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Consultation on health strategies
Update: Manatū Hauora | the Ministry of Health published the Government’s Pae Ora, Healthy Futures Strategies in July 2023.
Manatū Hauora | Ministry of Health in partnership with Te Aka Whai Ora | Māori Health Authority and Te Whatu Ora | Te Whatu Ora is developing a series of health strategies.
There will be six health strategies in total – a Workforce Strategy and five population-specific strategies:
- Hauora Māori Strategy
- Pacific Health Strategy
- Health of Disabled People Strategy
- Women’s Health Strategy
- Rural Health Strategy.
The Women’s Health Strategy, Rural Health Strategy and Health Workforce Strategy are new strategies for Aotearoa New Zealand. The Hauora Māori Strategy, Pacific Health Strategy and Health of Disabled People Strategy will be informed by existing strategies and action plans.
Manatū Hauora described the purpose of the health strategies:
"The strategies will set the direction across the health system and will inform decision-making and priority setting by Government and the health system.
The purpose of the strategies is to provide the roadmap for change – they won’t commit us to particular actions needed to get there. This will be the role of the New Zealand Health Plan and the next Government Policy Statement."
The strategies are currently being developed. There are different ways to give feedback and participate in the development.
Currently submissions are open on the Health of Disabled People Strategy and the Women’s Health Strategy.
The closing date for both of these submissions is 17 March 2023.
For submissions on the Health of Disabled People Strategy, there are specific Questions for engagement and submissions.
For submissions on the Women's Health Strategy, there are no specific feedback questions, but there are suggested topics that include wellbeing, wellbeing needs, patterns and trends, the health system’s performance for women, priorities for system change and health workforce.
For information on development of the other strategies see the following:
This is part of the government's work to develop a new health system. Manatū Hauora has set up, Tātou, an online discussion platform for people to participate in this process. You can visit Tātou anytime you like, as many times as you like, to have your say. For more information see Contributing to the mahi or contact strategies@health.govt.nz.
Update: The Backbone Collective has published their submission to the consultation, Submission on Women’s Health Strategy from The Backbone Collective (March 2023).
Related news
Newly published research has found that women in Aotearoa who have experienced intimate partner violence are almost 3 times as likely to have a diagnosed mental health condition and almost twice as likely to have a chronic illness, compared with those who have not experienced intimate partner violence. For more information see the article Association between women’s exposure to intimate partner violence and self-reported health outcomes in New Zealand (2023).
Related media
What does the government’s new women’s health strategy actually offer?, The Spinoff, 17.07.2023
Study looks at impact of child abuse, Otago Daily Times, 15.03.2023
Family violence puts women at greater risk of suffering health issues - research, RNZ, 04.03.2023
Fresh look at hauora Māori strategy, Waatea News, 03.02.2023
Consultation on decision-making capacity law
The Minister of Justice asked Te Aka Matua o te Ture | the Law Commission to review the law related to adult decision-making capacity. The Law Commission is asking for feedback on how the law should respond when an adult's ability to make decisions is affected.
The closing date to submit feedback is 3 March 2022.
An adult's decision-making could be affected by dementia, acquired brain injuries, learning disabilities and experiences of mental distress. The Law Commission notes that
"If an adult’s decision-making is affected, the law may treat their decisions differently. This is based on a concept of ‘decision-making capacity’. If a person is assessed not to have ‘decision-making capacity’, their decision might not have legal effect. Another person might be appointed to make the decision for them."
Some of the things that the Law Commission is asking for feedback on include:
- supported decision-making
- advance directives
- enduring powers of attorney
- welfare guardians
- safeguards and accountability mechanisms.
In the Terms of Reference, the Law Commission states they are looking at whether Aotearoa New Zealand law and practice strike an appropriate balance between:
"● enabling people to make decisions about their own lives (including with appropriate support from whānau, family, carers and caregivers, other professionals or the wider community); and
● safeguarding people from harm."
The Law Commission has published a Preliminary Issues Paper which includes background and questions. In the issues paper the Law Commission outlines 7 principles for the review. One of these principles is "Keep people safe from abuse and neglect and promote accountability." In discussing this principle, the Law Commission identifies that people with affected decision-making can be vulnerable to abuse and neglect. This includes older people and disabled people. Chapter 8 of the issues paper looks at safeguards and accountability and asks questions related to elder abuse.
When a person’s ability to make decisions is affected, they may be at risk or vulnerable to abuse, violence and neglect. Abusers' use of decision-making powers to coerce or a control a person can be understood as forms of elder abuse, family and/or intimate partner violence. See further information in the background below.
