He pitopito kōrero
News
News stories
The Law Commission has published an issues paper outlining its preferred approaches to reforming the Property (Relationships) Act 1976 (PRA).
Submissions are still being accepted until 14 December 2018.
The Law Commission began reviewing New Zealand’s relationship property legislation in 2016. In October 2017, the Law Commission published an issues paper and study paper inviting public feedback. It will make its recommendations to Government in 2019.
Based on submissions that have been made so far, the Law Commission has outlined recommended reforms in its issues paper: Review of the Property (Relationships) Act 1976: Preferred Approach: Te Arotake i te Property (Relationships) Act 1976: He Aronga i Mariu ai (2018). The Law Commission has also published a brief Frequently Asked Questions document that summarises key points from the issues paper.
The Law Commission website outlines seven key proposals from these proposed reforms:
- "The family home should no longer always be shared 50-50. Instead, if one partner owned the home before the relationship, only the increase in value during the relationship should be shared. Homes acquired during the relationship will still be shared equally.
- People who have children, have been together for 10 years or more, or who have built or sacrificed careers because of the relationship should be eligible for Family Income Sharing Arrangements or “FISAs”. Under a FISA, the partners would be required to share their combined income for a limited period after they separate, to ensure the economic advantages and disadvantages from the relationship are shared more fairly.
- A court should have greater powers to share trust property when a trust holds property that was produced, preserved or enhanced by the relationship.
- The rules should continue to apply to all marriages, civil unions and de facto relationships lasting three years, unless the partners enter into a contracting out agreement.
- Partners should still be entitled to share equally in all relationship property, subject to limited exceptions.
- Children’s best interests should be given greater priority under the PRA. This includes giving the primary caregiver of children a default right to stay in the family home in the period immediately following separation.
- A range of measures to promote the just and efficient resolution of PRA matters and to address behaviour that causes delay and increases costs. This includes making sure partners properly disclose to each other all relevant information about their property, whether or not they go to court."
The reforms outlined in the paper will be recommended to the Government in 2019, subject to additional feedback. You can still submit feedback until 14 December 2018 by emailing pra@lawcom.govt.nz.
Update: The Law Commission has published a brief outlining recommendations for a new Act to address dividing property when people separate.
Relationship of family violence (including child abuse) to the PRA
The Law Commission's first issues paper included questions about whether family violence should be an exception to the general rule of equal sharing and whether family violence could be considered misconduct during the relationship when considering the division of property. Chapter 3: Division in the new issues paper considers these questions.
The Law Commission does not propose introducing a specific exception to equal sharing for family violence. It agrees with a submitter's view that any amendments to the PRA that respond to family violence should "follow a full and proper examination of the causes of family violence in New Zealand and 'across-the-board solutions rather than one-offs in largely unrelated legislation'." It proposes that "any reform to the PRA that has the effect of penalising perpetrators of family violence should be considered within the context of the Government’s broader efforts to address the impacts of family violence in the community, and alongside wider issues including access to justice and appropriate support for victims of family violence." (paragraph 3.68)
In this Chapter, the Law Commission provides three preferred approaches:
"P [proposal] 11: The PRA should continue to provide that each partner is entitled to share equally in all relationship property, subject to limited exceptions."
"P12: The PRA should be amended to clarify that a court can take into account a partner’s misconduct that satisfies the threshold in section 18A(3) when deciding whether there are extraordinary circumstances which make equal sharing repugnant to justice under section 13."
"P13: The Government should consider the division of property at the end of a relationship under the PRA, in the context of its wider response to family violence."
Chapter 7: Children's Interests explored how children's best interests are addressed during separation under the PRA. The Law Commission found that under the current PRA, children’s interests do not have a significant role (see paragraph 7.11). A number of preferred approaches have been recommended in this area. Excerpts of these include:
- "Children’s best interests should be a primary consideration"
- "a court should have the power to set relationship property aside for the benefit of any minor or dependent children of the relationship"
- "a presumption in favour of granting a temporary or interim occupation or tenancy order on application by the primary caregiver of any minor or dependent children of the relationship."
- "lowering the threshold for appointing a lawyer for child to 'necessary or desirable', consistent with the Family Proceedings Act 1980"
- "review the effectiveness of the Child Support Act 1991 in meeting children’s needs and setting the level of financial support to be provided by parents for their children"
Chapter 9 addresses tikanga Māori. The Law Commission noted that "... consultation on matters where tikanga Māori is especially relevant has been limited" (see paragraph 9.2). The Law Commission did propose preferred approaches related to tikanga Māori when the family court is involved:
"P49: The Family Court should be enabled to appoint a person to make an inquiry into matters of tikanga Māori and report to the Court."
"P50: Family Court judges should receive education on tikanga Māori."
"P51: Further consideration should be given to warranting Māori Land Court judges to sit alongside judges in the Family Court where there is a difficult matter of tikanga Māori at issue."
In addition, Chapter 10: Resolution considered the use of family dispute resolution services and settling matters out of court.
For more information, including initial questions and considerations of family violence and child abuse, see our previous story Review and consultation on relationship property law.
More information and related news
The Backbone Collective has published findings from surveys of victims of domestic violence about their experiences with family court. For more information including links to their reports see our story Backbone Collective releases new report on Lawyer for Child.
The Government setup an independent panel to review the 2014 Family Court reforms. Also see our Reading list on Family justice system, Family Court.
Researchers from the University of Otago published a report summarising a survey of public attitudes about how relationship property is divided when a couple separates.
Grant Thornton New Zealand and the New Zealand Law Society (Family Law Section) published a report, New Zealand Relationship Property Survey 2017, summarising results from a survey of family law practitioners.
Update: Grant Thornton New Zealand and the New Zealand Law Society’s Family Law Section have published an updated New Zealand Relationship Property Survey 2019.
Update: The Government has released the response to the Law Commission report, Review of the Property (Relationships) Act 1976 Te Arotake i te Property (Relationships) Act 1976. The responses states that the Government will wait to consider the recommendations of the Law Commission report until after the completion of the recently launched Law Commission’s review of succession law. Reviewing the succession law was one of the recommendations of the report on property. The Government felt that acting on the recommendations and possible legislative change should incorporate outcomes from both a review of the property law and review of succession law.
