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UN concluding observations
The UN Committee on the Rights of the Child released their Concluding observations on the sixth periodic report of New Zealand (CRC/C/NZL/CO/6) in February 2023. While acknowledging some positive achievements, the Committee raised a number of concerns about New Zealand's work to implement the UN Convention on the Rights of the Child (UNCROC).
Specific to violence against children,
"...the Committee remains seriously concerned about the persistent rates of abuse and neglect of, and violence against, children, particularly domestic violence, noting the higher risk faced by Maori, Pasifika and lesbian, gay, bisexual, transgender and intersex children, and children with disabilities. It is further concerned about the limited access to child-friendly reporting channels, physical and psychological rehabilitation and health services, including mental health services, that are available to children who have suffered violence, trauma or abuse."
The Committee also highlighted discrimination and the link to violence and impacts to children's rights, stating:
"The Committee is deeply concerned that discrimination persists against children in situations of vulnerability, including Maori and Pasifika children, children in out-of-family care and children with disabilities, noting especially their restricted ability to benefit from basic services, including education, health and protection, and to enjoy an adequate standard of living. It further notes with deep concern their exposure to higher risks of suicide and of experiencing sexual and domestic violence, school bullying, mental distress, homelessness and transient housing situations. The Committee further takes note of the information provided that the Bill of Rights Act 1990 and the Human Rights Act 1993 prohibit discrimination from the age of 16 only."
They highlighted specific risks of violence to children with disabilities, saying:
"The Committee is deeply concerned that children with disabilities are at higher risk of violence and abuse, and that their families disproportionately experience deprivation, poverty and inadequate housing conditions."
The Committee also highlighted concerns specific to Māori children, stating the Committee was:
"...deeply concerned, however, about the inequitable survival and development outcomes for Māori children, including the disproportionate mortality rate for Māori infants and the suicide rate of Māori youth, the overrepresentation of Maori children who are victims of homicide, family violence, child abuse and neglect, and the number of Māori children in State care and in conflict with the criminal justice system."
Urgent recommendations
The report includes more than 80 recommendations calling on the Government to address children's rights in Aotearoa New Zealand. The Committee highlighted 7 areas where "urgent measures must be taken," to address:
- structural discrimination against children, specifically addressing racism and the exclusion of children under age 16 from the protection of the Bill of Rights Act 1990 and the Human Rights Act 1993 (paragraph 16)
- high rates of abuse, neglect and violence experienced by children (paragraph 24)
- policies and procedures related to removing children from their family, and children's rights in out-of-home care (paragraph 28)
- rights and needs of children with disabilities (paragraph 31)
- the significant proportion of children who live in poverty and experience food insecurity and severe housing deprivation (paragraph 35)
- the root causes of vulnerability experienced by Māori children and their families, and the right to identity for Māori children and finalise the national action plan against racism and the action plan on the UN Declaration on the Rights of Indigenous Peoples (paragraph 40)
- bringing the child justice system in line with UNCROC (paragraph 43).
Several of these areas include multiple recommendations. For example, under violence against children, the Committee recommended improving data collection, adequately resourcing the Action Plan for Te Aorerekura, access to services for children who are victims of violence, mandatory reporting, and investing in culturally-specific, community-based initiatives.
Other relevant recommendations
In addition, the Committee made 2 recommendations addressing the Government's changes to the role of the Children's Commissioner and the process for monitoring and making complaints related to Oranga Tamariki (paragraph 12). These included that the Children and Young People’s Commission should be fully resourced and children should have the ability to report violations of their rights.
The Committee made 4 recommendations that relate to children's rights for their views to be heard in proceedings related to Family Court and Oranga Tamariki (paragraph 19), including:
- ensure children’s right to have their views heard in processes such as custody cases, child welfare decisions and cases concerning criminal justice, immigration and the environment
- assess the legislative amendments which mandate consultation with children including the Oranga Tamariki Act 1989 (section 5 (1) (a)), the Children’s Act 2014 (section 6D), the Care of Children Act 2004 (section 6) and the Education and Training Act 2020
- require independent children’s lawyers to have direct contact with the children they represent in the family courts
- facilitate children’s access to a complaints mechanism when their right to be heard is violated in judicial and administrative proceedings, and facilitate access to an appeals procedure.
Oranga Tamariki has commented "These Concluding Observations span a broad range of government portfolios and agencies, and they provide a guide on how Aotearoa New Zealand can further improve the lives of tamariki and rangatahi. Each recommendation will be carefully considered..."
Reports from Children's Commissioner and non-government agencies
As part of the monitoring process, other individuals and organisations submit reports to the UN Committee to consider.
In the NZ Children's Commissioner's Report to the UN Committee on the Rights of the Child - 2022, Children's Commissioner Judge Frances Eivers identified 3 priorities including inclusive and equitable education for mokopuna, prioritising the mental wellbeing of mokopuna, and ending family violence and helping families heal. Specific to family violence, the Commissioner recomends the Government "Ensure mokopuna and their whānau are active partners in the design and delivery of Te Aorerekura."
The Children's Rights Alliance also submitted a Comprehensive Alternative Report on Aotearoa New Zealand (2022). They identified 8 priorities for urgent attention including greater respect for the rights of tāmariki Māori as tāngata whenua and under the Children’s Convention; an end to discrimination and racism particularly for tamariki Māori, Pasifika children, disabled Children and children from refugee and migrant backgrounds; protecting children from violence and abuse, including violence prevention; and support for families and whānau, so all children can know and, as far as possible, be cared for by their families. Their report includes many recommendations related to violence, abuse and neglect of children.
Deputy Chair of Children’s Rights Alliance Aotearoa, Dr Claire Achmad said:
“Overall, New Zealand tends to overlook children as citizens; active participants in and contributors in their lives, the lives of their whānau and communities. ...Through our civil society reporting to the Committee on the Rights of the Child, it is clear that we still have a long way to go to make all children’s rights real in Aotearoa.”