The Terms of Reference also outline the scope, or what the review will include:
- "Ao Māori perspectives on decision-making capacity and its regulation, including how the law should address any matters of particular concern to tāngata whaikaha Māori, their whānau, hapū and iwi, and Māori more generally.
- How the law should recognise and provide for te Tiriti o Waitangi | the Treaty of Waitangi.
- How the law should protect and promote human rights, including consideration of:
- Aotearoa New Zealand’s international human rights commitments, particularly under the Disability Convention and the United Nations Declaration on the Rights of Indigenous Peoples; and
- Domestic human rights laws, particularly the New Zealand Bill of Rights Act 1990 and Human Rights Act 1993.
- The language used in our law.
- How to assess a person’s ability to make decisions about exercising legal rights and duties.
- How the law should facilitate and regulate the provision of support to people who require support to be able to exercise legal capacity on an equal basis.
- How the law should recognise the role of whānau, hapū and iwi, family, carers and caregivers, and the wider community in the provision of such support.
- How the law should regulate the exercise of legal capacity in rare circumstances where decisions may need to be made on behalf of a person.
- What safeguards the law should provide around measures relating to the exercise of legal capacity.
- How the law should regulate situations where people, whose ability to make decisions may be limited, are deprived of their liberty (other than in the context of criminal proceedings)."
The review will consider the following legislation:
- Protection of Personal and Property Rights Act 1988
- Mental Health (Compulsory Assessment and Treatment) Act 1992
- Substance Addiction (Compulsory Assessment and Treatment) Act 2017
- Health and Disability Commissioner Act 1994 and the Code of Health and Disability Services Consumers’ Rights established under that Act
There are many ways to have your say. You can complete an online form, fill in a form in Word, email, text or write by post. See the website for more details.
This is the first public consultation. The Law Commission plans to run a second public consultation this year. This will include a longer consultation document that will address the current law in more detail and propose options for reform. After the second consultation, the Law Commission will provide a final report with recommendations to the Government. The Law Commission expects to submit the final report to the Minister of Justice by 30 June 2024.
Update:
Some organisations have made their submissions public including the Disabled Persons Assembly NZ and the Family Violence Death Review Committee.
Update:
The Law Commission open consultation on a Second Issues Paper 52. This paper looks at the current law in much more detail and suggests possible options for reform. Find more information on the Review of Adult Decision-Making Capacity Law | Ngā Huarahi Whakatau.
Background
The Community Law Manual provides an overview about the law when other people can legally make decisions for you in Aotearora New Zealand. See more information from Firstport about support decision making.
The report, Diversity, dignity, equity and best practice: a framework for supported decision-making (2023), looked at supported decision-making for people with cognitive disabilities in Australia. The report summarises findings from a literature review, online survey of research and practice networks, and focus groups and interviews with people with cognitive disabilities, family members, representative groups, policy makers and advocates. The report outlines the benefits of supported decision-making, sets out nine principles and eight essential elements of a ‘Diversity, Dignity, Equity and Best Practice Framework for Supported Decision-making’ and recommends implementation strategies. It was funded by the Australian Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability. The report is available in an easy read format and a video with sign language interpretation.
Article 12 of the UN Convention on the Rights of Persons with Disabilities addresses the rights of persons with disabilities to legal capacity or decision-making including the right to support and safeguards to prevent abuse. General Comment No. 1 from the UN Committee on the Rights of Persons with Disabilities provides further detail on Article 12 of the Convention.
The Office for Disability Issues | Te Tarī Mō Ngā Take Hauātanga gives an overview of the previous work done to improve disabled people's exercise of legal capacity and the move from substitute decision-making to supported decision making.
The report, Women, disability and violence: barriers to accessing justice (2018), discusses how denial of and problematic assumptions about legal capacity for disabled people increases risks for violence and impacts ability of victim/survivors to report and get legal assistance. For more information see the following:
- Not inherently vulnerable : an examination of paradigms, attitudes and systems that enable the abuse of dis/abled women (2017) by Debbie Hager
- Gendered denials: Vulnerability created by barriers to legal capacity for women and disabled women (2019) by Anna Arstein-Kerslake
Article 15 of the UN Convention on the Elimination of All Forms of Discrimination against Women addresses women's right to equal legal capacity. For more information see the book Legal Capacity & Gender: Realising the Human Right to Legal Personhood and Agency of Women, Disabled Women, and Gender Minorities (2021).