Selected media
Law commission on domestic violence and divorce, RNZ, 12.02.2020
Domestic abuse victims call for end to 'no-fault' divorce settlements, RNZ, 11.02.2020
Splitting up hard enough without splitting income too, Newsroom, 15.11.2018
Property split costs likely exceed the value being fought over, Stuff, 02.11.2018
Relationship property changes may drag out break-ups, lawyer says, Stuff, 02.11.2018
Changes proposed for law dictating how property split in break-up, Stuff, 02.11.2018
Lawyer backs proposed changes to Property Relationships Act, Radio NZ, 02.11.2018
Proposed law changes to relationship splits could reduce litigation, Radio NZ, 02.11.2018
Break-up law revamp given the thumbs-up, NewsHub, 02.11.2018
Fifty-fifty split a thing of the past says Law Commission, Radio NZ, 01.11.2018
Relationship property law 'out of date', Radio NZ, 30.10.2018
Submissions influence relationship property review, Press Release: Law Commission, 10.05.2018
Mothers bear financial brunt of break-ups, Radio NZ, 20.04.2018
Attention continues to focus on the issue of sexual harassment in the workplace.
Media outlet Stuff has recently release findings from an audit of workplace reports of sexual harassment. Under Official Information Act (OIA) requests, Stuff requested information from more than 2000 public organisations. Of the 1397 organisations that replied, nearly all government departments, councils and District Health Boards (DHBs) responded. Both then Equal Employment Opportunities Human Rights Commissioner Jackie Blue and Under-Secretary for Justice (Domestic and Sexual Violence Issues) Jan Logie responded to the findings.
The Public Service Association has called for a national stocktake of workplace sexual harassment.
Organisational responses
Organisations have continued to respond to reports of sexual harassment and assault, including various political parties. Radio NZ reported that Parliament Speaker Trevor Mallard has launched an external review of bullying and harassment of staff at Parliament, designed to work out what could be done to improve the parliamentary workplace. The review will be carried out by an independent external reviewer, Debbie Francis. It was prompted by similar review in Britain, the culture revealed in the investigation into law firm Russell McVeagh and the series of issues arising around Parliament. The findings will be published when the review concludes. Find more details about the review on the Parliamentary website.
Labour Party
In August, media reported recommendations from the independent review of Labour Party policies and procedures following reports of sexual harassment and assault at a summer camp. Wellington Lawyer Maria Austen conducted the review and provided a final report to the Labour Party. The party is not releasing the report as the police investigation was underway.
In March, the Labour Party confirmed that four teenage students reported being sexually harassed or assaulted by a 20 year old man at a Young Labour summer camp in February 2018. Labour Party General Secretary Andrew Kirton stated that after the event, the victims were offered support if they wanted to report the incidents to the police. Questions were raised in the media about whether Labour Party staff should have told the police or the victims' parents, regardless of the victims' views. Specialist sexual violence providers supported the decision not to inform police or parents but said it would have been better if Labour had engaged with expert support services as soon as possible. Following the media coverage, one of the victims contacted police. Following a police investigation, a man was charged with several counts of indecent assault. The case is continuing through the courts.
National Party
In October, National Party Leader Simon Bridges told media that the party will review its workplace practices. This followed four women's allegations of harassment, threatening and other inappropriate behaviour by National MP Jami-Lee Ross, reported by media outlet Newsroom. Newsroom reported additional comments from Simon Bridges regarding the review: Simon Bridges plans on asking Parliamentary Services to help make sure women working for the party feel safe and seeking independent advice for the wider party structure. Further details about the approach to independent advice have not been released and it is unlikely the outcomes would be made public.
In November, Radio NZ reported that Police were investigating after a teenage woman complained of inappropriate behaviour following a Young National event.
New Zealand Defence Force
In July, the New Zealand Defence Force stood down staff and is investigating reports of sexual harassment and bullying at The Army Depot, a training unit based in Waiouru. Media reported that the investigation includes allegations of sexual assault.
Queen's Counsel Frances Joychild has called for radical change to the way the legal system responds to sexual violence. Frances Joychild headed an independent inquiry into the NZ Defence Force's handling of complaints about sexual abuse perpetrated by Sergeant Robert Roper in the 1970s and 80s. The Joychild Report was released to the NZ Herald under the Official Information Act in May 2018.
One of Roper's victims also sued Roper and the New Zealand Defence Force (NZDF) however after her claim was dismissed due to the statute of limitations expiring she was pursued for costs. In November, NZ Herald reported that after Prime Minister Jacinda Ardern told senior NZDF officials to drop the force's costs claim against her, an NZDF spokesperson said the Crown will no longer be seeking costs.
In 2018, NZDF's Sexual Ethics and Respectful Relationships (SERR) training won the Emerging Diversity and Inclusion category and the overall award at the 2018 Diversity Awards NZ. The training is part of Operation Respect, launched by NZDF in 2016 to combat inappropriate and harmful behaviour including sexual violence.
Fire and Emergency New Zealand
Fire and Emergency New Zealand has commissioned an independent review of workplace policies to address bullying and harassment. The review will be led by retired Judge Coral Shaw, who conducted the review into sexual harassment at the Human Rights Commission. Further information is available on the fire and emergency services website.
Sport NZ
Sport New Zealand is currently reviewing sport integrity. They are inviting feedback from anyone involved in sport to make a submission. Feedback can be provided through an online survey or submitting a written submission. Sport NZ has published a discussion document. The document covers five areas, which include:
- "Member protection – protecting those who engage in sport from bullying, harassment, abuse, undue health and safety risks, and other harm
- Integrity issues in children’s sport – protecting children from abuse, avoiding the negative effects of an undue focus on winning, and considering the changing environment within secondary school sport"
Submissions are being accepted until 11 December 2018.
District Health Board
Nurses spoke to Radio NZ about experiencing widespread sexual harassment at work at Canterbury District Health Board and said their complaints were not taken seriously by management.