Many organisations, advocates and experts also submitted reports to the UN Committee, including:
- Children in State Care Thematic Report, submitted by VOYCE Whakarongo-Mai
- Rights of Tamariki Māori in Aotearoa New Zealand Thematic Report, submitted by Te Puna Rangahau o Te Wai Ariki | Aotearoa New Zealand Centre for Indigenous Peoples and the Law
- New Zealand Indigenous Tamariki Voices Thematic Report, submitted by Hāpai te Hauora Tāpui | Ngā Rangatahi ā Iwi
- Thematic Report from The Backbone Collective.
All reports submitted as part of the monitoring process are available on the UN Treaty Body Database webpage for the Convention on the Rights of the Child 92 Session (16 Jan 2023 - 03 Feb 2023), see the list of reports under info from civil society organizations, info from NHRIs and info from other stakeholders.
Background
Every 5 years the Government reports to the United Nations Committee on the Rights of the Child on progress implementing the UN Convention on the Rights of the Child. This process involves the UN Comittee issuing a list of questions for the Government to respond to. The Government prepares a draft report and seeks public consultation, before preparing and submitting a final report to the UN Committee. This work is led by the Ministry of Social Development (MSD). For more information and these documents, see the MSD webpage on Reporting - United Nations Convention on the Rights of the Child.
New Zealand Government representatives then present the final report to and answer questions from the UN Committee, before the Committee finalises their concluding observations. You can watch the recording of the 92nd Session, Committee on the Rights of the Child (CRC) consideration of New Zealand (see the UN Web TV day 1 and day 2). You can also read a summary from Children's Rights Alliance representatives who attended the session (see Day 1 summary and Day 2 summary).
The Office of the Children's Commissioner advocates on behalf of children for their rights to be upheld in Aotearoa New Zealand. Specific to UNCROC, the Children's Commissioner is responsible for raising awareness and understanding of the Convention and advancing and monitoring how the Government applies the Convention to improve outcomes for mokopuna.
Related news
Update: Dr Luke Fitzmaurice-Brown (Te Aupōuri) spoke at the Socio-Legal Studies Association conference on Does the UNCRC still fit for Indigenous peoples? Or are alternative frameworks required? in April 2023.
In December 2022, the Government agreed to the Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure (OPCP). This allows the UN Committee to explore complaints that New Zealand has breached its obligations under UNCROC through 3 ways, outlined by MSD:
- "complaints can be submitted by, or on behalf of, an individual or group of individuals
- the UN Committee can inquire into alleged grave or systematic violations; and
- State parties can make complaints of violations where both State parties have opted into the inter-State communications process."
Update: The Cabinet paper Acceding to the Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure: Approval of Government Response was published in May 2023.
Work is underway to support child rights mainstreaming at the United Nations. ‘Child rights mainstreaming’ at the UN is about ensuring that a child rights approach is consistently integrated by all UN entities, across the 3 pillars of the UN (development, human rights and peace and security) and at all levels (global, regional and national). A draft UN Guidance Note on Child Rights Mainstreaming was published in February 2023.
The 4th Universal Periodic Review (UPR) of Aotearoa New Zealand's human rights record will take place in 2024. As part of the review, the government is currently inviting the public to participate in public hui. Following the hui, the Ministry of Foreign Affairs and Trade will work with other government agencies to produce a first draft of the national report. For more information, see the Te Kāhui Tika Tangata | the Human Rights Commission.
Recent research of children and young people's experiences
VOYCE – Whakarongo Mai published Whakamānawatia tōku taiao! He hononga rangatira! Honour my world – my noble connections (2022). The report summarises research that looked at why few rangatahi in state care have accessed supports to help them transition to adulthood.
The National Collective of Independent Women's Refuges has developed 2 resources drawing on their research about tamariki experiences of Women's Refuge. Hear it from me and other tamariki (2022) is a book for adults woho want to know more about tamariki and their experiences of women's refuge. The Tamariki refuge workbook (2022) is a booklet is designed for women's refuge advocates to work through with children. For more information, see their research report, Kids in the Middle (2021).
ANROWS (Australia’s National Research Organisation for Women’s Safety Limited) published 2 research reports and practice guidelines looking at how to address the needs of Aboriginal and Torres Strait Islander children who have been exposed to domestic and family violence.
The Monash Gender and Family Violence Prevention Centre published I believe you: Children and young people’s experiences of seeking help, securing help and navigating the family violence system (2023) and Young people’s experiences of identity abuse in the context of family violence: A Victorian study (2023).
Findings from the Australian Child Maltreatment Study found that 62.2% of the Australian population has experienced at least one type of child maltreatment. The study surveyed over 8500 people in Australia to determine prevalance of 5 types of child maltreatment (physical abuse, sexual abuse, emotional abuse, neglect, and exposure to domestic violence) and associated outcomes.
Related media
‘Should be banned’: 14-year-old spends two nights in police cells, Stuff, 09.03.2024
ACC meetings on changing the ISSC contracts
ACC’s Integrated Services for Sensitive Claims (ISSC) Evolution programme will be hosting sessions in 15 locations throughout Aotearoa New Zealand. ACC will discuss changes in the early design stage for the new ISSC contracts.
The date to RSVP to attend a session is 28 April 2023.
At these half-day sessions, ACC will discuss 4 areas in the new ISSC contract, which include:
- "a new ‘front door’ entry point for survivors to access ACC support
- a more streamlined assessment process
- creating more flexible service offering for everyone
- cultural safety and uplift for ISSC providers."
The sessions will also include discussion about how ACC can support providers to successfully deliver sensitive claims services and improve client outcomes. ACC has said "By participating in these engagement sessions, you’ll be helping to shape the future ISSC contract."
The sessions are for:
- existing ISSC suppliers and providers
- organisations and providers who may want to work with ACC in the future
- people who support victim/survivors and want to understand more about what ACC is changing.
Sessions are being held in May 2023 in Auckland, Christchurch, Dunedin, Gisborne, Hamilton, Invercargill, Kerikeri, Napier, Nelson, New Plymouth, Palmerston North, Rotorua, Tauranga, Wellington and Whangārei. Online sessions are available if you cannot attend in person.
Complete the ACC online form to RSVP by 28 April 2023.
For questions, contact ACC at ISSCEvolution@acc.co.nz.