The UN Independent Expert on the enjoyment of all human rights by older persons identifies the limitation or denial of the right to legal capacity as a deprivation of liberty in her Report on older persons deprived of their liberty (2022). She also highlights the duty of States to establish safeguards to ensure informed consent for older persons. The General recommendation No. 27 on older women and protection of their human rights from the UN Committee on the Elimination of Discrimination against Women highlights that "Older women are particularly vulnerable to exploitation and abuse, including economic abuse, when their legal capacity is deferred to lawyers or family members, without their consent." The Recommendation also calls on States to "...ensure that older women are not deprived of their legal capacity on arbitrary or discriminatory grounds."
The report Elder Abuse in Aotearoa: The role and current state of MSD’s Elder Abuse Response Services (2019) identifies elder abuse risks from Enduring Power of Attorney.
For more information see the following:
- The role of financial planners in preventing, recognising and responding to elder financial abuse (2021) by Tina Cockburn, Kelly Purser, Sherrena Buckby and Kirsty Paynter [Australia]
- Examining access to formal justice mechanisms for vulnerable older people in the context of enduring powers of attorney (2020) by Kelly Purser, Tina Cockburn, and Elizabeth Ulrick [Australia]
- The Human Rights of Older Persons: A Human Rights-Based Approach to Elder Law (2020) by Lewis Bridget, Kelly Purser and Kirsty Mackie.
Update: Also see Enabling Disabled People to Live Good Lives: Embedding supported decision-making into disability law in Aotearoa, New Zealand by Frankie Karetai Wood-Bodley.
Update: The Family Violence Death Review Committee (FVDRC) published a position paper in August 2023 on Responding to adults at risk who need care and support and who are experiencing family violence. It gives an overview of the issues associated with (mis)identifying adults at risk who need care and support and who are experiencing family violence. It highlights the need to look carefully at situations where the capacity, capability and wellbeing of both the carer and the adult at risk are in question.
Also see the book chapter Who do we turn to? Safeguarding residents in aged care settings from abuse and neglect in New Zealand by Kate Diesfeld published in September 2023.
Related news
The UN Independent Expert on the enjoyment of all human rights by older persons is calling for inputs on violence, abuse and neglect of older persons to inform a report. Inputs are due by 1 March 2023.
Manatū Wāhine | Ministry for Women is inviting feedback on New Zealand's draft 9th report on progress related to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Feedback is due by 24 March 2023.
Related media
Kiwis treated under compulsory care laws hits record high, Newsroom, 13.10.2023
UN expert calls for ‘new philosophy’ to better serve persons with disabilities, UN News, 13.03.2023
Review of adult decision-making capacity law is 'long overdue', Stuff, 17.12.2022
Disability advocates concerned over rise in guardianship applications, Newsroom, 05.07.2022
Consultation on draft CEDAW report
Manatū Wāhine | Ministry for Women in collaboration with other government agencies has drafted the 9th periodic report on New Zealand's implementation of the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). The Ministry is inviting public feedback on the draft report.
The closing date to give feedback is 24 March 2023.
The Ministry noted that this version of the 9th periodic draft report was approved for release by Cabinet. Since this version was approved, some details in the draft report have progressed further. The Ministry has shared a document that outlines those changes.
The draft report includes a section on gender-based violence against women. However, many sections throughout the report are related to and reference violence against women.
The report specifically responds to the list of issues from the UN Committee on the Elimination of Discrimination against Women. The Committee's list asks questions about outcomes for women in Aotearoa New Zealand and progress on the Committee's previous concluding observations (CEDAW/C/NZL/CO/8) on New Zealand's 8th CEDAW report. See our news story that highlighted the UN Committee's previous concluding comments related to violence against women and the UN Committee's further recommendations on the 2021 interim report.
You can make a submission on the draft report to the Ministry by:
- completing an online survey
- completing a downloadable form
- Emailing your feedback to info@women.govt.nz
- Posting your feedback to Level 9, Qual IT House, 22 The Terrace, PO Box 10 049, Wellington, New Zealand.
After this public consultation, the Government will submit the final report to the UN Committee in July 2023. The Ministry has noted that the UN review of the final report has not yet been scheduled, but generally takes place 1-2 years after submission of the report.
Update: The Government has submitted the 9th periodic report on the Convention on the Elimination of All Forms of Discrimination against Women. You can read the final report on the Manatū Wāhine Ministry for Women website.