Update - NZ Law Society
The Law Society has published the final Report of the New Zealand Law Society Working Group: To enable better reporting, prevention, detection, and support in respect of sexual harassment, bullying, discrimination and other inappropriate workplace behaviour within the legal profession (2018). The Law Society Board Board has accepted the recommendations from the report on improving the regulatory process for lawyers when unacceptable workplace behaviour occurs. For more information about Law Society actions, see our previous story Organisations and sectors remain in spotlight on workplace harassment and assault.
Toolkit and research
WorkSafe has published a sexual harassment toolkit for workplaces. It includes:
- Advice for workers
- Advice for businesses
- Example policy
- Template for workers to report harassment
- Examples of harassment at work.
CARE Australia has published What works? Preventing and responding to sexual harassment in the workplace (2018). See also a summary of findings, Reducing sexual harassment in the workplace (2018).
Update: new report from UN Women on ending sexual harassment
UN Women has published a new resource titled Towards an end to sexual harassment: The urgency and nature of change in the era of #MeToo (2018). It's designed to support policy makers, employers, and activists by sharing UN Women’s work in this area and offering new guidance on policy and practice on sexual harassment.
Commentary from advocates and survivors
Advocate and educator Lizzie Marvelly wrote about the ongoing trauma and impact to victims as a result of media reporting of sexual harassment at the Labour summer camp, writing:
"Everyone who has something to say about this case needs to be very mindful that there are four teenagers at the heart of it who have no control over how their stories are being told. We all need to remember that our comments, reportage and conjecture, whether delivered in a professional or personal capacity, have the potential to harm. We have a responsibility to the victims as fellow human beings to be respectful of their wishes and to treat them with the utmost compassion – regardless of where we sit in the political landscape."
A survivor wrote an article about challenges and reasons that victims and survivors may not want to go to the police or may not want their parents told.
Conor Twyford, CEO of Wellington HELP, has said they are experiencing an unprecedented demand for their services and has said more funding and a culture shift are needed.
Advocate and lawyer Catriona MacLennan has highlighted an ongoing lack of adequate response to sexual harassment, saying it is still not regarding as a serious issue.
Specialist sexual violence providers have suggested the current environment is enabling more people to speak out. Auckland Sexual Abuse HELP Foundation Executive Director Kathryn McPhillips has said, reported by the NZ Herald:
"One of the main things we find about disclosures of sexual harassment or violence is that people don't disclose until the environment seems to be safe to disclose. Because historically people have been shamed, derided, it's been minimised. So the current environment where people are being listened to, heard, and taken seriously, I think that's probably the main factor in the increase in disclosures."
Senior Lecturer at Auckland University of Technology, Dr Pani Farvid, has written a commentary about the background of the #MeToo movement saying:
"In the absence of adequate policies and legal changes, the media is being used not only to raise awareness, but to help create the impetus for the social and structural change that's urgently needed. A sexual revolution, of sorts. Now that's a movement I want to get behind, rather than try to stifle."
Alison Mau, the journalist who launched the #MeToo media movement in Aotearoa New Zealand, has written about how a recent High Court decision is landmark decision for victims of sexual harassment at work related to Colin Craig's sexual harassment of his former employee Rachel MacGregor.
Researcher Garth Baker has written a summary article and detailed report about what the #MeToo movement asks of men and how men can effectively respond for the White Ribbon Campaign.
Calls for action to address sexual violence
Calls for action have included a #togetherinblack campaign launched by Auckland HELP and other specialist sexual violence services. This included a call to government to address priority issues.
For more news and initiatives on actions to address sexual harassment and assault, see our previous stories:
Report published on review into law firm handling of sexual harassment and assault
Organisations and sectors remain in spotlight on workplace harassment and assault
Spotlight remains on legal profession's responses to harassment, abuse and assault
Sexual harassment and assault highlighted on International Women's Day
Related media
Perpetrators of sexual harassment are personally liable, The Post, 28.02.2024
Embattled MP Jami-Lee Ross apologises, Otago Daily Times, 22.01.2019
Lawyer censured and fined $12k over sexual harassment of employees, Radio NZ, 22.01.2019
Regulatory working group report to be presented, Law Society News, 13.12.2018
Sport NZ is inviting feedback from the public about sport integrity.
The deadline to give feedback is 11 December 2018.
The organisation is looking at themes across multiple areas including organisational culture, whistleblowing and the institutional arrangements for sport integrity.
Sport NZ has published a detailed discussion document that outlines the areas, issues and questions they are seeking feedback on. In particular this covers five areas:
- "Member protection – protecting those who engage in sport from bullying, harassment, abuse, undue health and safety risks, and other harm
- Integrity issues in children’s sport – protecting children from abuse, avoiding the negative effects of an undue focus on winning, and considering the changing environment within secondary school sport
- Anti-doping – the use of prohibited substances (colloquially referred to as performance and image enhancing drugs) in contravention of the World Anti-Doping Code
- Protecting against corruption – fraud, bribery, bid rigging and other dishonest behaviours intended to achieve personal gain
- Protecting against match-fixing – action to inappropriately predetermine the result of a match, or part of a match, for gambling purposes."
Feedback is invited from anyone involved in sport. You can give feedback by completing an online survey or emailing a written submission.
Radio NZ reported Sport NZ Chief Executive Peter Miskimmin said:
"So we're really interested in anything of those things that put people off or are a barrier to sports, from sideline behaviour to child protection issues, early specialisation of kids at secondary school all the way to discrimination and up to match-fixing and doping. There are already various controls in place at different levels of the sporting sector to address these. This review is about determining whether these measures are sufficiently robust and appropriate, so that any weaknesses can be addressed to ensure our sport remains clean, fair and safe and enjoyable for everyone."
This consultion is the first phase of a review project. This first phase is looking at the current environment, identifying areas where current policies and protections may be insufficient, and gathering evidence to support future interventions. The second phase will focus on developing solutions. The approach to this phase will be determined after the initial consultation is completed.
Related resources
Aotearoa New Zealand
NZ Rugby launched an independent review and later a 'Respect and Responsibility' programme in 2016. The full Respect and Responsibility Review report was published in 2017. NZ Rugby has since launched 0800 line for complaints about inappropriate behaviour.
Case study 1: Counties Manukau Rugby League (2015), Roguski, Wellington, New Zealand: It's not OK Campaign, Ministry of Social Development.