Background
The ISSC provides support to victim/survivors of sexual abuse and assault. In 2021, ACC started work to improve and strengthen the way ACC supports survivors of sexual abuse and assault through the ISSC. Learn more about this work including how to get involved on the ACC webpage on evolving the Integrated Services for Sensitive Claims.
Related media
ACC sensitive claims counselling waitlist still rising, One News, 23.12.2022
Consultation on service gaps for family and sexual violence
The Ministry of Social Development (MSD) is asking for feedback on family and sexual violence service gaps to help develop plans to address these gaps.
The closing date to complete the online form is 26 May 2023.
There are 2 actions in the Action Plan for Te Aorerekura, the National Strategy to Eliminate Family Violence and Sexual Violence, that address service gaps. Action 29 is "Develop a plan to fill the service gaps for family violence" (see page 39) and Action 30 is "Develop a plan to fill the service gaps for sexual violence" (see page 40).
MSD is leading this work. As part of this work, MSD developed 2 documents:
- a list of gaps in family violence and sexual violence services
- draft criteria to support decisions on how to prioritise addressing the gaps.
MSD is asking for feedback on these documents.
The List of Family Violence and Sexual Violence Service Gaps outlines gaps for the following groups or focus areas:
- FVSV Workforce gaps services for children and young people
- People using violence
- FVSV support for Māori communities/Kaupapa Māori services
- FVSV support for Disabled people
- FVSV support for LGBTQIA+ communities
- Support for male FVSV victims/ survivors
- Elder Abuse and Response Services EARS
- Gaps in the justice system
- FV Support for Ethnic Communities
- Pacific people
- Support for women who have gang affiliations
- Access to safe houses/ emergency accommodation after FV or SV
- SV continued care
- Geographical gaps, including for rural communities
The Draft criteria to support decisions about ordering family violence and sexual violence service gaps in the gaps plans are designed to consider urgency, impact and recommendations from specialist reports.
You can give your feedback through a brief online form or by emailing TeAorerekura_Action29_30@msd.govt.nz. If you email feedback, see the questions included in the 2 documents linked above.
Update: The April special edition e-update from Te Puna Aonui highlights MSD's work in this area. Also see Addressing service gaps in family violence and sexual violence on the Te Puna Aonui website for more information.
Research on health impacts related to IPV
The researchers found that negative health outcomes were related to lifetime experiences of intimate partner violence (IPV) for both men and women. Compared to those who had not experienced IPV, both men and women who had experienced IPV in their lifetime were more likely to report some adverse health outcomes. However, these health impacts differed by gender.
Women who had experienced any type of IPV (physical, sexual, psychological, controlling or economic) were at increased risk of experiencing 5 of the 7 negative health outcomes assessed in the study. This includes being nearly 3 times more likely to report having a diagnosed mental health condition, twice as likely to report poor general health, and 1.5 times more likely to report having a diagnosed physical health condition (such as heart disease, cancer, stroke, diabetes, asthma).
For men, experience of any type of IPV was associated with 4 of the 7 health outcomes. However, the increased risks were smaller (e.g. 1.7 times increased risk of a diagnosed mental condition). There was no association with having a diagnosed physical health condition for men who had experienced any type of IPV.
There were also gender differences in the types of violence experienced, and the health outcomes reported. For women, all types of violence were associated with multiple negative health outcomes. Severe physical IPV and controlling IPV were significantly associated with 6 of the 7 health outcomes including diagnosed physical health conditions and diagnosed mental health conditions, poor general health, recent pain or discomfort, recent pain medication, and frequent pain medication. Women who experienced sexual IPV were more likely to experience problems with 5 of the 7 health outcomes with a significant link to pain. The findings also indicate a strong cumulative pattern; the more types of violence women experienced, the more likely they were to experience health outcomes. For example, women who had experienced 4 to 5 types of IPV (over 1 in 10 women) were 4 times more likely to report a diagnosed mental health condition.
For men, any physical IPV was related to poor general health, recent pain or discomfort and frequent use of pain medication. This relationship was linked to exposure to severe physical violence. Psychological IPV was also linked with poor general health and a diagnosed mental health condition. After adjusting for sociodemographic factors, there was also no link between health outcomes and experiences of sexual IPV, controlling behaviours or economic abuse for men. There also was not a clear pattern of cumulative health impacts from experiencing multiple forms of violence.
The researchers suggest that "The different health consequences observed for men and women with IPV exposure may be explained by gendered differences in the nature of the violence experienced." The article includes a discussion of these gendered patterns. It notes for example that women's experiences of violence may reflect "chronic patterns of IPV" that might be related to worse health outcomes. They also note that the findings related to health impacts from controlling violence
"...further substantiates claims that experience of controlling behaviors is a highly gendered phenomenon, and dynamics of power and control (which often underpin other IPV types) may play a crucial role in the differences in health outcomes between men and women who experience violent acts."
Noting these gendered differences, the researchers suggest routine inquiry for IPV against men is not needed in clinical settings, but they do call for the provision of appropriate care and services for men who have experienced IPV.
Given the significant impacts to women's health, the researchers call for IPV to be given the same attention as other key determinants of health, writing:
"To adequately address the increased likelihood of adverse health outcomes associated with women’s exposure to IPV, health professionals need to be engaged in nuanced understanding of IPV identification and appropriate responses and should be well supported to provide robust referral options within proactive and dynamic health care systems. Given the higher rates of violence exposure for Māori women and women who were food insecure, health and referral services also need to be equipped to address these disparities. Development of these responsive health care systems must be underpinned by well-designed and comprehensive IPV curricula in medical and health training..."
The research team included Brooklyn Mellar, Ladan Hashemi, Vanessa Selak, Pauline Gulliver, Tracey McIntosh and Janet Fanslow. The researchers used population-based data from the 2019 New Zealand Family Violence Survey | He Koiora Matapopore.
Research findings are published in 2 open access (free) articles in JAMA Open Network:
You can find all articles published from the 2019 NZ Family Violence Study | He Koiora Matapopore in our library.
In an interview with Waatea News Minister Marama Davidson commented on the importance of the research, highlighting that "...violence is a social a determinant of health."
