 1), summarises high level or 'topline' findings. These include:
- The extent and nature of crime and victimisation in New Zealand
- The extent and nature of crime that is reported or unreported to Police
- Information about victims of crime.
More than 8000 New Zealanders over 15 years of age were asked questions about crime they had experienced. Some findings include:
- Women (21%) were more likely than men (10%) to have experienced one or more incidents of partner violence in their lifetime
- Women (34%) were more likely than men (12%) to have experienced one or more incidents of sexual violence in their lifetime
- Māori (37%) were more likely to be victims of crime compared to the national average (29%)
- Less than a quarter (23%) of all crime was reported to the Police over the last 12 months.
Under violent interpersonal offences, the NZCVS asks about physical offences, sexual offences, threats and damage offences. The methodology report states “Some coercive & controlling behaviours are collected as part of the NZCVS however, these are collected differently from offences.” (p.90)
The Ministry of Justice notes that due to differences between the NZCVS and NZCASS, results cannot reliably be compared.
The main NZCVS report with additional findings will be published in the first quarter of 2019. A series of specialist reports will then be published, including a report specifically on family violence. The Ministry also intends to make anonymised data available for researchers to analyse.
Uses of survey results will include:
- Informing Hāpaitia to Oranga Tangata: The Safe and Effective Justice Programme
- Providing information for the Stats NZ’s living standards dashboard and to Treasury’s wellbeing network
- Potentially linking consented anonymised records with IDI data allowing wider analysis.
The survey has been funded for three consecutive years at $3 million in total for all the surveys.
Also available are:
- Ministry of Justice webpage on the NZCVS
- Infographic
- Methodology Report
- Media Release
- Frequently Asked Questions.
More information
For background information, see our previous news story Ministry of Justice launches new annual crime survey.
For questions about the purpose, results and use of the survey, contact the Ministry of Justice at NZCVS@justice.govt.nz.
For other sources of family violence data/statistics, see the Clearinghouse family violence statistics page.
Selected media
Survey reveals volume and nature of crimes committed in New Zealand last year, Radio NZ, 20.12.2018
In December 2018 Minister for Social Development, Carmel Sepuloni, announced proposed changes to the Social Workers Registration Legislation Bill.
The proposed changes are outlined in a Supplementary Order Paper (SOP). The SOP and other documents explaining the proposed changes are available on the Ministry of Social Development (MSD) website.
The Social Workers Registration Legislation Bill is an omnibus bill introduced in 2017 under the previous National Government. It proposes amendments to the Social Workers Registration Act 2003. This includes making registration mandatory for social workers, within two years of the changes becoming law.
The latest proposed changes are in response to consultation and the Select Committee's report.
The most significant proposed change introduces the provision for a "scope of practice" for social workers. This allows for a range of different roles to be identified as a social worker, independent of the exact title of role, taking into account the tasks being carried out.
Common questions and answers about the Social Workers Registration Legislation Bill provided by MSD note:
"A person is a social worker if they are registered under the Social Workers Registration Act under a scope of practice that specifies the social work services the social worker may do. An individual’s scope of practice sets out a social worker’s area of practice, competencies, responsibilities, necessary qualifications, and any conditions limiting their practice.
A registered social worker may only practise as a social worker if they have a practising certificate.
Whether or not a person will need to be registered as a social worker, or is entitled to be registered, will be determined if:
- they, or their position description, job title, or someone else (such as their employer) suggests they are practising as a social worker; and/or
- the qualifications claimed or implied as being needed by a person for their job as part of a profession are the same as required for a practising social worker.
Registration as a social worker does not solely arise from the tasks being performed by a person in a job, but whether they are practising as a social worker. Nor can an employer simply change a job title to avoid someone needing to be registered as a social worker.
As part of implementing the SWRL Bill, the Board [Social Workers Registration Board] will provide guidance that determines what positions, held by a registered social worker, come within the definition of social work and those that don’t."
Other proposed changes outlined in the Beehive press release include:
- "require employers to report allegations of serious misconduct by social workers
- promote ongoing professional development by social workers
- create additional safeguards relating to the power to obtain information about social workers and the offence of impersonating as a social worker
- provide greater flexibility for the Social Workers Registration Board to respond to situations affecting individual social workers"
The Social Workers Registration Legislation Bill is waiting for its Second Reading in Parliament. Following the Second Reading, the Minister for Social Development intends to propose the Supplementary Order Paper during the Committee of the Whole House discussion on the Bill, in early 2019.