Not Our Game Sports Toolkit (2017). Wellington, New Zealand: It's not OK Campaign, Ministry of Social Development.
Australia
Update: The Australian Centre for Community Services Research, Flinders University recently recently published a new report on prevention programmes in sport, Developing the power to say no more to violence against women: An investigation into family and domestic violence primary prevention programs in South Australia and the Northern Territory (2018).
Child Safe Sport work from Sport Australia is developing a National Safeguarding Children in Sport Strategy.
The Australian Childhood Foundation was commissioned by the Australian Sports Commission to publish the report Safeguarding children in sport (2015) and develop a toolkit to help implement child safe approaches across all Australian sport.
Volume 14 of the Final Report of the Royal Commission into Institutional Responses to Child Sexual Abuse addresses Recommendations: Sport, recreation, arts, culture, community and hobby groups (2017).
Our Watch published A team effort: preventing violence against women through sport (2017).
United Kingdom
The Child Protection in Sport Unit provides a number of resources on safeguarding children in sports settings. This includes policies, best practice briefing papers, webinars, research, toolkits, videos and more.
And Independent Review into child sex abuse allegations in football is currently underway in the UK.
Other international reports
Sport, Children’s Rights and Violence Prevention: A Sourcebook on Global Issues and Local Programmes (2008, 2012), Brackenridge, Kay and Rhind (Editors), London: Brunel University, 2012
Protecting children from violence in sport: A review with a focus on industrialized countries (2010). Unicef Innocenti Research Centre.
Related media
Silence about Scott Kuggeleijn reinforces a culture of sexual violence, The Spinoff 18.01.2019
How sport can tackle violence against women and girls, The Conversation, 06.12.2018
Taimo guilty on 95 sex charges after one initial complaint, Radio NZ, 25.10.2018
Taimo survivor speaks out 26 years after abuse, Radio NZ, 25.10.2018
Auckland rugby coach found guilty of 95 sex charges against 17 victims, Stuff, 24.10.2018
Auckland rugby coach Alosio Taimo guilty of child sex charges, NZ Herald, 24.10.2018
Sport: Plan to use rugby to help prevent violence against Pacific women, Radio NZ, 17.08.2018
Sport: Plan to use rugby to help prevent violence against women, Radio NZ, 16.08.2018
New Zealand government agency to launch inquiry into integrity in sport, NZ Herald, 07.12.2017
The government has released Cabinet papers and related documentation providing background information on the new "joint venture" approach to addressing family and sexual violence.
The Cabinet papers are 'Breaking the inter-generational cycle of family violence and sexual violence' and 'Leadership of Government’s collective efforts to reduce family violence and sexual violence.' These and related documents (in the Appendices) provide background and outline the government's thinking on addressing and coordinating family and sexual violence nationally. They include:
- The development of a national action plan and strategy
- The dedicated agent to coordinate family and sexual violence work, including a table summarising previous coordination efforts and the joint venture model
- Advisory groups
For more information about the joint venture, see our previous story New government "joint venture" approach to addressing family and sexual violence.
See the Ministry of Justice website for more information about the family violence & sexual violence work programme.
The Government has released the final terms of reference for the Royal Commission into abuse in care. Key changes include expanding the inquiry to include abuse in the care of faith-based institutions, and discretion to hear about abuse outside the time period of 1950-1999.
The inquiry is now called the Royal Commission into Historical Abuse in State Care and in the Care of Faith-Based Institutions.
In addition, four members have been added to the inquiry panel along with the chair Rt Hon Sir Anand Satyanand. They are: Ali’imuamua Sandra Alofivae, MNZM; Dr Andrew Erueti; Paul Gibson; and Judge Coral Shaw. The inquiry will also establish an advisory group or groups of survivors of abuse in care.
The changes to the Terms of Reference are in response to more than 400 submissions on the draft terms of reference. The final Terms of Reference set out the purpose and scope, definitions, principles and methods, findings and recommendations, and reporting and conclusion of work.
While the inquiry is focused on abuse that occurred between 1950 and 1999, the commissioners will be able to choose to hear about experiences before or after this time period, including from people currently in care. Clause 10c of the Terms states (page 6):
"for the avoidance of doubt, the discretion in paragraph (b) means the inquiry may hear from people who were in care at any point after 1999 or are currently in care (whether or not they were also in care before 1999). Further guidance on principles and methods of work relating to the inquiry’s engagement with people currently in care is provided in clauses 21 and 22."
The scope of the inquiry has expanded to also include care in faith-based institutions including faith-based schools. Clause 17.4 of the Terms sets out the definition in more detail, stating "In the care of faith-based institutions means where a faith-based institution assumed responsibility for the care of an individual". This includes residential or non-residential care settings, as well institutions that may or may not have been formally incorporated. State care includes social welfare, education, health and disability, and transitional and law enforcement settings.
The background information in the Terms of References mentions the disproportionate representation of Māori and Pacific people in care. The Terms identify specific principles for the inquiry:
"(a) do no harm:
(b) focus on victims and survivors:
(c) take a whānau-centred view:
(d) work in partnership with iwi and Māori:
(e) work inclusively with Pacific people:
(f) facilitate the meaningful participation of those with disabilities, mental illness, or both:
(g) respond to differential impacts on any particular individuals or groups:
(h) be sensitive to the different types of vulnerability that arise for people in care:
(i) ensure fair and reasonable processes for individuals and organisations associated with providing care:
(j) avoid an overly legalistic approach."
The inquiry will begin hearing evidence in January 2019. It is expected to last four years. Minister for Children Tracey Martin said that the first interim report will be focussed on state care and reported back by the end of 2020. A separate report will be focussed on abuse of children in faith based institutions. This report will be released at the same time as the final report at the end of the inquiry in 2023.
For more information see the inquiry website: www.abuseinstatecare.royalcommission.govt.nz.