Related research
Atawhai is a three-year research project in the Bay of Plenty that is currently looking at how to make it easier for primary care professionals to respond to whānau experiencing or using violence. The project is funded by the Health Research Council of New Zealand and being led by Dr Claire Gear, Research Fellow at the AUT Centre for Interdisciplinary Trauma Research. In talking about the project, Claire Gear has previously said "Family violence is a key determinant of ill health. To prevent future harm, the value of responding to family violence must be explicitly recognised within health care policy and practice."
Recent research from Australia has looked at health impacts and violence:
A life course approach to determining the prevalence and impact of sexual violence in Australia: Findings from the Australian Longitudinal Study on Women’s Health (2022) published by ANROWS
Lifetime health costs of intimate partner violence: A prospective longitudinal cohort study with linked data for out-of-hospital and pharmaceutical costs (2022) published in the journal Economic Modelling
Related media
What new data tells us about the realities of family violence for NZ women, Stuff, 31.03.2023
Partner violence bad for mental health, Waatea News, 10.03.2023 (also listen to the full interview with Professor Tracey McIntosh, Waatea News, 09.03.2023
Report claims even worse consequences for victims of family violence, Te Ao Māori News, 08.03.2023
Family Violence Death Review Committee 8th report
The Family Violence Death Review Committee’s (the Committee) 8th report, An ongoing duty to care | He tauwhiro haere te mahi (2023), looks at the experience of children affected by a death resulting from family violence. They reported the need for an after-care system and support for surviving children:
"The lived experiences of whānau and families from in-depth reviews of homicide events highlighted the ongoing impact of the lack of an after-care system. Some surviving children were made homeless, while others struggled with drug and alcohol problems. Some participants spoke clearly about difficulties in establishing safe and stable support structures."
The Committee followed the approach described in their 7th Report, by looking at the barriers to whānau and families finding the support they need, rather than blaming them for not finding that support. This approach showed “...how the actions (or lack of action) of agencies and institutions serve to enhance inequities, rather than providing a context for healing and recovery.”
The report also found pockets of good practice that can guide the development of proper after-care systems. They give the example of Ngā Tini Whetū, as a prototype using a Whānau Ora commissioning model to support families and whānau, saying “Service provision and support through a trusted provider also enhances engagement with whānau, increasing the likelihood for success.”
The Committee recommended a system to identify and support surviving whānau. Support would be tailored and whānau-led to respond to what they need, when they need it.
"In the Committee’s view, moving further towards an ideal solution requires these core components of an after-care system:
• a trigger system that helps to identify surviving family or whānau members from a family violence homicide. A question to consider is how similar existing postvention support systems for sudden unexpected death in infancy could be extended to family violence homicides
• a professional ally with specialist skills and experience who acts as a ‘super-advocate’ for surviving whānau or family members
• a whole child/whole whānau approach mediated by the professional ally to recognise the impact of loss, the need to lean on someone, the need for expertise about resources within the system and the advantages of someone with power to procure necessary resources
• a tailored approach that is family- or whānau-led, responding to what they need." (p11 of report)
In launching the report, the Committee Chair Fiona Cram said “The current system isn’t designed with the wellbeing of surviving whānau in mind." She also said
“Each family and whānau situation will be unique and complex in different ways and could include conflict over care arrangements for surviving whānau members and long-term experience of trauma.
“Each of these situations requires specialist skills. Having a system set up to support them during this time will have a life-long impact.”
This report follows last year’s Seventh report | Pūrongo tuawhitu: A duty to care | Me manaaki te tangata (2022), which looked at how government agencies have shifted from the ‘caring pathway’ for people who have experienced violence. It described how a duty to care based on whakapapa, whanaungatanga and manaakitanga could support whānau and families to prevent violence, prevent the escalation of violence and facilitate healing.
Auditor-General report
The findings from the Family Violence Death Review Committee are consistent with the Auditor-General’s recent report on Whānau Ora and whānau-centred approaches released in February 2023, which found that public organisations more generally were not working in ways that supported whānau.
The report, How well public organisations are supporting Whānau Ora and whānau-centred approaches, highlighted the limited progress towards supporting Whānau Ora (the funding programme under Te Puni Kōkiri) and whānau-centred approaches, despite several reports finding that Whānau Ora is successful for many whānau. In the report overview, the Auditor-General wrote “Public organisations need clear expectations for how they should support Whānau Ora and other whānau-centred approaches.”
The Auditor-General made 7 Recommendations:
- For Te Puni Kōkiri to clarify their mandate in broadening whānau-centred approaches;
- For Te Puni Kōkiri to prioritise improving how it measures and reports the impacts and outcomes of whānau-centred approaches;
- For Te Puni Kōkiri to improve the accessibility of this information to public organisations, non-government organisations, and the public;
- For Te Puni Kōkiri to clarify expectations that public organisations support whānau-centred approaches;
- For the Social Wellbeing Board to better enable whānau-centred approaches in commissioning social services;
- For the Treasury and Te Kawa Mataaho Public Service Commission to guide public organisations about joint working and funding arrangements that would support the use of whānau-centred approaches; and
- For Te Puni Kōkiri to clarify the ‘complementary effort’ that public organisations are expected to provide for Whānau Ora.
An earlier 2015 review of Whānau Ora by the Auditor General, Whānau Ora: the first four years, found similar results, with government agencies lacking understanding and support for Whānau Ora.
Findings from a 2018 independent review of Whānau Ora, Tipu Matoro ki te Ao were also similar. They found that despite Whānau Ora creating positive, sustainable change for whānau, government agencies still lacked understanding of and commitment to Whānau Ora. The 2018 review made several recommendations to apply whānau-centred approaches more widely throughout government.
Related news
The Health Quality & Safety Commission (HQSC) is seeking applications for the inaugural National Mortality Review Committee (NMRC). Applications close on 28 April 2023. The NMRC is being established as part of changes to the national mortality review function. These changes include establishing a single national mortality review committee supported by subject matter expert groups. The NMRC will operate as the primary advisor on mortality review to the HQSC, reviewing and reporting on specified classes of death, with the aim of reducing preventable deaths. The NMRC will be stood up from 1 July 2023. The call for applicants states:
"We are seeking applicants who will bring a relational approach to interacting and communicating with others. Strategic system-wide thinking, the ability to understand the practical application of Te Tiriti in mortality review, and an understanding of the causes and consequences of inequities across society will be essential for this role. Lived experience will also be a key element of the Committee’s overall make up."
