He pitopito kōrero
News
News stories
The regional hui began on 31 January 2021 in Wellington and will continue through February. The hui are taking place in Auckland, Hamilton, Napier, Palmerston North, Nelson, Christchurch, Dunedin and Invercargill.
The purpose of the hui are to help understand key concerns and priorities, to answer questions about the report and its implementation, to inform about the government initiatives, and to outline how communities can contribute.
There are different hui being offered, including hui for all Muslim community, Muslim women, Muslim youth and Pan ethnic/Multi faith.
Andrew Little, Lead Coordination Minister for the Government’s Response, and Priyanca Radhakrishnan, Minister for Diversity, Inclusion and Ethnic Communities will attend the hui. Minister Radhakrishnan said:
“It’s really important to us that we consult widely, including with ethnic communities, so that everyone’s perspectives are heard and considered in the design of the Government’s response. I’m looking forward to hearing from a broad cross-section of New Zealanders because everyone has insights into how we can build a safe and inclusive country for all.”
The Department of the Prime Minister and Cabinet have produced brief information sheets to help people take part in discussions (scroll to the bottom of the page).
Feedback can also be submitted by completing an RCOI (Royal Commission of Inquiry) feedback form. The form can be submitted by email to rcoi@dpmc.govt.nz or by freepost to Hon Andrew Little, Freepost Parliament, Private Bag 18 888, Parliament, Wellington 6160.
For questions about the hui and community engagement email rcoi@dpmc.govt.nz.
Background information
The hui is part of the Royal Commission of Inquiry's work on community engagement.
The Royal Commission investigated the terrorist attack on two Christchurch mosques on 15 March 2019, including what relevant state sector agencies knew about the terrorist before the attack.
The final report from the Commission, Ko tō tātou kāinga tēnei: Royal Commission of Inquiry into the terrorist attack on Christchurch masjidain on 15 March 2019, was publicly released in December 2020. Related publications were also released including a summary of the report, hate speech and hate crime related legislation, a summary of the experiences of affected whānau, survivors and witnesses, and more.
The Government has accepted the findings of the report and agreed in principle to implement all 44 recommendations of the report.
The Government also announced a number of initiatives in response to the report. Several initiatives may be relevant to the family violence and sexual violence sectors, including:
- establishing a National Centre of Excellence to focus on diversity, social cohesion, and preventing and countering violent extremism
- trialling support for young children to improve their self-regulation, resilience, and social skills
- creating a Ministry for Ethnic Communities
- establishing the New Zealand Police programme Te Raranga, The Weave, to respond to hate crime and hate incidents
- strengthening the capacity of the Human Rights Commission
- implementing early intervention to prevent terrorism and violent extremism through the Multi-Agency Coordination and Intervention Programme
- making changes to the incitement provisions in the Human Rights Act, including amending protections against discrimination to explicitly protect trans, gender diverse and intersex people
- extending the Safer Communities Fund
- changing hate speech legislation
For more information see the full list of initiatives.
Commentary on the report including responses from community and advocacy groups are included in the media list below.
Update: In August 2024, the government announced the conclusion of the coordinated cross-government response to the Royal Commission’s Report into the Terrorist Attack on the Christchurch Mosques. Of the Royal Commission report recommendations, 36 have been implemented and 8 will not be progressing. Find information on the progress and decisions for all 44 recommendations in the Department of the Prime Minister and Cabinet | Te Tari o Te Pirimia Me Te Komiti Matua summary March 15 Royal Commission of Inquiry Recommendations Implementation Status.
Links between violent extremism and violence against women
Advocate Anjum Rahman has written:
"One of the initial things that stood out for me is the history of family violence in the life of the terrorist. He was abused by a partner of his mother, to the extent that an “apprehended violence order was taken out” to protect him. In so many cases of mass murder and terrorist attacks, we find family violence featuring in the history of the killer, who has also very often committed violent acts against intimate partners.
This is borne out by the research, as is the fact that misogyny is a feature of “lone actor” attacks. The question is, what are we going to do about this? Adequate resourcing to support children who have suffered violence is still not available. The institutions set up to protect these children have been found sadly wanting. Attempts to counter misogyny are often vigorously resisted.
Who will lead change in this area? The report suggests the Ministry of Social Development lead the work on social cohesion, with strong input by communities, civil society, local government and the private sector. A community empowerment approach is recommended, which means handing over decision-making power to communities."
The Women, Peace and Security: The Sexism and Violence Nexus (2020) research brief highlights the associations between sexist attitudes and violent attitudes and support for or participation in political violence. The authors state:
"The research presented in this brief shows that there is a need to focus our attention on sexist attitudes as well as on discriminatory gender norms. Attitudes matter when it comes to individual decisions to use or support violence. Individuals – both men and women – with hostile attitudes towards women, and towards gender equality in general, are not just more prone to violent extremist views and to intolerance towards other nationalities and religious groups; they are also more likely to actually support violent groups and to participate in political violence."
Researchers at Australia-based Monash University’s Gender, Peace and Security Centre have been examining gender-based approaches to preventing violent extremism and terrorism.