The Ministry of Social Development (MSD) has published a press release with information about how the work of the inquiry is related to current MSD Historic Claims work. MSD said the Inquiry will not affect people working with MSD on existing claims. People can continue to file new claims as well. The MSD press release also stated:
"The Social Wellbeing Board of Chief Executives is setting up a Crown response and engagement team to help agencies work together and to collectively support the Inquiry. This team will coordinate and align efforts across and between agencies to support the Inquiry’s work in an integrated, open, constructive and transparent way. The Inquiry will identify, examine and report on existing redress, rehabilitation and compensation processes for resolving claims, making general comments and/or findings. They may also recommend appropriate changes, which may result in further improvements. Once these recommendations are known the Ministry will work with the Minister to action any changes needed to our work."
Responses to the announcements
Media has reported a range of responses to the announcement of the finalised Terms of Reference and panel appointments.
Some survivors and advocates have raised concerns about the impact of widening the inquiry. Listen to an interview with survivor Eugene Ryder and journalist Aaron Smale on Newshub about these concerns.
Survivor and advocate Paora Joass Moyle has criticised the lack of Māori women and survivors on the Royal Comission panel, raising concerns about ongoing institutionalised racism. Listen to an interview with Paora Joass Moyle from Waatea News.
Some have spoken out saying the widening of the inquiry risks minimising the voice of Māori while others believe the wider scope will benefit Māori.
The Māori Council welcomed the appointment of Dr Andrew Erueti to the Royal Commission panel but emphasised the Commission will need to engage with Māori in the community and on the marae.
Academic Elizabeth Stanley discussed the limited time period and historic focus in a NZ Herald opinion article, saying:
"But, a systemic examination of contemporary care practices is out of the question. As the title goes, this is about 'historic abuse'. Implicit in this is the idea that we do things differently now. We will somehow have to ignore how ever-increasing numbers of Māori children are being funnelled into state care. We will have to overlook our need to fully understand why so many youthful care-leavers continue to recount experiences of abuse, neglect or daily feelings of fear, isolation, stigma and disadvantage in care, or how they still quickly rotate into our prisons."
Lawyer and advocate Sonya Cooper said while the Royal Commission can hear from people with experiences after 1999, it is unclear what recommendations the Commission can make about rehabilitation and compensation for these individuals.
Some churches have welcomed the inclusion of faith-based institutions in the inquiry. However, some survivors of abuse in faith-based institutions are unclear if they will be included in the inquiry based on the definition "in the care of a faith-based institution."
Others are disappointed that additional organisations such as Scouts and sport groups will not be included.
Background information
For background information about the inquiry see our previous stories Royal Commission into Abuse in State Care launched and draft terms of reference released and Public feedback invited on Terms of Reference for Royal Commission of Inquiry into abuse.
Prior to the launch of the Royal Commission, a team of academic and legal experts released findings from a survey of survivors and a proposed framework for the inquiry.
Related news
Sport NZ is consulting on sport integrity including harassment and child protection. The deadline to give feedback is 11 December 2018. Feedback is invited from anyone involved in sport. You can give feedback by completing an online survey or emailing a written submission.
The Australian Royal Commission into Institutional Responses to Child Sexual Abuse released its final report and recommendations in December 2017.
Child migration programmes: Investigation report (2018) was published as part of the UK Independent Inquiry into Child Sexual Abuse. The report examines Child Migration Programmes which removed children from their families and government care and sent them overseas, including New Zealand.
Selected media
Survivors' lawyer says abuse inquiry moving too slow, Radio NZ, 08.01.2019
10,000 child removal orders in five years: Is this system working?, Stuff, 12.12.2018
The number of newborn babies removed from their parents is rising, Stuff, 12.12.2018
Catherine loves her kids, but they will never be in her custody again, Stuff, 12.12.2018
Oranga Tamariki doesn't collate mental illness figures, Radio NZ, 10.12.2018
No answer on forced adoption: 'There must be some compassion somewhere', NZ Herald, 05.12.2018
Inquiry’s failings will turn into Royal Omission, Newsroom, 17.11.2018
Expansion ‘a bitter sweet milestone’, Otago Daily Times, 17.11.2018
Editorial: Victims will be heard in major inquiry, NZ Herald, 16.11.2018
The widening challenge of the state care abuse inquiry, Newsroom, 15.11.2018
Survivor criticises PM on expanded inquiry, Otago Daily Times, 15.11.2018
Church sexual abuse victims fear being re-traumatised, Newstalk ZB, 13.11.2018
Widened inquiry 'may not go far enough', Otago Daily Times, 13.11.2018
'Should have done it sooner': Survivor on abuse inquiry, Otago Daily Times, 12.11.2018
Maori Council welcomes Dr Erueti’s appointment, Press Release: Maori Council, Scoop, 12.11.2018
Anglicans welcome a broader inquiry, Press Release: Anglican Church in Aotearoa, Scoop, 12.11.2018
The Law Commission has submitted a briefing paper outlining recommendations on abortion law reform to Justice Minister Andrew Little.
Earlier this year, Justice Minister Andrew Little asked the Law Commission to provide advice on abortion law reform considering abortion as a health issue instead of a criminal issue. The Law Commission consulted with the health sector and received more than 3400 submissions from the public consultation process.
The report, Alternative approaches to abortion law: Ministerial briefing paper (October 2018), outlines three alternative legal models. It also outlines possible changes to criminal aspects of abortion law, access to abortion and related issues, including some recommendations that are not legislative. All models would remove abortion from the Crimes Act 1961 and remove the requirement for abortions to be approved by two certifying consultants (doctors).
For more information see the Law Commission website Alternative approaches to abortion law.
Responses to the proposed reforms
Justice Minister Andrew Little discussed the recommendations in an interview with media outlet Newshub.
Family Planning NZ and the National Council of Women support 'model A' under which:
- There would be no statutory test that must be satisfied before an abortion could be performed.
- The decision whether to have an abortion would be made by the pregnant person in consultation with their health practitioner.
The Gender Attitudes Survey (National Council of Women of New Zealand, 2018) found that 66% of New Zealanders agree that a woman should have the right to choose whether or not she has an abortion. National Council of Women Chief Executive and Gender Equal NZ spokesperson Gill Greer said "It’s also important to acknowledge that trans and gender diverse people can also become pregnant and need access to abortion or other reproductive health services. We support increased access to these health services for all people."
NZ Family Planning also noted their support for some of the additional recommendations that are not related to legislation. Jackie Edmond, Family Planning CEO, has written an article explaining the Law Commission recommendations.