For more information see the HQSC call for applications. For more information about the changes see our news story Changes to national mortality review committees, including FVDRC and the NMRC terms of reference.
Related media
Family say court suppressions made toddler death 'invisible', RNZ, 21.11.2023
Name suppression leaves dead toddler 'faceless and nameless' - whānau, RNZ, 21.11.2023
Whānau ora model for child poverty action, Waatea News, 17.05.2023
Merepeka Raukawa-Tait | Chair for the Whanau Ora Commissioning Agency, Waatea News, 12.05.2023
Latest family violence report proffers mātauranga Māori as solution, Te Ao Māori News, 09.03.2023
Whānau know best, Te Pūtahitanga o Te Waipounamu blog, 03.03.2023
State organisations fail Whānau Ora - Auditor General, Te Ao Māori News, 17.02.2023
Media focus on pornography and young people
Media has increasingly drawn attention to pornography and the impacts on young people, as well as the need to provide education and have conversations with young people. In response to a recent media campaign, academic and community education experts highlighted that "...what was notably absent for us was the challenging (and much less sexy!) conversation about the nature of mainstream pornography, including how it portrays sex and how that might be affecting youth and wider sexual cultures."
Their article in The Spinoff, 'An academic response to Porn Week', raised issues around how consent, aggression, 'rough sex' and sexual violence are depicted in pornography. The authors noted that:
"...young people themselves say they are often uncomfortable about what they see in porn, that they are not having the conversations they want and need, and that porn is shaping and shifting sexual norms among their peers. A key area of concern in relation to these shifting sexual norms is so-called “rough sex”."
The authors of the article were Dr Samantha Keene, Nikki Denholm, Professor Nicola Gavey, Dr Kris Taylor, Dr Jade Le Grice and Associate Professor Melanie Beres.
Porn Week was a campaign run by Netsafe from 7 - 13 November 2022. The campaign included a series of articles about pornography on The Spinoff.
Recent research on relationship and sexuality education
Two recent research reports examined the experiences of teachers and school leaders/principals in Aotearoa New Zealand in relation to the Relationship and Sexuality Education (RSE) guidelines that were refreshed in 2020.
New Zealand secondary school teachers’ perspectives on teaching Relationships and Sexuality Education (2022) summarised findings of a survey of 190 secondary school teachers in New Zealand about their experiences teaching RSE. While the research showed some positive aspects, it identified many gaps. Findings include that many students are not receiving the 12-15 hours of RSE recommended by the Ministry of Education and the Education Review Office. Teachers identified many barriers to teaching RSE including lack of time, access to professional development, subject status, an inconsistent whole-of-school approach and less confidence integrating mātauranga Māori and other cultural knowledge perspectives. Family Planning chief executive Jackie Edmond said:
"This survey supports the calls from young people for better relationships and sexuality education. It’s unsettling to find through this survey that not much appears to have changed since the last report on RSE, and teachers are telling us they need support.
We actually have an excellent set of guidelines on how schools should teach this area of the curriculum. But there are too many barriers and challenges to ensure high quality and meaningful RSE that meets the evolving learning needs of our rangatahi."
The research and report were completed by the University of Canterbury, Family Planning New Zealand and the New Zealand Health Education Association.
Researchers at the University of Canterbury also published the report, Exploring the landscape of relationships and sexuality education in primary schools in New Zealand (2023). The report summarises findings from a survey and focus groups with teachers and school leaders/principals at primary schools in relation to the RSE guidelines. The findings provide an overview of awareness about the guidelines, confidence in meeting the community consultation requirements, whole school approaches, work with external providers, teachers' perceptions and confidence, and barriers and enablers to teaching the guidelines. The report concludes with questions that schools and teachers could consider to explore recommendations leading to effective RSE practice.
Update: Rangatahi Perspectives on Hauora and Wellbeing: A Qualitative Report from Aotearoa (2023) shares findings from interviews with 56 culturally diverse rangatahi (young people) aged 16–20. The report highlighted the impact of racism and rigid gender stereotypes on rangatahi, as well as challenges rangatahi experienced in talking about sexuality, relationships and sex. Also see the related articles ‘You can’t really define it can you?’ Rangatahi perspectives on hauora and wellbeing (2021) and ‘Hāpai te hauora’— ‘it’s like breathing your ancestors into life’. Navigating journeys of rangatahi wellbeing (2022).
For more research, search our library under the keyword topics pornography and sexuality education.
Update: Family Planning developed 2 resources with information on what relationships and sexuality education is and answers to common questions about relationship and sexuality education in August 2023.
Resources to support talking with young people
The Light Project developed a new online resource kit for health professionals on Youth and Porn Navigating the Issues. The kit includes 12 resources across three areas:
- understanding young people and porn
- how to engage in shame-free porn conversations and equip young people with porn literacy skills
- help with assessing and responding to youth and porn concerns in the workplace.
The Light Project is run by a team of sexual and public health professionals who work alongside New Zealand youth health services, schools, sexual violence prevention services and youth organisations to provide information and resources addressing issues related to porn and young people. Resources are available for youth, whānau and professionals. Also see their website for youth, In The Know.
The Shifting the Line research project developed a new model for working boys and young men towards the primary prevention of gendered violence. The Shifting the Line research "...provides a model for making sense of the relationship between rigid and potentially harmful gender norms for men and a theory of change for how to help boys and young men break free of the influence of these norms." For more information see their report Shifting the line: boys talk on gender, sexism and online ethics (2021), resources from the project, and interviews with researcher Kris Taylor on 95bfm and researcher Nicola Gavey on RNZ as well as the article Boys (still) don't cry: How thinking outside the 'man box' could help prevent violence.