Other documents that have been released about the proposed changes and bill include:
- Timing of commencement of changes to the Social Workers Registration Act 2003 by the Social Workers Registration Legislation Bill
- Cabinet paper (August 2018) - Social Workers Registration Legislation Bill: Additional policy decisions for inclusion in a Supplementary Order Paper
- Cabinet paper (December 2018) - Social Workers Registration Legislation Bill: Supplementary Order Paper approval for release
- Regulatory Impact Statement - Legislative changes to increase the professionalism of the social work workforce (revised July 2018)
For these documents, more information and ongoing updates see the Ministry of Social Development webpage on Social Worker Registration.
For background information and previous discussion on mandatory registration, see our previous story Submissions open on mandatory registration of social workers.
Selected media
The Clearinghouse will be closed for the holiday break from Thursday 20 December 2018. We will reopen on Monday 7 January 2019.
Last year the It's Not OK Campaign put out key messages to support people responding to family members who may be experiencing or using violence over the holidays.
These are below:
"Help your family be safer these holidays
- Discuss ways to make family visits, travelling or parties safer
- Make a plan to check in with anyone you're concerned about
- Name abusive behaviour that you don't like. Don't let booze or drugs be an excuse
- Keep an eye on children and what's going on around them
- Support someone to get space or time-out
- Take care of yourself"
The campaign also provides information about danger signs and how to help. This includes suggestions for what to say or do if you are concerned about someone.
Seeking help
Contact details for support services are provided on our website.
Look for the icon below on New Zealand websites: clicking on it opens a shielded site to allow family violence victims to find information online without leaving an online trail. It opens webpages with information about finding help, without the webpages appearing in a user's browser. Here is more information about the The Shielded Site Project.
Donations
Women's Refuge has partnered with Bunnings Warehouse this year and highlights the types of donations and gifts which are most useful for people to give to support Women's Refuge over the holiday period.
Many other organisations also accept donations.
Providing services
Each year, the US-based National Resource Centre on Domestic Violence (NRCDV) publishes a holiday toolbox. The guidance documents provide support around providing services for victims over the holiday period, such as cultural sensitivity, food-related needs of survivors, and responding to the wellness needs of staff.
New resources for victim/survivors of sexual violence
These new services and resources have been launched during the year:
Safe to talk - Kōrero mai, ka ora
24/7 Sexual harm helpline: 0800 044 334 or text 4334
Victims' Infomation (Ministry of Justice)
- Mā te hunga e pāngia ana e te koeretanga | For people affected by sexual violence
Sexual harassment - advice for workers (Worksafe)
We wish everyone a happy and safe holiday season. We look forward to working with you again in the new year.
From May to August 2018, the Social Investment Agency (SIA) ran a consultation on "investing for social wellbeing" and the protection and use of data.
The engagement process included 83 hui and two surveys with responses from a range of groups including service users, service providers and government agencies.
The SIA has published a final report: Findings of the ‘Your voice, your data, your say’ engagement on social wellbeing and the protection and use of data (2018). The SIA has also published a brief 2-page quick guide to the findings and a summary document, From listening to learning (2018) which explains the feedback process and analysis.
Five themes were identified from the overall analysis:
- Establish a different kind of relationship across the [social] sector
- Enable locally-led solutions to deliver services that work
- Develop funding and contracting models that promote innovative practice
- Build the skills, experience and capacity of the workforce to implement a wellbeing approach
- Ensure sharing data, information and insights is a two-way street for all those involved.
The report summarises findings from each main participant group: service users (including disabled people), regional service providers, Māori, Pacific peoples, and government and other national organisations.
Feedback and findings from the consultation will inform the Government's approach to investing in social wellbeing. The SIA timeline indicates that an approach to investing for social wellbeing will be presented to Cabinet in early 2019 and the final approach will be published in mid 2019.
The SIA will also use the findings in developing a Data Protection and Use Policy. This policy will be a "combination of principles, protocols, guidance, and potentially digital tools to enable everyone to easily understand what's appropriate, what's not, and how to do things safely when personal information has a role to play." In 2019, a draft policy will be presented to Cabinet and a public consultation will take place.
Background information
For more information about the consultation and wider government work in this area, see our previous news story Government consultation on use of data and social wellbeing strategy.
The previous National Government had announced a new requirement for social service providers to provide individual client level data to government in order to receive funding. In 2018, new Minister for Social Development Carmel Sepuloni announced that the Coalition Government would not continue with this plan.