Background information
CEDAW is the primary international human rights treaty for women’s rights. The New Zealand government is required to report to the UN Committee on the Elimination of Discrimination Against Women every four years on New Zealand's progress in implementing CEDAW. The last reporting cycle was completed in 2018.
Non-government organisations may also submit alternative reports to the UN Committee, known as shadow reports.
For more information see CEDAW monitoring and previous CEDAW reports from the Ministry for Women.
Related news
The 67th session of the Commission on the Status of Women (CSW) is happening in March 2023. It is the main international forum dedicated to gender equality and women's empowerment. The priority theme for the 67th session is "Innovation and technological change, and education in the digital age for achieving gender equality and the empowerment of all women and girls." The Bureau of the Commission has released the Zero Draft of the CSW67 Agreed Conclusions that will be discussed and agreed at the CSW. Many of these relate to violence against women. In the recommended actions for governments, it specifically identifies "Preventing and eliminating technology-facilitated gender-based violence and protecting the rights of women and girls online" (see pages 15-16 of the Zero draft agreed conclusions). New Zealand will be sending a delegation in person to attend the CSW and feedback is welcome from civil society members. For more information contact caucus@women.govt.nz. Norie Ape has been selected as the NGO delegate for the NZ Government delegation.
UN Women has announced that the theme for the 2023 International Women's Day is “DigitALL: Innovation and technology for gender equality” to align with the 67th session of the CSW.
The UN Independent Expert on the enjoyment of all human rights by older persons is calling for inputs on violence, abuse and neglect of older persons to inform a report. Inputs are due by 1 March 2023.
In October 2022, the UN Committee on the Elimination of Discrimination against Women issued General Recommendation No. 39 calling on states to better protect the human rights of Indigenous women and girls, including addressing gender-based violence.
Article about family and whānau voice in death review process
The article, Te Pou: An Indigenous Framework to Evaluate the Inclusion of Family Voice in Family Violence Homicide Reviews, was authored by Michael Roguski, Denis Grennell, Synthia Dash, Irene de’Haan, Fiona Cram and Pauline Gulliver. The authors have been involved with in-depth reviews on behalf of the Aotearoa New Zealand Family Violence Death Review Committee (FVDRC).
The authors used an indigenous framework, Te Pou (2019), to critically reflect on how whānau voice is included in the death review process, identifying strengths and limitations of the current process and legislation. The framework was designed to guide the mortality review committees at the Health Quality & Safety Commission in interpreting and reporting on Māori mortality.
From October 2019 to November 2021, the FVDRC completed 6 in-depth reviews that included whānau voice, including Māori, Pasifika and Pākehā whānau. Reflecting on these reviews, the authors identified that "While the inclusion of whānau voice is a step forward for the FVDRC, it is apparent the process can be improved to place the whānau at the centre." They outline changes that can be made now, and call for a focus on healing and the "reconceptualization of the legislative framework and support system".
The authors discuss the importance of including the whānau voice to help ensure that fatality reviews take place within an understanding of the wider context of individual's and families' lives including an understanding of historical and structural inequities. The authors also note the limitations on their ability to involve whānau:
"Due to the legislative framework under which the FVDRC was established (New Zealand Public Health and Disability Amendment Act, 2010), whānau involvement is restricted to providing input through a discussion with representatives of the review panel. Whānau are unable to receive a copy of reports arising from the review process."
In the article, the term whānau includes family, whānau and friends of the deceased or offender to provide a wider scope than a 'nuclear family.' The authors use the term uiui whānau to refer to the conversations with whānau. In explaining their use of the term uiui whānau, the authors comment that:
The naming of the process being undertaken is something that the FVDRC has wrestled with. “Interviews” give connotations of a formal process, while the review team set out to ensure that participation is comfortable. At these early stages we have termed our process, uiui whānau, which describes a line of enquiry or questioning.
For the uiui whānau, the FVDRC is working towards a process of reconnection and healing.
The authors describe aspects of the uiui whānau that work well:
- FVDRC panel members engage with whānau with utmost respect
- Sufficient time and space is allowed for the process and for whānau to ask questions, noting that there are differences in the concept of time for Pasifika and Māori compared to western concepts of time
- Cultural leads make contact with the whānau, suggest koha, outline tikanga and open and close sessions
- Cultural leads also watch for indications of discomfort, trauma or miscommunication
- Cultural leads can help identify power imbalances and suggest strategies to address these
- Cultural leads follow up with whānau after the uiui whānau is completed
- Collaboration with kaumātua and kaupapa Māori researchers allows the review panel to deepen their understanding of the death event.