The Keep It Real Online campaign a New Zealand Government public awareness campaign to support children and young people to be safe online. It is led by the Department of Internal Affairs. The www.keepitrealonline.govt.nz website has resources and information for parents, educators and youth. It covers a range of online issues including online bullying, relationships and sexuality education including porn, grooming and coercive online sexual relationships, sharing intimate images and social-emotional safety skills.
Family Planning New Zealand provides a range of advice for parents and carers as well as information on relationships, relationships and sexuality education and keeping safe.
Resources designed to support the Ministry of Education's Relationships and Sexuality Education guidelines include a module to support teachers to talk about pornography. The module, Ka huri i te kōrero | Changing the conversations, was developed by the Ministry of Education and the Classification Office.
The Classification Office also developed a guide for parents and carers to talk with young people about pornography.
Communities and educators are increasingly developing resources for young people to explore questions related to their relationships and sexuality including podcasts, videos and websites.
- Tapu Vā is an online platform that provides a safe space for people in the Pasifika community to share their experiences with sexual health and wellbeing. People can share their stories and read stories from other people. The website also features videos of health professionals, students and Pasifika champions sharing about their personal experiences with talking about sex with their parents, contraception and more. Tapu Vā is a collaboration between Hard Luck Design and Te Whatu Ora - Health New Zealand.
- Ai – Let’s Talk About Sex, is a digital series for rangatahi over 18 years about sexual health. It features 12 videos where rangatahi explore a range of topics including consent, porn, relationships and more.
- Te Pūtahitanga o Te Waipounamu is refreshing their rangatahi sexual health campaign #sexkōrero. The campaign is for rangatahi, led by rangatahi, focused on giving accurate understanding and knowledge of what to look out for, be aware of, or where to go when sexual health and wellbeing is concerned.
- Shama has been supporting ethnic community groups across Aotearoa New Zealand to work on sexual violence prevention. Several of these projects include videos about consent and healthy relations designed by and for ethnic community groups.
New 'Love better' campaign
The government has launched a new campaign called Love Better which "...will initially support young people through their experience of break-ups, developing positive and life-long attitudes to dealing with hurt." In the campaign overview the Ministry of Social Development (MSD) notes that the campaign "...will complement curriculum-based programmes and other cohort-specific campaigns being led by the Health Promotion Agency (HPA), E Tū Whānau and Pasefika Proud." MSD also notes that this first phase will focus on supporting young people through break ups. It also notes The campaign is supported by Youthline. People who need support can text lovebetter to 234, email lovebetter@youthline.co.nz, or call 0800 376 633. See further information about the campaign in the related media below.
Calls for consent reform
A petition calling for law reform related to consent, launched by Layba Zubair, was delivered to Parliament in September 2022 with more than 12,000 signatures. To learn more listen to a 95bfm interview with Layba and see the related media below. Students have also called for mandatory consent education. However, Associate Professor Melanie Beres has previously written about the need to move beyond consent education, commenting that "If we want to reduce Aotearoa’s sexual violence rates, we need to shift our focus from solely teaching young people about consent and instead work to dismantle harmful gender norms that have trapped our youth for generations."
Related news: UN experts' call to action on sexuality education
Several UN experts came together to publish A Compendium on Comprehensive Sexuality Education (2023). It provides an overview of international obligations and standards, and recommendations from UN experts. It concludes with 7 calls to actions for states to provide comprehensive sexuality education:
"1. Respect and protect the key principles of non-discrimination, equality, and privacy, as well as bodily integrity, autonomy, dignity, and well-being of individuals, especially in relation to sexual and reproductive health rights.
2. Respect, protect and implement the human right to quality education and lifelong learning, including comprehensive sexuality education. This includes adopting and strengthening legislation as well as designing, implementing public policies and curricula, aimed at guaranteeing this right without any form of discrimination.
3. Put in place effective implementation mechanisms, such as: ensuring that comprehensive sexuality education is a mandatory subject in school curricula; adequate teacher training and support; developing evidence-based online comprehensive sexuality education; engaging communities and parents; and allocating sufficient resources.
4. Ensure that comprehensive sexuality education curricula are non-discriminatory, non-biased, and based on scientific evidence and human rights. They should be inclusive and accessible to all individuals, especially to the most marginalized, including adolescent girls, LGBTIQ+ youth, out-of-school adolescents and young people living with disabilities. States should ensure that comprehensive sexuality education starts early in childhood, in a manner consistent with the evolving capacities of the child, and that it progresses through adolescence and adulthood.
5. Guarantee that comprehensive sexuality education curricula include a breadth of topics beyond a focus on risks and disease, with special attention given to respect, consent, autonomy, relationships, sexuality, gender equality and sexual and gender diversity, pleasure, responsible parenthood, dismantling patriarchal gender stereotypes and harmful social norms, and preventing early pregnancy, sexually transmitted infections, sexual and gender-based violence and discrimination.
6. Eliminate the stigma often ascribed to sexual and reproductive health issues, which are typically treated as taboo topics and enforced through socio-cultural norms, and the growing problem of misinformation.
7. Ensure that all adolescents and young people have access to free, confidential, and non-discriminatory sexual and reproductive health services, information and education responsive to their needs, available both online and in person, and in multiple forms and languages, which include family planning, contraception, including emergency contraception, prevention, care and treatment of sexually transmitted infections, counselling, pre-conception care, gender-affirming care, maternal health services, access to safe abortion and postabortion services and menstrual hygiene. Gaining knowledge about their reproductive system helps girls and women become more self-confident and adopt improved health measures. States should also remove barriers such as requirements for third-party consent or authorization and regulate conscientious objection to ensure that all people needing an abortion can have access to it."
The UN experts included the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, the Special Rapporteur on the right to education and the Working Group on discrimination against women and girls.
Related media
Report on the experience of male survivors of sexual violence
The report, Male survivors of sexual violence and abuse (SVA): Barriers and facilitators to reporting and accessing services (2023), summarises findings from research about the experiences of male survivors of sexual violence in reporting and accessing help. The research involved interviews with 52 male survivors including survivors who had experienced SVA in childhood and adulthood, and perpetrated by familial and non-familial individuals. As marginalised groups of men are over-represented in male survivor statistics, the researchers set out to include a diverse range of male survivors. The research also includes findings from an online survey of 13 service providers.