University of Auckland Associate Professor Liz Beddoe has written about the reforms explaining the proposed models and other issues that need to be addressed, as well as why the law needs to change.
New report on reproductive coercion in Aotearoa New Zealand
The National Collective of Independent Women’s Refuges recently published findings from a study of reproductive coercion in Aotearoa New Zealand. Reproductive coercion is a form of intimate partner violence (IPV) that includes controlling access and tampering with contraceptives, pregnancy coercion, attempting to cause miscarriage, and intentional exposure to sexually transmitted infections. The study also looked at partner behaviours related to pregnancy, abortion and miscarriage; monitoring of sexuality as a form of control; and women's experiences of seeking help.
More than 80% of participants had experienced their partner controlling their access to contraceptives and nearly 60% experienced their partner tampering or sabotaging their method of contraceptives. The authors highlighted:
"In multiple accounts from participants, their partners cited pregnancy as a method for entrapping them in the relationship, thereby explicitly exploiting their sexual and reproductive experiences and vulnerability for the purpose of controlling them to the extent that they cannot leave the relationship."
Many participants reported partners' efforts to control the outcomes of their pregnancy including a partner preventing accessing to abortion (34.8%), a partner trying to coerce them into terminating a pregnancy (27%), and a partner deliberately trying to cause a miscarriage (31.7%).
Many participants reported other forms of IPV including sexual, physical, psychological, economic and spiritual violence and abuse.
Less than 30% of participants had a professional ask about IPV when they seeking pregnancy or contraceptive support. Just over 4% were specifically asked about reproductive control or coercion. Participants provided suggestions for professionals to screen for and respond to disclosures of reproductive coercion including:
- "Education and information on reproductive coercion and intimate partner violence so people can understand their experiences and have the words to describe it
- Privacy during appointments with professionals, namely, having appointments without their partners and others present
- Approaching conversations with sensitivity and empathy, and asking questions genuinely rather than as a tick box exercise or with preconceptions about the person who walks in and their relationship
- Asking questions broadly about their partners’ behaviours and how they feel about their relationship and pregnancy
- Providing information on the client/patients’ options and rights (including immediately post birth), and following through with actions, solutions or referrals where necessary based on what the client/patient wants (e.g. discrete and long-acting and reversible methods of contraception, or referrals for an abortion)
- Meeting any disclosures of abuse and reproductive coercion with non-judgement, belief and support the client/patient to put their partner’s behaviours into context, i.e. reassuring them that it is not their fault that t heir partner is abusing them."
See the full report, Reproductive Coercion in Aotearoa New Zealand (2018), for detailed findings.
Dr Ang Jury, Chief Executive of Women’s Refuge said:
“One of the themes of this research was that when these individuals did reach out for profession help, it often resulted with the victim not receiving the care they required or they themselves questioning whether it was abuse.”
Family Planning CEO Jackie Edmund said:
“This report is a must-read for everyone who works in health and for the government – so we can all look at our processes and practices to see what more we can do for women impacted in this way. I want it to be read too by parents and teachers so that it informs the relationships and sexuality education our young people are getting. We need to be working on this issue on all fronts - through prevention, intervention and protection."
For more research and information on violence against women and reproductive health and justice, see our previous story on the Law Commission consulting on abortion law reform.
Update: Researchers and staff from Family Planning New Zealand published the article Reproductive justice in Aotearoa New Zealand—A viewpoint narrative in December 2023 in the Aotearoa New Zealand Social Work Journal.
Related news
The Education Review Office (ERO) published a report on their review of sexuality education in schools. The report, Promoting wellbeing through sexuality education (September 2018), explores the question "How well does the school use sexuality education to support and promote wellbeing for their students?"
Marie Stopes Australia has published the white paper, Hidden Forces: Shining a light on Reproductive Coercion (2018). It summarises findings following a public consultation process that included a roundtable of 50 stakeholders, two phases of public submissions, comment on a draft White Paper and consultation with academics, healthcare professionals and psychosocial specialists.
Selected media
The Story with John Campbell: Abortion, a woman's right to choose?, One News, 21.11.2018
Abortion law reform options an improvement - advocate, Radio NZ, 27.10.2018
Law Commission abortion law reform briefing received, Beehive media release, 26.10.2018
Abortion Law review findings released, Newshub, 26.10.2018
Editorial: New report emphasises need for co-ordinated approach, Stuff, 16.10.2018
Reproductive coercion - the silent abuse, Stuff, 15.10.2018
Controlling partners sabotage contraceptives, Stuff, 15.10.2018
The Government has announced they are investing $15.379 million from Budget 2018 to fund ‘Whānau Resilience services’.
Social Development Minister Carmel Sepuloni said the funding investment is in response to feedback from the family violence sector saying that "... short funding periods result in reactive and crisis focused support for families."
Over the last few months the Government has been consulting with family violence providers about the family violence funding model. The November 2018 Family and sexual violence service provider update from the Ministry of Social Development (MSD) said:
"Through this engagement you told us most of MSD’s funding to family violence service providers ends up being directed to crisis support, because of the overwhelming demand for these services. This leads to people only being able to access crisis support and does not enable service providers to work with families and whānau to break the intergenerational cycle of violence. If we want to provide people with meaningful opportunities to heal from trauma and violence, and break patterns and cycles of abuse, then we need to invest in services that support individuals to make changes to prevent future family violence from reoccurring."
The update went on to say the focus of the funding for the Whānau Resilience services is on "... providing long-term healing and recovery services to individuals, families, whānau and communities affected by family violence."
It also said "Whānau Resilience responses will:
- be designed to be longer than 12 weeks and up to three years, so whānau can access support when needed
- be whānau-centred
- focus on building protective factors
- support families and whānau to sustain violence-free lives."
The Ministry of Social Development is holding workshops to discuss the details with providers - dates available at the link. For more information and to register, email Family_Violence_CPP@msd.govt.nz.