When discussing the valuable role of the cultural leads, the authors note that the kaumātua, in their role as cultural leads, must often navigate complex relationships, particularly when there is shared whakapapa with the whānau, highlighting:
"It is testament to those kaumātua who have been involved to date that they are able to negotiate the complexities of engagement and this underscores the importance of a considered appointment process for this role."
The authors also identified opportunities to improve:
- Readiness and barriers to participating could be considered by first establishing a trusted relationship between whānau and a kaumātua or cultural lead before inviting whānau to participate
- The limits on whānau participation means whānau can't participate in identifying recommendations
- The limits on whānau participation also means there is no reciprocal process for whānau to understand and engage with the outcomes of the review "re-establishing the inequitable relationship between agencies and whānau"
- Uiui whānau don't allow for informal conversations that could build trust and support whānau to share valuable insights
- Uiui whānau should allow for relationships to be developed and consideration of the broader needs of whānau, providing opportunity to identify unmet needs
- The process "cannot be considered a healing process due to confidentiality required by the legislation"
- The uiui whānau process is largely transactional in nature and does not support a relational approach.
In making recommendations, the authors discuss that it would be possible to involve whānau more fully in the review process within the current legislative framework by:
- "identifying components of the whānau interview that provided additional depth of understanding about the actions of statutory agencies and how they were received by the deceased and/or offender;
- reflecting this back to whānau members during a follow-up session to discuss the results of the panel review day; and
- co-producing recommendations alongside whānau members."
They also note that it might be possible to release finalised recommendations to whānau. However, the authors also note the burden that families might feel, since the current legislative framework creates no accountability for those recommendations to be actioned.
The authors highlight that the uiui whānau does not consider healing and "...does not allow for true engagement at a cultural level." They write that "...the FVDRC is guilty of assimilating Te Pou and the uiui whānau into a Western process." Instead, they propose that if the FVDRC replaced Western ideals of professional distance with a duty to care, it would frame "...the review as a component of a healing journey for whānau rather than the potential to reinforce structural power imbalances."
In discussing these reflections, the authors write:
"Using Te Pou highlights how the process, as it currently stands, reinforces power imbalances between the State and whānau bereaved by a family violence fatality."
Shifting power dynamics would allow the whānau to set the terms of engagement including the who, what, where and how. They also highlight that a truly reciprocal relationship would involve a follow up hui with a chance to discuss the findings and co-design the recommendations. The authors identify key features for such a process that are applicable across cultures:
- "Ensuring a place of belonging and connection when identifying the venue for engagement;
- Engaging with customs or processes to facilitate well-being;
- Allowing whānau to direct the conversation;
- Ensuring cultural supports before, during and after hui;
- Conducting follow-up conversations to feedback and co-design recommendations;
- Facilitate access to resources to ensure the long-term wellbeing of whānau."
In concluding the article, the authors highlight structural changes required for fundamental change. They argue that "The establishment of review panels and independent government entities without effective accountability frameworks minimises the voice of those most impacted." Further stating that:
“Embedding whānau in the review process requires that agencies are answerable for their characterisation of the deceased, offender, wider whānau and the decisions that were made."
They also call for a shift from an "...advocacy system for change, to a support system for healing" that is empowered to repair both systems and relationships.
Finally, the authors identify a need for policy reform, saying "Repositioning homicide reviews to be whānau-centric will require a reconceptualization of the legislative framework and support system requirements for review panels."
Background
See our previous news story about the use of the Māori framework, Te Pou, and related guidelines by the Family Violence Death Review Committee (FVDRC) when producing their sixth report.
The FVDRC's 7th report on family violence death review focuses on a call for duty of care.
Related news
The Health Quality & Safety Commission (HQSC) has announced a revised approached to the changes to national mortality review committees, including the Family Violence Death Review Committee. HQSC has decided to move directly to establishing a permanent National Mortality Review Committee (NMRC) from 1 July 2023. An interim national committee will not be set up. The media release further notes "All current committees will continue until the permanent NMRC is operating on 1 July 2023. Beyond then, members will be invited to become subject matter experts for their existing workstreams." HQSC also stated that in March 2023, they will release the terms of reference for the new NMRC and begin the appointment process. For more information see our previous news story, Changes to national mortality review committees, including FVDRC.