Related news
The SIA is also developing a new approach to analyse the impact of social services on the wellbeing of New Zealanders. They have developed an approach and a model to measure wellbeing, consistent with the model proposed by the Treasury to measure wellbeing within the Living Standards Framework. The approach is explained in the working paper, Are we making a difference in the lives of New Zealanders – how will we know? A wellbeing measurement approach for investing for social wellbeing in New Zealand (2018). SIA is still refining the approach but have applied it to social housing using Integrated Data Infrastructure (IDI) data. The SIA welcomes feedback on this approach, or interest in working with the SIA to apply the approach to your work: contact info@sia.govt.nz.
Statistics NZ has published a report summarising findings from a cross-government review of how government uses algorithms.
Treasury has published the Living Standards Framework Dashboard. The Dashboard is designed to provide indicators of current wellbeing across 12 domains and around future wellbeing framed by natural capital, human capital, social capital and financial and physical capital. See the Treasury media release for more information.
Related research
The article Surveys, social licence and the Integrated Data Infrastructure (Gulliver, Jonas, Fanslow, McIntosh & Waayer, 2018) has recently been published in Aotearoa New Zealand Social Work. The study asked participants for their views on the Integrated Data Infrastructure. The conclusion is summarised as: "While there is the potential for social licence to be granted for the IDI, an on-going, transparent engagement process is required to maintain trust with agencies and researchers. As an over-represented population within government agency data, active, honest engagement is required with Māori, as are safeguards to reduce risks of further stigmatisation and marginalisation."
Related media
Flipping our algorithmic assumptions, Digitalimpact.org, 19.11.2018
How Government algorithms are judging you, Newsroom, 19.11.2018
Government agencies are using algorithms to help make decisions, Stuff, 25.10.2018
The Government has released the final report from the Inquiry into Mental Health and Addiction.
The report, He Ara Oranga: Report of the Government Inquiry into Mental Health and Addiction (2018) provides an overview of the Inquiry process and feedback and sets out the 40 recommendations of the Inquiry Panel.
In terms of their approach, the Panel states they chose to be "guided by the needs of people and communities rather than the preferences of the various groups accustomed to the way the system is structured and services are delivered at present." (page 8) They also said "Rather than develop a strategy or lay out a ‘shopping list’ of new services to be funded, we have analysed the underlying reasons why New Zealand’s mental health and addiction system has not really shifted over the past two decades."
(page 8)
The report notes:
"there was a striking degree of consensus, from most parts of New Zealand society about the need for change and a new direction: an emphasis on wellbeing and community, with more prevention and early intervention, expanded access to services, more treatment options, treatment closer to home, whānau- and community based responses and cross-government action." (page 7)
The 40 recommendations are grouped into nine areas, each with a specific chapter in the report:
- Expand access and choice
- Transform primary health care
- Strengthen the NGO sector
- Enhance wellbeing, promotion and prevention
- Place people at the centre
- Take strong action on alcohol and other drugs
- Prevent suicide
- Reform the Mental Health Act
- Establish a new Mental Health and Wellbeing Commission.
The report also includes:
- Whakawātea te Ara - discusses pathways to improve health and wellbeing for Māori
- Vai Niu - a vision of Pacific mental health and wellbeing.
The report proposes that a Mental Health and Wellbeing Commission would act as a watchdog and provide leadership. The Panel also recommends repealing and replacing the Mental Health Act 1992, to "reflect a human rights approach, promote supported decision-making and align with a recovery and wellbeing model, and minimise compulsory or coercive treatment." The report calls for urgent development and implementation of a national suicide prevention strategy, with a target of a 20% reduction in the suicide rate by 2030.
The report drew on extensive public consultation. More than 2000 people attended public meetings, more than 5200 submissions were made, and more than 400 meetings with tāngata whaiora ("people seeking wellness" including service users and consumers), their families and whānau, other members of the public, health and other service providers, Iwi and Kaupapa Māori providers, community organisations, researchers and other experts. The inquiry panel also examined a stocktake of services and a report commissioned from the University of Otago.
Considerations of violence and abuse in the report
The Panel and their reports of public feedback discuss the overlap of mental health issues with sources of trauma, deprivation and inequity including family violence and child abuse. The report states:
"Many people referred to over-medicalisation or, simply, medicalisation of mental health responses as inappropriate, inconsistent with holistic world views (particularly Te Ao Māori and Pacific world views), and dismissive of the broad array of social determinants of mental distress. ... There was strong discontent across submissions about the ease with which help-seeking was often met with only a prescription, instead of a breadth of accessible, community-based, timely, holistic options. People sought options and choice: more talk-based therapies, peer-led services, trauma-informed therapy, addiction services that are not wait-listed, early intervention services, maternal mental health services, Kaupapa Māori services, Pacific-led solutions, wrap-around services, and an emergency bed for the night." (page 55)
The Panel notes:
"While evidence exists that trauma is a major factor in the lives of many people with more serious mental distress or addictions, we do not provide comprehensive trauma-informed responses, nor do we offer appropriate psychological and talk therapies." (page 79)
The vision the Panel sets out includes:
"Access to mother and baby services will be widely available so that there is the maximum opportunity to support mothers with mental health and addiction challenges early to minimise the harm to their child. Support will be wrapped around mothers and their children and provided in a way that maximises their ongoing engagement.