Promundo published Masculinities and Preventing Violent Extremism: Making the Connections (2020), which reviews the literature and research to explore the ways in which harmful masculinities, gender inequality, and violence-supportive attitudes and practices, as well as young men’s identity construction and trauma from their own experiences of violence, influence their engagement in violent extremism.
UN Women has published the guidance note Gender mainstreaming principles, dimensions and priorities for PVE [preventing violent extremism] (2019).
For more international research and resources on the links between violent extremism and violence against women see our previous story.
Related media
End to coordinated terror response ordered within weeks, Newsroom, 07.08.2024
Collins causes ‘shell-shock’ in small Christchurch hall, Newsroom, 03.08.2024
First national hui on counterterrorism to be held in Christchurch in June, Stuff, 13.05.2021
Counter-Terrorism Legislation Bill passes first reading, Beehive media release, 05.05.2021
Countering dominant narratives of NZ’s far right, Newsroom, 21.04.2021
Leading scientists call for public report of risks facing NZ, Stuff, 20.04.2021
New Zealand's terror list needs to be expanded - experts, RNZ, 22.03.2021
Spy agency releases full internal report into Christchurch terror attack, RNZ, 22.03.2021
Listen to those targeted by the hate groups, Stuff, 18.03.2021
Next steps in Government’s ongoing work with March 15 survivors, Beehive media release, 12.03.2021
Two years on, there are still pockets of hate. And there are beams of light, The Spinoff, 15.03.2021
Mosque attacks: Ardern highlights $1m community engagement fund, RNZ, 15.03.2021
Why aren’t police on the lookout for extremism?, Newsroom, 09.03.2021
'We need to see changes to institutions' - Islamic Women's Council, RNZ, 03.02.2021
Christchurch mosque shootings hui: interfaith advocate calls for apology, RNZ, 02.02.2021
Young Muslims want more than 'tick-box' exercise from govt, RNZ, 02.02.2021
Hui with government short notice but focused, Muslim leader says, RNZ, 30.01.2021
Series of hui on Christchurch mosque attack Royal Commission report to begin, RNZ, 29.01.2021
The terror attack was on all of us; the solutions must involve everyone, Newsroom, 21.01.2021
Online safety laws lagging by a decade, Newsroom, 19.01.2021
Podcast: Widows of Shuhada, RNZ, series of podcasts published in 2020
'Racism is well and alive' in New Zealand - Race Relations Commissioner, RNZ, 24.12.2020
A chance to make hate attacks criminal, not political, Newsroom, 14.12.2020
Policing hate: What are the proposed changes and will they make a difference?, Stuff, 12.12.2020
NZ embarks on quest for ‘social cohesion’, Newsroom, 11.12.2020
Royal Commission Report, Press Release: Islamic Women's Council of New Zealand, Scoop, 08.12.2020
Jacinda Ardern promises to close 'gaps in hate speech legislation', RNZ, 09.12.2020
Aotearoa New Zealand research
The Ministry of Justice has recently published an infographic Experience of crime by sexual orientation highlighting statistics about lesbian, gay and bisexual (LGB) people's experiences of crime. The data, which are drawn from the Ministry’s annual New Zealand Crime and Victims Survey (NZCVS), show that LGB adults are more than twice as likely to experience intimate partner violence (IPV) and/or sexual violence (68% of bisexual adults and 57% of lesbian or gay adults have experienced IPV and/or sexual violence) compared to the NZ average (29%) based on the NZCVS. For more information see the Ministry of Justice news story and media release.
Te Whāriki Takapou, in collaboration with Te Kotahi Research Institute and the University of Waikato, launched research findings from the Honour Project Aotearoa in November 2020. The project investigated Kaupapa Māori strengths-based understandings of health and wellbeing in relation to takatāpui/Māori LGBTQI+ communities. The research did not specifically ask questions about family or sexual violence but did ask about general experiences of violence. The research found that 49% of people surveyed reported they had ever experienced violence or the threat of violence because they are takatāpui and Māori LGBTQI+. Of those, the most common forms of violence were physical, sexual, psychological and emotional abuse. The research also explored concepts of health and wellbeing. Participants rated whanaungatanga or relationships, having a home to live in, feeling connected, and having a strong sense of their identity (cultural, sexual and gender identities) as most important for their health.
Previous Aotearoa New Zealand research and reports about experiences of violence in the Rainbow community and providing support include:
Counting ourselves: The health and wellbeing of trans and non-binary people in Aotearoa New Zealand (2019)
Supporting Aotearoa’s rainbow people: A practical guide for mental health professionals (2019)
Reports and fact sheets from the Hohou Te Rongo Kahukura - Outing Violence project (2016-2017)
Growing up takatāpui: Whānau journeys (2017) and Takatāpui: Part of the whānau (2015)
Doing our best for LGBTIQ survivors (2016)
You, me / us from the It's Not Ok Campaign (2015)
For more information see our related stories below and the NZ Human Rights Commission report PRISM: Human Rights issues relating to Sexual Orientation, Gender Identity and Expression, and Sex Characteristics (SOGIESC) in Aotearoa New Zealand - A report with recommendations (2020).