Additional updates
The MSD Family Violence Service provider update also includes information on:
- Results from the survey about family violence funding (also see the MSD website for documents summarising key themes from the survey findings)
- Early results from the court support pilot that provides psycho-social support for survivors of sexual violence going through the criminal justice system
- 'Safe to talk - Kōrero mai, ka ora' dashboard, which provides summary statistics of who and why people contact the helpline
- Sexual violence sector working group formed to look at supports for the sexual violence sector
- Kaupapa Māori harmful sexual behaviour service pilot
- Have your say on Child and Youth Wellbeing Strategy (see our story on the consultation)
- New website to help navigate porn landscape.
Related news
The Ministry of Justice has released two Cabinet papers and associated documents (scroll to bottom of page): Breaking the inter-generational cycle of family violence and sexual violence and Leadership of Government's collective efforts to reduce family violence and sexual violence. These include a number of related documents that provide background information and outline proposals to address and coordinate family and sexual violence nationally. This includes the development of a national action plan and strategy; dedicated agent to coordinate family and sexual violence work; the joint venture model; and advisory groups.
The Government has announced a new "joint venture" approach to addressing family and sexual violence. The joint venture’s role is to "lead, integrate, and provide support for everyone to ensure an effective whole-of-government response to family violence and sexual violence."
Two significant family violence bills have passed through Parliament and will become law: the Family Violence Bill and the Family Violence (Amendments) Bill.
The legislation was introduced by the previous Government as the Family and Whānau Violence Legislation Bill. In October 2018, under the current Government, it was divided into two bills: the Family Violence Bill and the Family Violence (Amendments) Bill.
The Family Violence Bill provides that the Domestic Violence Act 1995 will be replaced by the new Family Violence Act. The purpose of the Act is "... stop and prevent family violence by -
(a) recognising that family violence, in all its forms, is unacceptable; and
(b) stopping and preventing perpetrators from inflicting family violence; and
(c) keeping victims, including children, safe from family violence." (section 3(1))
- "allowing approved organisations to apply for protection orders on behalf of victims to improve the accessibility of protection orders
- providing more opportunities for perpetrators and victims to be connected with the services and programmes they need, both under protection orders and when a Police safety order has been issued
- enabling relevant information to be shared between social services practitioners and family violence agencies to ensure more integrated and coordinated responses to family violence incidents, and
- extending the maximum duration of a Police safety order from 5 days to 10 days to ensure victims have sufficient time to put in place safety arrangements."
The Family Violence Act will come into force on 1 July 2019.
The Family Violence (Amendments) Bill makes amendments to the Bail Act 2000, Care of Children Act 2004, Crimes Act 1961, Criminal Procedure Act 2011, Evidence Act 2006 and Sentencing Act 2002. These changes include the introduction of three new criminal offences: strangulation or suffocation, assault on a person in a family relationship, and coerced marriage or civil union. Other changes include making victims’ safety the primary consideration in family violence bail decisions, enabling family violence offending to be tracked through the criminal justice system, and inserting a new aggravating factor at sentencing.
Changes to the Crimes Act 1961, Bail Act 2000 and the Evidence Act 2006 will come into force on 3 December 2018.
Amendments to the Care of Children Act 2004, Criminal Procedure Act 2001 and the Sentencing Act 2002 will come into force on 1 July 2019.
The Ministry of Justice website provides a summary of key changes, under the headings:
- Creating a more integrated family violence system
- Improving civil orders to better support victims; and
- Recognising the dynamic of family violence in the criminal justice system.
The Law Society has also provided a brief summary of the changes.
Background information
For background information, see our previous stories including:
Review of family violence laws: Government discussion document released (August 2015)
Govt announces proposed changes under legislative review (September 2016)
Government introduces Bill to reform family violence laws (March 2017)
Select Committee reports on Family and Whānau Violence Legislation Bill (August 2017)
In September 2018, Justice Minister Andrew Little and Parliamentary Under-Secretary to the Minister of Justice (Domestic and Sexual Violence), Jan Logie summarised some of the key changes the Coalition Government was making. These are detailed in Supplementary Order Paper 116.
Related news
The Ministry of Justice has released two Cabinet papers and associated documents (scroll to bottom of page): Breaking the inter-generational cycle of family violence and sexual violence and Leadership of Government's collective efforts to reduce family violence and sexual violence. These include a number of related documents that provide background information and outline proposals to address and coordinate family and sexual violence nationally. This includes the development of a national action plan and strategy; dedicated agent to coordinate family and sexual violence work; the joint venture model; and advisory groups.
The legislative reform and this work are part of the cross-government family violence & sexual violence work programme. Subscribe to receive work programme updates.
Related news
Appeal court president queries parole for domestic violence leading to death, Stuff, 08.11.2018
The Safe and Effective Justice Programme Advisory Group – Te Uepū Hāpai i te Ora is seeking feedback from the public about the criminal justice system.
Te Uepū is currently holding meetings and public drop-in sessions around the country (details below). You can also submit feedback in writing.
Te Uepū Advisory Chair Chester Borrows said:
“We’re focused on hearing from people whose lives and work are affected by the criminal justice system, and canvassing ideas on how it can be improved.”
For upcoming dates and locations see the Hāpaitia te Oranga Tangata / Safe and Effective Justice website.
You can also submit feedback online via the Hāpaitia te Oranga Tangata website or make a submission or request a meeting by writing directly to Te Uepū.
Background
Justice Minister Andrew Little announced the Safe and Effective Justice Programme Advisory Group – Te Uepū Hāpai i te Ora in July of this year. Shila Nair and Quentin Hix were later added to Te Uepū. Ms Nair has worked in family violence for more than 16 years, at Shakti Community Council.
Criminal Justice Summit
The first public engagement of the reforms was a Criminal Justice Summit held in August 2018. More than 600 people attended. Justice Minister Andrew Little said:
"To create a fair and just system we need input from a wide range of New Zealanders. That’s why it’s important that we’ve been hearing from victims, NGOs, academics, Māori, Pasifika and a broad spectrum of the public."