... Young people who have experienced abuse or trauma or are in care will have access to a full range of immediate and comprehensive support and interventions, seeking to avert long-term adverse impacts. Trauma-informed responses will underpin all interventions and services." (page 91)
In Chapter 7, the report highlights family violence and child abuse and neglect as one of several major social determinants of health and mental wellbeing. The recommendations in this chapter focus on a whole-of-government approach to wellbeing, prevention and social determinants and facilitating mental health promotion and prevention.
The report, including the executive summary and recommendations, is available in a number of formats and languages. Additional summary documents, commissioned reports and summaries of feedback will be published in the future.
Health Minister Dr David Clark said:
“We are working our way carefully through the 40 recommendations and will formally respond in March. I want to be upfront with the public, however, that many of the issues we’re facing, such as workforce shortages, will take years to fix. Reshaping our approach to mental health and addiction is no small task and will take some time. But I’m confident this report points us in the right direction, and today marks the start of real change for the better."
The media release from the Inquiry noted that the work of the Inquiry panel is now complete and the Chair and Inquiry panel members do not intend to make further public comment on the report.
Commentary
Media has reported a wide range of responses to the report. Many have welcomed the report; criticisms and concerns have also been raised.
Radio NZ reported that Mental Health Foundation Chief Executive Shaun Robinson warned the government cannot "cherry pick" from the recommendations, saying "The thrust of this report is for a fundamental transformational change, where we move away from thinking of mental health as psychiatric illness, to thinking of it as the well-being of the community."
Lizzie Marvelly called for a sharp and "visionary" response from Government, saying:
"The era of the ambulance at the bottom of the cliff needs to end as quickly as possible. We need to build not only fences to prevent people from falling into the abyss, but also launching pads to help them to flourish. Mental health shouldn't just be the absence of diagnosable illness. It should be living a life in which you can thrive."
Child Poverty Action Group called the report a "comprehensive and substantive response to the wide ranging submissions, with commendable focus on prevention, and notably on the impacts of poverty on children’s mental health."
Māori advocates have criticised the report for failing to adequately address issues for Māori. Academic Dr Waikaremoana Waitoki said while there were some positives, "The 40 recommendations missed an opportunity to promote Maori-led, sustainable solutions that will save, and improve Maori lives. Maori need bold recommendations, not sprinkles of rhetoric." She also said "The report needed to link the structural racism that impacts on Maori mental health and addiction." She highlighted a lack of takataapui and wāhine Māori voices in the report and called for Māori leadership across the recommendations and within the proposed Mental Health and Wellbeing Commission.
Waatea News reported that Chief Executive of Te Rau Matatini Maria Baker also said Māori voices didn't come through in the report, commenting: "If there’s going to be some radical change and improvement of our situation as whānau, hapū, iwi, the crown needs to speak directly with Māori. ... I don't think it's clear in this report that those radical changes need to happen."
Others also criticised the "one-size fit all" approach of the report, including Māori suicide prevention project leader Michael Naera. The Māori Council and National Māori Authority are calling for the Government to establish a Māori Mental Health, Suicide Prevention and Addictions Authority, with National Māori Authority Chair Matthew Tukaki expressing disappointment that the Inquiry "came nowhere close to bringing to the fore the voices of Māori in what is widely recognised as a system that has completely failed our people."
Journalist Indira Stewart has written an investigative report for Radio NZ exploring mental issues health among Pacific people, called Together Alone: New Zealand’s silent Pasifika mental health crisis.
Public feedback during the inquiry indicated that many government agencies can cause or exacerbate trauma such as Oranga Tamariki - Ministry for Children, schools, New Zealand Police, Department of Corrections, Work and Income New Zealand and mental health services. Radio NZ reported that Oranga Tamariki does not collate information on how many children in state care have mental health issues or have attempted suicide. Psychiatrist Siale Foliaki said:
"If we think that we can do it better, then you should see a reduction in those types of statistics going forward. But how can you make those comparisons if you don't have that information? You don't know where you're starting from."