Australian research and reports
Researchers from the Australian Research Centre in Sex, Health and Society at La Trobe University in Australia asked more than 6800 LGBTIQ adults aged 18 and over about their relationships, families and more. The researchers included specific questions about IPV and sexual violence. The Private lives 3: the health and wellbeing of LGBTIQ people in Australia, published in November 2020, summarised findings from the research. When participants were asked about general experiences of abuse, 41.7% reported ever being in an intimate relationship where they felt abused in some way by their partner and 38.5% reported ever feeling abused by a family member. When asked about experiences of specific forms of violence and abuse, participants reported higher rates: 60.7% reported ever experiencing at least one form of IPV and 64.9% reported ever experiencing at least one form of family violence. In addition, 48.6% of participants reported ever being forced or coerced into sexual acts.
The researchers highlighted:
"It is notable that the proportions of participants who reported having ever experienced intimate partner or family violence were higher than in previous studies. This is likely due to PL3 having provided a comprehensive list of different forms of violence as response items. These items were developed to measure a more diverse range of forms of violence and utilise more inclusive definitions of family and partners that better reflect the diverse communities of PL3 than other surveys in Australia. This approach may have gone some way towards helping to address previous literature that has observed differing levels of self-identified intimate partner violence and subsequent under-reporting."
Only 28% of participants from the Private Lives 3 survey who reported having ever experienced family or intimate partner violence said they reported the incident to a professional service at the most recent time the incident occurred. Participants were most likely to report the incident to a counselling service or psychologist (18.7%) with only 5.9% reporting the incident to police, and only 45% of those feeling supported.
Equality Australia and the Centre for Family Research and Evaluation surveyed more than 2,600 LGBTIQ+ people in Australia about their experiences of domestic and family violence in the previous 12 months. The research report, There’s no safe place at home was published in December 2020 and summarises findings from the research. The researchers found that 12.2% of LGBTIQ+ respondents were at risk of domestic and family violence based on their experiences in the last 12 months. The research also found that specific groups within the LGBTIQ+ community reported a higher risk of experiencing domestic or family violence including people under the age of 25, trans and gender diverse people, and people with disabilities and chronic health conditions.
The 2017 Victorian Population Health Survey also asked LGBTIQ+ people about experiences of family violence in the previous two years. See the report The health and wellbeing of the lesbian, gay, bisexual, transgender, intersex and queer population in Victoria: Findings from the Victorian Population Health Survey 2017, published in September 2020.
Rainbow Health Victoria published the Pride in Prevention: A guide to primary prevention of family violence experienced by LGBTIQ communities in June 2020. The guide provides an overview of the drivers of violence, looks at frameworks for change and outlines initial priorities for intervention.
Other international research
The journal article The Dark Side of the Rainbow: Queer Women's Experiences of Intimate Partner Violence (2020) summarises findings from a review of qualitative articles that looked at IPV in female same-gender relationships. The researchers looked at barriers to help and support, themes within experience of IPV and recommendations for helping professionals.
Related news
The United Nations Human Rights Office of the High Commissioner launched a free online course on the Human Rights of LGBTI People (2020). It is an introductory course designed for UN staff, State officials, civil society organizations, national human rights institutions and other stakeholders. It covers key terms and concepts related to LGBTI people, harmful myths and stereotypes, human rights violations faced by LGBTI people, the role of the UN and steps that UN officials and others can take to tackle violence and discrimination against LGBTI people.
Related media
Conversion therapy ban petition: Takatāpui 'inherent to our culture', RNZ, 08.03.2021
Queer ethnic youth facing harassment and rejection from community – report, Stuff, 02.03.2021
Survey reveals higher risk of sexual violence for gay, lesbian or bisexual people, RNZ, 15.01.2021
Report trans discrimination, Human Rights Commission urges, RNZ, 17.11.2020 (part of the RNZ Here We Are series about trans mental health)
Mātauranga Māori needed to counter takatāpui discrimination, Waatea News, 17.11.2020
A century of sexual abuse victimisation: A birth cohort analysis (2021), authored by University of Auckland researchers Janet Fanslow, Ladan Hashemi, Pauline Gulliver and Tracey McIntosh, has found that one in six New Zealand women experience sexual violence from an intimate partner during their lifetime. This rate has not changed since 1938. Their research also found that rates of child sexual abuse and non-partner sexual assault seem to have declined slightly but are still high at 1 in 5 for child sexual abuse and 1 in 14 for non-partner sexual assault.
"The lack of change for the lifetime prevalence of sexual IPV (1 in 6) over the past century highlights the need for prevention efforts to be comprehensively implemented and enhanced. Our findings that the prevalence of two other forms of sexual abuse (i.e. lifetime non-partner, and 12-month intimate-partner sexual abuse) were also lowest for the most recent birth cohorts is encouraging, as it indicates that change is possible. However, despite signs of declining rates of CSA [child sexual abuse] for more recent birth cohorts, the overall rates of sexual abuse reported still warrant urgent attention."