The report includes a brief review of the literature, highlighting the increasing amount of international statistics and research that has demonstrated a significant number of men experience SVA across the lifespan, leading to difficulties for men, their families, and communities.
The research provides an overview about the help seeking journey for male survivors in relation to disclosing, reporting and accessing services. For the research, disclosure was defined as telling someone who cannot initiate a formal process in response to the SVA and reporting was defined as telling professionals working in entities that could provide a formal action, such as police, ACC, teachers or the Royal Commission.
Key findings about the help seeking journey include:
- 90.4% disclosed, 65.4% reported and 92% accessed a service for support
- 73.1% of survivors disclosed as the first step in helpseeking
- the average time to report was 18 years with only 31.3% reporting in the first 3 years
- of survivors who reported to a service, 81.3% reported to ACC and 43.8% reported to police and doctors
- only 16.7% accessed support within the first 5 years
- of survivors who accessed support, 54.2% accessed ACC registered therapists; 54.2% accessed non-specialist counsellors, psychologists and psychiatrists; and 47.9% accessed intentional peer support
- of survivors who accessed a support service, 83.3% accessed a specialist service
- it was common to take a long time for survivors to feel ready to report or access support.
When considering these findings, the authors note that “…not all men disclosed or wanted to disclose, and some of the survivors noted that it is important that pressure is not placed on survivors to disclose or report before they feel ready to do so.”
Drawing on the interviews with survivors, the researchers identified 5 key themes related to barriers and facilitators to help seeking:
- Theme 1: Gendered social norms and myths are a barrier for helpseeking
- Theme 2: The presence and quality of formal and informal social support impacts helpseeking
- Theme 3: The complex nature of trauma hinders timely helpseeking
- Theme 4: Service provision, visibility and design need to be tailored to male survivors to facilitate access
- Theme 5: Quality support from service workers can build agency and maintain male survivors’ helpseeking.
For each key theme, the researchers discuss findings for practice, policy and services. For the first theme, they highlighted how dominant constructs of masculinity and 'what it means to be man' affected male survivors' experiences. They wrote:
"Indeed, the male survivors put forward the solution of gender-inclusive societal education to change prescriptive norms about masculinity and what SVA and its consequences are. They also signalled the need to provide male survivors with clear ‘how to’ guides to promote know-how about talking to others, reporting, and accessing services for SVA. This theme also showed that male survivors are a diverse group and therefore any education campaigns need to recognise this diversity and embrace a gender-responsive approach to addressing the issue."
In theme 2, exploring impacts of social support the researchers note that informal and formal social support needs to be increased to support men with disclosure and help seeking. However, the social support must be compassionate and engaged to be effective.
Under theme 3, the researches noted that the help seeking journey for many survivors spanned many decades and without intervention or support during this time, survivors experienced the 'long tail of trauma and harm'. The researchers highlight the need for early intervention:
"...a need for a range of specialist and non-specialist service workers to have a gender-inclusive understanding of SVA and be able to provide gender-responsive care, including learning about appropriate ways to invite disclosure from male survivors and routine screening for SVA."
In theme 4, they noted that survivors shared that they were not always comfortable at mainstream SVA services which were focused primarily on serving women or cisgender heterosexual people. It highlights the need for more specialist services to meet the needs of diversity among male survivors, noting that "...survivors preferred to work with people with whom they shared a connection or key demographics, and who they felt could understand their position."
In theme 5, it was clear that compassionate and understanding responses from service providers was essential for male survivors in their help seeking journey. The researchers recommended:
"Specialist and non-specialist service workers who welcomed, listened, affirmed, and validated the survivors’ experience and could cope with disclosure, built trust and furthered engagement with services. As nonspecialist service workers were often described as not engaging with survivors in this way, there is a need to adequately train all service workers who are likely to come into contact with male survivors, in addition to providing men with specialist support throughout the reporting and court process."
Within each theme, several subthemes were also identified. Below we’ve reprinted the themes and subthemes. See table 4.1 in the report for further detail.
"1. Gendered social norms and myths are a barrier for helpseeking
1.1. Gender stereotypes are a barrier to helpseeking
1.2. Gendered myths about the outcomes of sexual victimisation are a barrier to helpseeking
1.3. Gender-inclusive public education can raise awareness and facilitate helpseeking
2. The presence and quality of formal and informal social support impacts helpseeking
2.1. A lack of informal social support reduces recognition of victimisation and hinders helpseeking
2.2 Informal and formal social support with trusted others facilitates helpseeking
2.3. It’s good to talk to caring and compassionate listeners
2.4. Insensitive responses to informal disclosures or reporting are a barrier to helpseeking
3. The complex nature of trauma hinders timely helpseeking
3.1. The complexity of trauma masked its cause and hindered access to support services
3.2. Coercion and control are a barrier to helpseeking
3.3. Recovery and helpseeking are slow and ongoing processes
4. Service provision, visibility and design need to be tailored to male survivors to facilitate access
4.1. Insufficient and unaffordable specialist service provision are barriers to accessing support services and healing
4.2. The visibility of services impacts how easily male survivors can access them
4.3. A choice of services designed to meet the complex needs of male survivors facilitates access
5. Quality support from service workers can build agency and maintain male survivors’ helpseeking
5.1. Attentive expert support is crucial throughout the reporting process
5.2. Helpseeking is facilitated by service workers who understand the trauma of male survivors
5.3. Building agency facilitates effective helpseeking."
The researchers found that the views of service providers endorsed the themes identified by survivors. Service providers also raised the following points:
- optimism that there has been a recent increase in public awareness about men’s sexual victimisation
- providers should use sensitive but direct questions to invite disclosure and promote early intervention
- funding is required to increase bespoke and appropriate services for male survivors
- services and providers that meet the needs of all genders and who are trained to work with diverse populations can provide opportunities to meet male survivors needs
- the need for a range of quick and easy ways to access services (e.g. – video call, telephone, face-to-face).