Advocate Paora Crawford Moyle has called on the government to address the mental health and wellbeing of children in state care.
Some families of suicide victims said the report hadn't uncovered anything new and didn't go far enough, but did welcome the proposed establishment of a Mental Health and Wellbeing Commission. Another family criticised the proposed target of reducing suicide rates by 20% when the Prime Minister had previously discussed a target of zero. Hinemoa Elder, a psychiatrist and family member of a suicide victim, questioned why any level of preventable death was acceptable.
A significant focus of the report examines support through primary care and the NGO sector. GP Cathy Stephenson called for a wide focus focused on prevention, early identification and intervention, understanding the links between adverse childhood events, social issues and mental illness.
Research on mental health issues, addictions, trauma, violence and abuse
The Clearinghouse published a reading list on the links between abuse/violence, trauma, mental health issues and addiction.
See also The Backbone Collective Submission to the Inquiry into Mental Health and Addiction (2018).
Related news
The Health Quality & Safety Commission has published a new report, Ngā Poutama Oranga Hinengaro: Quality in context (2018), summarising results from a survey of 2500 people working in mental health and addiction services. The survey looked at how tāngata whaiora (consumers in these services) are treated including cultural appropriateness of services for tāngata whaiora Māori, and coordination of care between services.
Selected media
Māori NGO leaks supplementary mental health inquiry report, Radio NZ, 20.12.2018
Māori voices hidden from mental health inquiry, Waatea News, 19.12.2018
Mental health, addiction survey shows cultural gaps, Māori Television, 17.12.2018
Too important to be political football, Otago Daily Times, 13.12.2018
Opinion: Lizzie Marvelly: Mental health report a huge wake-up call, NZ Herald, 08.12.2018
Sister's suicide sparks Taranaki mother's crusade to end violence against women, Stuff, 07.12.2018
Editorial: Mental health inquiry has produced nothing definite, NZ Herald, 07.12.2018
Police shouldn't be a proxy for mental health workers - Stuart Nash, Radio NZ, 06.12.2018
Māori can't wait for suicide action, Waatea News, 06.12.2018
Mental Health Inquiry: What it means for Māori, Radio NZ, 04.12.2018
Mental health inquiry: change long overdue, Newsroom, 04.12.2018
Govt to release mental health inquiry report today, Radio NZ, 04.12.2018
What you need to know about the mental health inquiry report, The Spinoff, 04.12.2018
He Ara Oranga welcome map to future, Waatea News, 04.12.2018
Mental health report recommends re-think on drug charges, Radio NZ, 04.12.2018
'Outdated and inadequate': Govt mental health inquiry paints damning picture, Newshub, 04.12.2018
Mental health working group 'dominated by DHBs' - advocates, Radio NZ, 29.11.2018
Māori voices needed in mental health reform, Waatea News, 29.11.2018
A new website to provide information about justice processes to survivors of sexual violence and their advocates has been launched.
The website was developed by the Ministry of Justice to help support victim/survivors of sexual violence through the court process and to help them make informed choices about the actions they take after they've experienced sexual violence. It includes information about sexual violence, getting support, helping someone else, telling police, and the court process.
The website was launched by Parliamentary Under-Secretary to the Minister of Justice (Domestic and Sexual Violence Issues) Jan Logie, who said:
"This new online guide responds to the overwhelming feedback from victims and survivors about the need for better access to information to help them understand the justice process. ... This online guide is a positive step in the right direction. I see this website as a valuable tool that can help victims, their supporters and whānau."
The launch of the guide was welcomed by HELP Wellington.
The online guide was informed by the Law Commission - Te Aka Matua o te Ture report, The justice response to victims of sexual violence: Criminal trials and alternative processes (2015) which recommended wide ranging reforms.
The Ministry of Justice has also released a research report it commissioned, Improving the justice response to victims of sexual violence which also informed the online guide. Its aim was to "explore the experiences of victims of sexual violence in NZ who have journeyed through the justice system in the past three years, with focus on what aspects risk revictimisation or retraumatisation for victims through the justice process and how it could be improved for victims."
The report was written by Gravitas Research and Strategy Limited. HELP Auckland contributed to the research.
Related information
In August 2018, Social Development Minister Carmel Sepuloni announced a new pilot to support sexual violence survivors going through the criminal justice system - see our previous news story for more information.
Related media
Alison Mau: Time's up; it's not safe for juries to decide on sex crimes, Stuff, 20.01.2019
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