The research used data from a 2003 New Zealand Violence Against Women study* of 2,855 women in Auckland and the Waikato and a 2019 New Zealand Family Violence study** that included 1464 women in Auckland, Northland and the Waikato. The women were asked questions about their experiences of sexual abuse.
The researchers also looked at how the social and political context over a century may have influenced the prevalence rates. They created a timeline of events, policies, social change and social movements, policy shifts and service delivery that may have influenced the reported prevalence of sexual abuse.
In their conclusion the authors highlight national calls for efforts in prevention, saying these "have not yet been answered."
“As men are the primary perpetrators of violence against women, and particularly of sexual abuse, prevention efforts need to engage men and boys. Internationally, there is evidence of the effectiveness of these prevention strategies, if properly funded, and implemented widely.”
In a media statement, lead researcher and New Zealand Family Violence Clearinghouse Co-Director Janet Fanslow said the research demonstrated the “need for prevention efforts involving men to be comprehensively implemented and enhanced.”
More information about the 2019 New Zealand Family Violence Study is available in the article Methods for the 2019 New Zealand family violence study- a study on the association between violence exposure, health and well-being (2021). Additional research outcomes from the NZ Family Violence Study are expected to be published in future journal articles.
*The 2003 research was funded by the Health Research Council (HRC).
**The 2019 research was funded by the Ministry of Business, Innovation and Employment (MBIE).
Related news
The Prevention of Family and Sexual Violence Briefing to the Incoming Minister (2021) noted that less than 1.9% of the government's expenditure on family violence and sexual violence in 2018/19 was for primary prevention.
The Ministry of Justice published infographics on the Experience of Crime by Sexual Orientation (2021) using data from the Ministry of Justice New Zealand Crime and Victims Survey (NZCVS). It highlights that LGB (lesbian, gay and bisexual) adults are more than twice as likely to experience intimate partner violence and/or sexual violence in their lifetime. See the Ministry of Justice media release for more information.
Related media
Claims that sexual violence bill will harm Māori are unfounded, Stuff, 01.07.2021
Sexual violence study prompts call for consent education for men, boys, RNZ, 15.01.2021
He'll Be Right: How to be a modern man, Stuff Podcast
He'll Be Right: There is no ‘essence of man’ – masculinity's a contradictory mess, Stuff, 23.01.2021
Minister Davidson is the Minister for the Prevention of Family and Sexual Violence, a new ministerial position.
The Prevention of Family and Sexual Violence Briefing to the Incoming Minister provides an overview of the government's cross agency work to eliminate family violence and sexual violence through the Joint Venture.
The briefing highlights focus areas for the Joint Venture. It notes that the Joint Venture will provide advice and seek guidance from the Minister on key opportunities to progress and continue working towards a whole-of-government FVSV response. This will include:
- "National Strategy and Action Plan: stakeholder engagement across Government, the wider FVSV sector, whānau and communities.
- Developing an enduring Māori-Crown partnership, stakeholder advisory group(s) and the JV approach.
- Providing better integrated local community responses to FVSV.
- Government priorities for Budget 2021, building on the past two Budgets that invested in the long-term sustainability of the FVSV system."
In relation to Māori-Crown partnership, the briefing states:
"For any response to be effective, an open, honest and equal partnership with Māori that upholds Te Tiriti o Waitangi is needed. Our engagements with Māori need to enable tino rangatiratanga/self determination by ensuring that Māori have the opportunity to develop their own responses."
It also notes that:
"An Interim Te Rōpū (ITR) was established by Cabinet in 2018 to partner with the JV. Developing a Māori-Crown partnership was undertaken at the same time as growing a JV partnership. There are lessons from this to take into enduring forms of governance and advisory structures both with Māori and key groups in the FVSV system which are still to be established. These will solidify partnership with Māori and ensure the views of the FVSV sector and people with lived experience are embedded into the work of the JV."
The briefing provides a high-level overview of progress of the Joint Venture, highlighting areas that need increased focus, such as primary prevention:
"Programmes such as E Tu Whānau, It’s Not Okay, Pasefika Proud (MSD) and Mates & Dates (ACC) have laid the foundations for primary prevention and proven its overall effectiveness. However, there is still a lack of emphasis on primary prevention across the system, accounting for less than 1.9% of government FVSV expenditure in 2018/19. Stopping violence altogether will take time and require a significant collaborative effort along with a clear National Strategy and Action Plan to make this a reality."
It also provides examples of three system 'unifying factors' to support whole-of-system transformation: partnership with Māori, data and insights, and workforce capability.
The final section of the briefing covers 'immediate opportunities to demonstrate real transformational change'. While some of this section is redacted, key areas listed include:
- a national strategy
- interim advisory and governance arrangements for the Joint Venture to create a Treaty partnership and build relationships
- empowering community responses
- translating priorities into action through Budget 2021 and future budgets.
See the Beehive website for all Briefings to Incoming Ministers. Many relate to family and sexual violence. The NZ Herald provided a broad overview of key BIMs.