The report concludes with a discussion of 5 key recommendations:
- Gender-inclusive societal education initiatives
- Gender-inclusive training of service workers
- Initiatives to increase social support for male survivors
- Bespoke and accessible service provision
- Design of trauma-informed services and activities.
The authors wrap up the report noting that the barriers to disclosing, reporting and help seeking mean it will be difficult for research to determine accurate prevalence rates among male survivors. Instead they write:
"...there is a need to move beyond relying on the data in official reports to determine provision of resources for SVA and accept that surveys and reports will continue to underestimate victimisation rates, especially for male survivors. We propose it is better to simply consider that SVA is a problem for men and move toward understanding and responding to that problem without reliance on reporting rates."
The research was completed by a team from Te Herenga Waka – Victoria University of Wellington, the University of Otago, and the Donald Beasley Institute. The authors are Louise Dixon, Gareth Treharne, Michaela Pettie, Chris Bowden, Tess Patterson, Melanie Beres, Brigit Mirfin-Veitch, Rachel Shaw, Angela Eketone-Kelly and Jacob Ashdown. The Ministry of Social Development commissioned the research to help support the design of services for male survivors and future research.
Recent related research
In November 2022, Male Survivors Aotearoa published the report, Living or merely existing? The experiences of male survivors of historical sexual abuse in Aotearoa/New Zealand. The report summarises findings from an online survey of 46 male survivors of sexual abuse about their experiences including disclosure and seeking help.
Te Rōpū Tautoko Male Survivors Aotearoa commissioned a review of literature focused on a kaupapa Māori approach to the support of Māori male survivors of abuse. Te Rōpū Tautoko is a subcommittee of the Male Survivors Aotearoa Board.
Recently published research from the Dunedin Study identified that people who had unwanted sexual contact before the age of 16, had a higher risk of experiencing adverse outcomes in adulthood including smoking and alcohol consumption, systemic inflammation, oral health, mental health, sexually transmitted diseases, personal relationships, finances, and antisocial behaviour. The researchers also found that "Survivors were also between 2.5 and 4 times more likely than their peers to have attempted suicide in their lifetime, with the highest risk among those who experienced more severe abuse."
Find more research and reports on male victim/survivors by searching the topic keyword abused men.
Related news
The last day for survivors to register to have their accounts heard by the Abuse in Care Royal Commission is 21 March 2023. The Royal Commission will be ending in June 2023. See their pānui for more details.
Related media
Police acknowledge sentencing: Liam Nixon case, Police media release, 06.12.2023
First torture, now solitary - NZ’s shame, Newsroom, 08.03.2023
Courageous kōrero is the first step to overcoming intergenerational trauma, The Spinoff, 06.03.2023
Disabled gang members, abused by state, found welcoming whānau in life of crime, Stuff, 26.02.2023
Regulations for Tenancies Act changes that support victim/survivors
The Residential Tenancies Amendment Act (RTAA) 2020 includes changes that allow victims of family violence to end a tenancy early. This change came into effect on 11 August 2021.
Regulations to support this law change took effect on 29 December 2022. The regulations provide guidance for tenants and landlords on how to use the law.
The law allows a tenant who experiences family violence during their tenancy to withdraw from the tenancy by giving the landlord at least 2 days’ written notice without financial penalty or the need for agreement from the landlord.
Victim/survivors need to provide a withdrawal notice and evidence of family violence to the landlord. The regulations set out what information victim/survivors need to include in the withdrawal notice, what can be used as evidence of family violence, how to provide the information and what to do if there other tenants.
TenancyServices has information on their website about withdrawing from a tenancy following family violence. This includes forms and templates for withdrawal notice and evidence of family violence.
Background
You can read the full text of the Residential Tenancies (Termination for Physical Assault by Tenant and Withdrawal Following Family Violence) Regulations 2022.
For more information about these changes, see the TenancyServices information on Residential Tenancies Amendment Act 2020 changes and the Ministry of Social Development information on Changes to the Residential Tenancies Act 1986 to protect victims/survivors of family violence (2020).
Related media
We are delighted to announce that we have employed Dr Kim McBreen (Waitaha, Kāti Māmoe, Ngāi Tahu) as our Kaupapa Māori research Lead at the NZFVC. This is a new position dedicated to raising the visibility of mātauranga Māori and tikanga in the work of the Clearinghouse.
Kim comes to the Clearinghouse from Te Wānanga o Raukawa, where she was a kaimahi with Te Whare Whakatupu Mātauranga and contributed to the Ahunga Tikanga programme. She will continue to be based in Ōtaki. She is a previous Fulbright Scholar, which enabled her to talk with organisers here and in the US about their experiences of ending relationship violence without the state and other systems of violence. An output from that work is Te Wānanga o Raukawa’s He Ara Mataora website.
“I’m really looking forward to learning from the team at the Clearinghouse and showcasing the work with tikanga and mātauranga to support whānau wellbeing and end violence”. - Dr Kim McBreen
This new role is part of wider changes at the Clearinghouse, reflecting our responsibilities under Te Tiriti o Waitangi.
In 2021 the Clearinghouse appointed two new Academic Co-Directors, Dr Terry Dobbs as Academic Co-Director Māori and Professor Nicola Gavey as Academic Co-Director Tauiwi. We also established two new advisory groups (Tauiwi and Tangata Whenua) to support our work.
The Clearinghouse vision is of families, whānau and relationships that are healthy, respectful and free from violence. We are continuing to explore how we can support Tangata Whenua as well as Tangata Tiriti in our work to support healthy and violence free lives.
Kim can be contacted at kim.mcbreen@auckland.ac.nz
For a full list our NZFVC team and Advisory groups see our website.
Related News
We are also excited to welcome Oanh Le to the role of project support coordinator for NZFVC. Oanh will be working with us part time while she completes her degrees in Law and Arts at the University of Auckland, majoring in Criminology and Politics/International Relations. Her passions lie in legal reform, criminal justice and working to help the most vulnerable groups in society through shaping policy.
“I am beyond excited to be a part of such a meaningful organization whose vision of a violence-free Aotearoa I wholeheartedly subscribe to, and cannot wait to see what the year ahead has in store for NZFVC!” - Oanh Le

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