Highlights from the Summit are on the Hāpaitia te Oranga Tangata website. A number of Ministerial speeches are also available:
- Everyone deserves to be safe in their communities - launch of Justice Summit, Prime Minister Jacinda Ardern
- Criminal Justice Summit: Plenary discussion on over-representation of Māori in the system, Corrections Minister Kelvin Davis
- Justice Summit: addressing family and sexual violence, Parliamentary Under-Secretary to the Minister of Justice (family and sexual violence) Jan Logie
- Justice Summit: Discussion on improving our criminal justice system, Corrections Minister Kelvin Davis
During open discussions and following the summit, questions were raised about whether the summit focused too heavily on offenders without enough focus on victims and whether there was adequate representation of Māori. An article from the Spinoff provides an overview of the concerns and responses from advocates and government representatives. A wide range of additional commentary on the reforms is included in the media list below.
Related research and reports
New Zealand
Coercive control : to criminalize or not to criminalize?
by Tolmie, Julia. Criminology & Criminal Justice, 2018, 18(1): 50-66 Sage, 2017
Social entrapment: A realistic understanding of the criminal offending of primary victims of intimate partner violence
by Tolmie, Julia | Smith, Rachel | Short, Jacqueline | Wilson, Denise | Sach, Julie. New Zealand Law Review, 2018, 2: 181-218 Legal Research Foundation, 2018
Tolmie, J. (2018). Considering victim safety when sentencing intimate partner offenders. In K. Fitz-Gibbon, S. Walklate, J. McCulloch, & JM. Maher (Eds.). Intimate partner violence, risk and security: Securing women’s lives in a global world. Routledge. (Note: NZFVC does not have this publication.)
They're our Whānau (2018) is a report that explores Māori views about the justice system. It summarises findings from a survey of more than 900 Māori and includes a literature review. This research was conducted by ActionStation and supported by students from the University of Otago in Wellington under the supervision of Māori public health researcher Dr Keri Lawson-Te Aho and Director of ActionStation Laura O’Connell Rapira. For more information watch the video recording of the report launch.
The Ministry of Justice (MOJ) has made 31 evidence briefs available online. The briefs, from 2016-17, review justice interventions including a range of areas related to family and sexual violence. MOJ has also published seven fact sheets on different aspects of the justice system, and the MOJ Annual Report for 2017-18.
The New Zealand Bar Association (NZBA) has published the Access to Justice Report (2018), discussing ways NZBA could contribute to improved access to justice and making recommendations, including on legal aid.
The most recent of State of Care report from the Office of the Children's Commissioner examined the care of young people with high risk and alleged offending behaviour. The report, Maiea Te Tūruapō, Fulfilling the Vision (2018), recommends a shift away from the current state care system to a kaupapa Māori driven approach. Children’s Commissioner Andrew Becroft spoke about the report in a media release.
Family Violence Death Review Committee. (2016). Family Violence Death Review Committee: Fifth report: January 2014 to December 2015. Wellington, New Zealand: Health Quality and Safety Commission. Available from the library (see Chapter 5 - the Justice response)
International
Australia's National Research Organisation for Women's Safety (2018). The forgotten victims: Prisoner experience of victimisation and engagement with the criminal justice system: Key findings and future directions. Melbourne, Vic: ANROWS. Available from the library (On women's experiences of intimate partner violence after being released from prison).
Australia's National Research Organisation for Women's Safety (2018). Perpetrators of family violence. Special collection. Melbourne, Vic: ANROWS. Available online
Dowling, C., Morgan, A., Hulme, S., Manning, M., & Wong, G. (2018). Protection orders for domestic violence: A systematic review (Trends & Issues in Crime and Criminal Justice, no. 551). Canberra, ACT: Australian Institute of Criminology. Available from the library
Maher, JM., Spivakovsky, C., McCulloch, J., McGowan, J. Beavis, K., Lea, M., Cadwallader, J., Sands, T. (2018). Women, disability and violence: Barriers to accessing justice. Final report (Horizons, 02/18). Sydney, NSW: ANROWS. Available online
Troy, V., McPherson, K.E., Emslie, C., & Gilchrist, E. (2018). The feasibility, appropriateness, meaningfulness, and effectiveness of parenting and family support programs delivered in the criminal justice system: A systematic review. Journal of Child and Family Studies. Available online
Goodmark, L. (2017). Justice as a tertiary prevention strategy (pp.185-207). In: C.M. Renzetti, D.R. Follingstad & A.L. Coker (Eds.). Preventing intimate partner violence: Interdisciplinary perspectives. Bristol, England: Policy Press. Available from the library
Hawkins, S. & Luxton, C. (2014). Women’s access to justice: From reporting to sentencing. London: All Party Group on Domestic and Sexual Violence & Women’s Aid. Available from the library
Creative Interventions Toolkit: A Practical Guide to Stop Interpersonal Violence. Available online (final version now available) (see in particular Section 4F: Taking accountability)
Selected media
Dearth of Māori rehab programmes in prisons questioned, Radio NZ, 19.11.2018
Restorative justice in a Māori community, E-Tangata, 18.11.2018
Restorative justice answers to grim prison stats, Newsroom, 07.11.2018
Tracey McIntosh: investing in state care not state prisons, Radio NZ, 28.10.2018
Fixing the justice system will take a generation, Newsroom, 26.10.2018
Mokopunatanga element needed in justice debate, Waatea News, 23.10.2018
Justice system "in big trouble", Māori Television, 15.10.2018
Criminal justice panel seeking victims' views, Waatea News, 15.10.2018
Justice Minister: 'We can't just keep locking up more and more people', NZ Herald, 15.10.2018
The blame must stop if we're to break the cycle of family violence, Stuff, 26.09.2018
Baby grabbing a colonial abuse, Waatea News, 11.09.2018
Māori Punished in Prison, Waatea News, 06.09.2018
Alison Mau: New Zealand needs to shut down its prisons – or blow them up, Stuff, 26.08.2018
Māori crime problems must be tackled by state - ActionStation, Radio NZ, 10.08.2018
Student docs expose structure of injustice, Waatea News, 04.10.2018
Māori voices collected for justice review, Waatea News, 03.10.2018
Children's commissioner: state care residences must close, Stuff, 01.10.2018
New kaupapa Māori approach for high-risk youth offenders, Māori Television, 01.10.2018
Children's commissioner wants more Maori perspective, Radio NZ, 01.10.2018
No results found.
Please try different keywords or filter options.
Subscribe to our Pānui and our News and Events mailing lists
Never miss an update! Receive the latest news and event information directly to your inbox.