Several organisations from the community sector have publicly shared their briefings to incoming ministers, including:
- Te Ohaakii a Hine – National Network Ending Sexual Violence Together (TOAH-NNEST)
- Social Service Providers Aotearoa
- Age Concern New Zealand
- New Zealand Council of Christian Social Services
Related news
The December 2020 Joint Venture Work Programme Update included a welcome statement from Minister Davidson, saying:
"I am keenly aware from my conversations with the sector that Government cannot solve this problem on its own by imposing top-down solutions on communities. This approach has failed victims and survivors in the past, and in particular it has not worked for Māori. I hope to increasingly centre te ao Māori leadership in our response to family violence and sexual violence. Māori are far more likely to be harmed and far less likely to be able to access the support they need. A Crown-led response has not worked for Māori, but there are increasing examples of Māori-led responses to violence that are working to end the normalisation of violence while enhancing everyone’s mana.
To achieve a vision of people being able to access support when they need it it’s clear that we need crisis services, refuges and the many other organisations to be resourced and empowered to deliver high-quality frontline public services. Last term made significant progress in this area, but I am aware there is much more work to do."
Minister Davidson also spoke about her initial priorities:
"There are a number of clear priorities for me over the coming year. This includes delivering the national strategy, progressing the Sexual Violence Legislation Bill, supporting the sector to lift workforce capability, and supporting integrated community responses to family violence and sexual violence. A huge priority for me is to shift our focus to increasing and improving preventions and long-term restoration initiatives, designed and led by community and families."
Newsroom has previously reported that Minister Davidson has said she expected a national strategy on family and sexual violence to go to Cabinet for approval in February or March 2021, and out for public review by April 2021.
The Joint Venture update also included information on:
- Work started on violence prevention for diverse communities
- Improving court experiences for people affected by family violence and sexual violence
- Resources from E Tū Whānau.
You can view past updates or sign up to receive the email updates direct to your inbox by emailing the Joint Venture Business Unit: familyandsexualviolence@justice.govt.nz.
The December 2020 Ministry of Social Development Family violence and sexual violence service provider update covers the following topics:
- Family Violence Response Coordinators (FVRC) hui
- COVID-19 funds and support
- Ministry of Justice work to improve the court experience for people affected by family and sexual violence
- Holiday season — It’s not OK campaign
- Safe Bubble campaign wins EFFIE impact award
- Whānau voices — progress in building resilience
- Elder Abuse Response Services — a proposed strategy
- Nga Vaka o Kāiga Tapu train kaimahi
Read all past service provider updates and sign up to receive future updates on the MSD website.
Related media
Sexual violence study prompts call for consent education for men, boys, RNZ, 15.01.2021
The Clearinghouse will be closed for the holiday break after Wednesday 23 December 2020. We will reopen on Monday 11 January 2021.
Seeking help
Contact details for support services are provided on our website.
The It's Not OK Campaign has lots of information about how to help including danger signs and suggestions for what to say or do if you are concerned about someone. The Campaign has previously put out these holiday messages:
Please remember that community outbreak of Covid-19 remains a risk in Aotearoa New Zealand. Please continue to maintain good hand hygiene, stay home if you are unwell and use the Covid-19 Tracer app. Our Covid-19 portal remains active on our website with resources for whānau, communities and services.
We wish everyone a safe, happy and healthy break.
Related News:
Prepare for a short lockdown while on holiday, pack a 'Covid kit', Government warns
In his opening statement for the report, Children’s Commissioner Andrew Becroft says:
"Our call, and the key recommendation in this report, is for a total transformation of the statutory care and protection system. By that I mean nothing short of a ‘by Māori, for Māori’ approach and a transfer of responsibility, resources and power from the state to appropriate Māori entities, as determined by Māori."
He goes on to say:
"That said, there is much Oranga Tamariki can do immediately to prioritise and improve delivery of services to tamariki Māori. This report includes several recommendations for change that can begin today. But I want to stress that these are not destinations and, on their own, are not enough. They provide a steer for changes needed to keep mokopuna safe, in the broadest sense, in the intervening period. The by Māori, for Māori approach is the overarching goal."
Chief Māori Advisor to the Office of the Children’s Commissioner Dr Kathie Irwin says in her opening statement to the report:
"Radical disruptive change will only be created if systemic change is undertaken. Te Tiriti / the Treaty must be used as a framework – partnering with whānau, hapū, iwi and Māori entities as determined by Māori. Mātauranga Māori must be prioritised and working with kaupapa Māori drivers in any business modelling should aim to create Treaty-based, future-proofed, sustainable change that does not constitute the next Treaty breach."
The report, Te Kuku O Te Manawa: Moe ararā! Haumanutia ngā moemoeā a ngā tūpuna mō te oranga o ngā tamariki (OCC, 2020), has two main two parts.
The first part shares findings from additional kaupapa Māori research building on the initial research in the first report. This additional research includes interviews with a new group of parents and whānau, midwives, community support people, and Oranga Tamariki staff. The OCC also took a deeper look at data and looked at relevant rangahau and mātauranga Māori (research and indigenous knowledge).
The second part of the report looks at changes to social work practice and legislation that are required to stop harm now, and ultimately support transition to by Māori, for Māori approaches.
The report concludes with four main recommendations. Under each recommendation the report outlines steps for change. The first and overarching recommendation is for the Prime Minister and Cabinet to commit to transfer power and resources from Government to enable a by Māori for Māori approach.
The remaining three main recommendations focus on actions to support pēpi and whānau through this transformational change and to stop harm that is happening now from the care and protection systems, policies and practices. These three recommendations focus on:
- changes to statutory social work policy and practice
- changes to the contracting process and increases in funding and support to iwi and Māori organisations, and support and resource a transition pathway
- the Minister for Children drive changes to legislation and Oranga Tamariki change the current systems including work with other social sector agencies, District Health Boards and police.
In addition to the full report, brief At A Glance versions are available in English and Te Reo Māori. Also see the OCC media release.
RNZ interviewed the Children's Commissioner Andrew Becroft and Assistant Māori Commissioner for Children Glenis Philip-Barbara about the report.
New Minister for Children, Kelvin Davis, was interviewed about the report on One News and Waatea News.
Oranga Tamariki has issued a statement in response to the OCC report.
See the media below for commentary from iwi and Māori leaders and advocates.
Related news
Media have reported that Oranga Tamariki CEO Grainne Moss acknowledged structural racism in the care and protection system and the failure of the Crown to implement recommendations of Pūao-te-Ata-tū in her submission to the Waitangi Tribunal urgent inquiry examining the practices of Oranga Tamariki. See the media below for more reports from submissions to the Waitangi Tribunal inquiry. See the Oranga Tamariki website for their responses to the ongoing reviews of the care and protection system. Oranga Tamariki has published a number of briefs and data summaries related to the care and protection system including a number of reports related to disparities experienced by tamariki Māori. For more information see the following sections of the Oranga Tamariki website: Analytics and insights, Reports to the Minister for Children and Research articles.
The Royal Commission into Historical Abuse in State Care and in the Care of Faith-Based Institutions has submitted an interim report to the Government. Cabinet will consider when to publicly release the report. The Royal Commission has continued to hold hearings. See the media below for recent updates on the inquiry.
In September 2020, the Government announced a new whānau-centred early intervention programme, Ngā Tini Whetū. The programme is a collaboration between Oranga Tamariki, Te Puni Kōkiri, ACC and the Whānau Ora Commissioning Agency. Whānau Ora Chief Executive Officer John Tamihere said “This is the first step in taking responsibility for our own welfare and challenges."
In September 2020 the Department of the Prime Minister and Cabinet (DPMC) published a briefing and monitoring report on the Implementing the Child and Youth Wellbeing Strategy for July 2019-June 2020. Children's Commissioner Becroft said “This report tells the story of some important but, first steps forward on a much bigger journey to implementation. I look forward to seeing them followed up with the big bold changes in the future necessary for fundamental improvement.”
Related media
Royal Commission into Abuse in Care releases interim report, RNZ, 16.12.2020
As many as 250,000 children could have been abused in state care - report, Stuff, 16.12.2020
'A lot of abuse took place there': State care institutions vanished from records, Stuff, 16.12.2020
Oranga Tamariki ‘review’ did not contact foster parents, Newsroom, 15.12.2020
Oranga Tamariki immediately suspends 'reverse uplifts', Stuff, 14.12.2020
Oranga Tamariki deputy head Hoani Lambert has resigned, chief executive confirms, RNZ, 14.12.2020
Te Upoko iwi sign up for Oranga Tamariki partnership, Waatea News, 03.12.2020
‘How we halted a reverse uplift by Oranga Tamariki’, Newsroom, 07.12.2020
Carers: Oranga Tamariki adds to the trauma, Newsroom, 01.12.2020
Davis demands formal review of Oranga Tamariki uplift, Newsroom, 30.11.2020
Moss a drag on child protection reform, Waatea News, 30.11.2020
The collateral damage of ideologically-driven uplifts, Newsroom, 27.11.2020
Court orders Newsroom to remove Oranga Tamariki video, Newsroom, 27.11.2020
Why such resistance to finding whānau-led solutions for at-risk children?, Stuff, 26.11.2020
Grainne Moss clings on as Crown admits structural racism, Newsroom, 25.11.2020
Children's report chance for transformational change, Waatea News, 24.11.2020
Children's Commission report lays ground for resource fight, Waatea News, 24.11.2020
Oranga Tamariki report: Midwives and support workers detail heartbreak of whānau, RNZ, 23.11.2020
Inquiry: Turn child protection over to Māori, Newsroom, 23.11.2020
Oranga Tamariki report looms from children's commissioner over Māori baby uplifts, Stuff, 20.11.2020
Glenis Philip-Barbara: Stepping up for Māori kids, E-Tangata, 15.11.2020
Power and devolution: the final chapter of the Oranga Tamariki inquiry, The Spinoff, 02.11.2020
Oranga Tamariki roots in assimilation policies, Waatea News, 30.10.2020
Power transfer from Oranga Tamariki must be radical, Waitangi Tribunal told, RNZ, 28.10.2020
‘Walk away from it. Create something that beats like your own heart.’, Newsroom, 27.10.2020
Taking Māori babies after birth 'cruel and inhumane' - Māori midwives head, RNZ, 27.10.2020
Name changes but attacks on whanau Māori continue, Waatea News, 23.10.2020
Kaupapa Māori not valued at Oranga Tamariki, social workers say, RNZ, 21.10.2020
Defending state abuse: Follow the money, Newsroom, 20.10.2020
Abuse in state care: Taking on the Crown, Newsroom, 16.10.2020
Oranga Tamariki: How far has it come and where does it need to go from here?, Stuff, 16.10.2020
Abuse, torture and a deep state campaign of denial, Newsroom, 15.10.2020
Assistant Māori Commissioner for Children appointed for first time, RNZ, 07.10.2020
Whānau-centred project aims to reduce chances of harm to children, Stuff, 25.09.2020
The Government introduced the Family Court (Supporting Children in Court) Legislation Bill on 6 August 2020. This is an omnibus bill that would amend the Care of Children Act 2004 and the Family Dispute Resolution Act 2013. The bill has a number of provisions related to family violence and child custody, taking into account the rights of the child.
The Bill has been referred to the Justice Committee who is calling for submissions.
The Justice Committee press release states:
"This bill aims to enhance child wellbeing in care-of-children proceeding. It would do so by making changes to court processes, and by requiring lawyers to take steps to resolve disputes by promoting conciliation."
The Committee also states:
"The changes would reinforce existing expectations about giving emphasis to the view of the child, giving better effect to children’s rights under the United Nations Convention on the Rights of the Child.
The bill proposes to set expectations that children will be provided with opportunities to make inputs on decisions relating to their care. It would also require family violence to be taken into account for all decisions relating to the care of a child.
The bill also proposes to set new expectations for the appointment of lawyers representing children in the family court. The court would have to consider a lawyer’s personality, cultural background, training, and experience when appointing a lawyer to represent a child. The bill would also require a lawyer representing a child to explain the proceedings to the child in a manner that the child is able understand, when possible."
Submissions can be made online until 28 February 2021.
Update: The Justice Committee has submitted their final report on the bill recommending by majority, that it be passed with amendments. The bill received Royal Assent in August 2021. The date the bill will come into effect is either a date appointed by the Governor-General by Order in Councilor a date that is 2 years after the date on which the Act receives the Royal assent (see Clause 2 of the legislation).
More information
When the Bill was introduced, former Minister of Justice Andrew Little said the Bill was a result of the final report of the Independent Panel examining the 2014 family justice reforms, Te Korowai Ture ā-Whānau (2019).
At the first reading of the Bill, new Justice Minister Kris Faafoi said:
"This Government is committed to continuing to strengthen the Family Court process, and this bill forms part of a long-term programme of change focused on improving access to justice for children, parents, and whānau who are involved in disputes over the care of children. The bill is intended to enhance child wellbeing and care of children cases both directly and by assisting parents to resolve parenting disputes. It will enhance children's participation in proceedings that affect them and help to ensure that children feel supported and informed as they move through the Family Court process. It will also extend lawyers' duties in the care of children proceedings, as well as reinforcing expectations that people should be protected from family violence. In fact, the United Nations Convention on the Rights of the Child says that children's participation in decisions that affect them is a fundamental right and this bill will effect that."
Related news
Jennifer Braithwaite has been awarded the inaugural Borrin Foundation Justice Fellowship to research children and young people’s access to justice in Aotearoa New Zealand. Her research will involve focus groups with children and key informant interviews with people working with children including lawyers for the child, youth advocates, the community law sector, community organisations working with and advocating for children and young people, and academics.
The Social Services and Community Committee is calling for submissions on Supplementary Order Paper (SOP) 538 related to the Child Support Amendment Bill. The call for submissions states: "The SOP contains proposed amendments to repeal incremental penalties and simplify the rules for writing off child support penalties." Submissions are only open on the SOP. A closing date for submissions has not yet been set.
Related media
Dames say their concerns ignored by top Family Court judge, RNZ, 12.11.2021
Feeling belittled and marginalised in the Family Court, Newsroom, 30.08.2021
Sexual violence strategy: ‘Fighting four decades of status quo’, Newsroom, 03.12.2020
Violence Against Women and Children in Aotearoa New Zealand w/ Dr. Debbie Hager, 95bFM, 12.10.2020
Charlotte (Rangitāne o Wairau/Pākehā) joins NZFVC having recently completed a PhD in sociology at the University of Auckland. Her research examines the impact of recent government policy shifts on the provision, funding and regulation of community provided social services in Aotearoa New Zealand. She also has a particular research interest in Māori social policy, having completed a Masters looking at the evolution of the Whānau Ora approach to social service delivery. Prior to completing her PhD she worked with WAVES Trust as a research analyst and family violence network coordinator.
Charlotte looks forward to getting out and about and reconnecting with the wider family, whānau and sexual violence sectors from late January. In the meantime please do not hesitate to get in touch to say hello. You can contact her at charlotte.moore@auckland.ac.nz.
Judge Taumaunu introduced the model in giving the Norris Ward McKinnon lecture in November 2020. Judge Taumaunu said the Te Ao Mārama model is the District Court's response to calls for transformative change. He said that Te Ao Mārama means the 'world of light' or the 'enlightened world.' He said:
"I suggest that the calls for transformative change as they relate to the District Court could be translated as a concerted call to move towards a more enlightened world, to move towards te ao mārama, not just for Māori, but for all people of all ethnicities and from all cultures who are affected by the business of our court. This is because, modern day Aotearoa New Zealand is a multi-cultural and vibrant society with two founding cultures bound together by the principle of partnership based on the Treaty of Waitangi. In modern thinking, the vision of hope that is expressed in the Treaty relationship now extends to include all Māori and non-Māori New Zealanders regardless of culture or ethnicity. Hence the all-inclusive nature of the vision for the District Court as a place where all people can come to seek justice, no matter what their means or ability and regardless of their ethnicity or culture, who they are or where they are from.
The District Court response to the calls for transformative change will be known as the 'Te Ao Mārama model'. Inspired by a simple idea; in essence, the Te Ao Mārama model signals a deliberate intention on the part of the District Court to move 'towards a more enlightened world' for the benefit of all people of all ethnicities and cultures who are affected by the business of our court.
This vision and move by the District Court will, of course, still mean that offenders will be held accountable and responsible, that the Sentencing Act 2002 will continue to be applied, and that principled and lawful sentences, including imprisonment, are imposed. But we hope that this occur in an environment where more well-informed decisions can be consistently made, based on better information, with better informed participants, and better understood processes."
In his address, Chief Judge Taumaunu highlighted that the four decades of calls for transformative change to the criminal justice system have "largely been left unanswered." He said "The underlying message is that our courts are failing to understand or protect those who appear before it or who are affected by the business of the court."
He highlighted the punitive focus of the criminal justice system, the disconnect from tikanga, the lack of involvement of whānau and victims in criminal proceedings, the lack of support and protection for victims, and increasing delays in criminal trials.
The Te Ao Mārama model will build on practices developed in specialist courts including:
- Infusing te reo and tikanga Māori
- Improving information available to judges
- Active and involved judging
- Toning down formalities
- Community involvement
- Interagency coordination
- Focus on addressing drivers
- Consistency of personnel.
The model will be designed in partnership with iwi and local communities. This partnership is intended to allow courts to be designed to fit the specific needs of each community. It is not a one-size-fits all approach.
The Te Ao Mārama model will be rolled out in Hamilton in 2021. Part of the new model for this Court will be to add a care and protection stream from the Family Court jurisdiction. The Care and Protection Alcohol and other Drug Treatment (AODT) stream will focus on young mothers with addictions who have or are at risk of having a child removed from their care, and as a result have come to the attention of the Family Court. Judge Taumaunu said "It is envisioned that the Care and Protection Stream of the AODT Court should enable mothers to retain care of their children, with the wraparound support that is required to ensure this is plausible."
Principal Family Court Judge Jacquelyn Moran has released a statement about the new AODT Court care and protection stream saying:
“The Care and Protection AODT stream also provides an alternative type of intervention at a time the Family Court is forging new community partnerships for retaining whānau, hapū and iwi connections and building confidence in achieving the safe return of vulnerable babies and children to their whānau, and averting the need to separate them in the first place.”
For a brief summary about the Te Ao Mārama model see the Statement from the Chief District Court Judge.
Related news
Te Korimako Legal Education has developed a series of 13 videos to explain parts of the law relating to Oranga Tamariki - Ministry for Children, family violence and care of children. The short videos cover a range of topics and can be viewed for free on the Te Korimako Facebook page. Te Korimako is an initiative to train and educate Iwi and Māori social service providers to assist whānau who come to the attention of Oranga Tamariki to navigate the care and protection process, including in the Family Court.
Media outlet Newsroom has reported on the Government's work to develop "adverse incident" learning systems to inform criminal justice reform. The purpose of this system would be to review and respond to criminal justice "adverse events" (or cases) focusing on interagency or system-wide issues. Journalist Laura Walters cites Cabinet briefing papers released through an Official Information Act request which provide further detail.
Related media
Iwi Aspires To Improve The Justice System To Support Whānau, Ngāti Kahungunu Iwi Inc media release, 09.05.2024 (see more about Ngāti Kahungunu mahi with Te Ao Mārama and their report Te Ao Mārama ki te Matau-a-Māui - The Undiluted Voices of Whānau - September 2023)
Update on Te Ao Mārama, NZ Law Society News, 18.02.2021
Vision of a new district court where everyone's words are heard, Stuff, 18.01.2021
District Court Judges appointed to ease post lockdown caseload, Beehive press release, 16.12.2020
District Court overhaul: Hope for victims, offenders, Newsroom, 16.11.2020
Chief District Court Judge announces new approach to how district courts operate, RNZ, 12.11.2020
Raft of changes announced by chief judge for nation's district courts, Stuff, 12.11.2020
Whaea Michelle, navigator of the Family Violence Court, The Spinoff, 24.11.2020
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.