The Queensland Child Death Review Board published the report Reviewing the child protection system’s response to violence within families—Findings from an analysis of child death reviews involving domestic and family violence, in November 2022. They also commissioned the report Highly vulnerable infants, children and young people: A joint child protection mental health response to prevent suicide (2021).
UN Women and United Nations Office on Drugs and Crime (UNODC) published the report, Gender-related killings of women and girls: Improving data to improve responses to femicide/feminicide (2022). The media release states that globally "...on average, more than five women or girls were killed every hour by someone in their own family in 2021." The report highlights policy recommendations to support comprehensive and multisectoral approaches to prevent and address gender-related killings and other forms of gender-based violence against women and girls. For more information see the UN Women Five essential facts to know about femicide.
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
UN Expert calls for inputs
Dr. Claudia Mahler, the UN Independent Expert on the enjoyment of all human rights by older persons, has issued a call for inputs on violence, abuse and neglect of older persons.
The feedback will inform her next thematic report to the Human Rights Council in 2023 on violence, abuse and neglect of older persons.
The closing date to submit is 1 March 2023.
In the background to the call for inputs, Dr. Mahler notes that:
"Violence and abuse against older persons take different forms and occurs in all types of settings, including within families and at home, in care and health settings, at the workplace, in public spaces, in the media, in the digital space, and in emergency and humanitarian settings."
She also notes that the range of perpetrators can include family members, caregivers, legal guardians, health professionals, government workers and financial representatives.
Dr. Mahler is inviting written feedback from national and local governments, national and international non-governmental organisations, national human rights institutions, international and regional inter-governmental organisations, United Nations agencies and entities, activists, and academics.
There is a brief 2-page document that outlines the key questions (also available in Français and Español) that inputs are invited on:
- Legal, policy and institutional frameworks
- Forms of violence
- Intersectionality
- Data
- Access to justice
- Access to information
- Examples of good practices for preventing, monitoring and address violence and abuse against older persons.
Written contributions are limited to 1,500 words, and can be submitted by email to hrc-ie-olderpersons@un.org with the heading “Submission to the call for inputs on violence against older persons – 2023 HRC report”.
For more information see the call for inputs.
We have previously collected research and resources related to older people, elder abuse, ageism and wellbeing for older people in some of our previous news stories. See these news stories below. Or use the quick topic search elder abuse to find the latest research and resources in our library.
Update: The Family Violence Death Review Committee has published their submission Input for the report of the Independent Expert on the enjoyment of all human rights by older persons (2023).
Related media
Care worker who groped elderly woman sentenced, Newstalk ZB, 28.04.2023
Consultation on Court-appointed Interpreter Services Quality Framework
Update: The Ministry of Justice published Interpreter Services Quality Framework in May 2023. MOJ has also published a factsheet on the framework and guides to identifying if someone needs an interpreter and conducting proceedings with interpreters.
The Ministry of Justice (MOJ) is inviting feedback on a draft Court-appointed Interpreter Services Quality Framework.
The closing date to give feedback is 24 February 2023.
The Ministry developed the Draft Interpreter Services Quality Framework to enhance the existing Court-appointed interpreter service. It will help ensure that services are high quality and nationally consistent, and meet the needs of participants.
The Quality Framework Factsheet states the Framework "...formalises good practice already occurring and also introduces new standards, which are based on Australian standards adapted for the Aotearoa environment." The Factsheet summarises the main points of the framework related to criminal record checks, required qualifications, new mandatory online training modules, a new interpreter code of conduct, guidelines for briefings by counsel, court materials, access to employee assistance for interpreters, Court and Tribunal orientation and guidance on how to assess the need for an interpreter.
Family violence and sexual violence are referred to several times through the draft Framework. For example, under the Code of Conduct, related to Being impartial (page 22), it states that interpreters must not interfere with or prejudice the independence of the judiciary or the court by:
"altering or minimising a complainant’s or a witness’s descriptions of violence, even if they are describing interpersonal violence perpetrated by a spouse, a senior, elder or any person of high regard within a community."
The Code of Conduct also comments on reporting concerns about family violence and sexual violence (page 26-27) stating:
"If an interpreter has concerns about a participant’s safety, they should arrange to speak privately with the judicial officer or a court victim advisor about their concerns.
Once it is available, interpreters will be expected to complete the Ministry’s training to improve justice sector professionals’ awareness and response to family violence and sexual violence."
It further notes on page 27 that:
"When necessary, an interpreter must bring matters of immediate concern to the attention of the court at the time they occur (including when there is a concern of family violence or sexual violence). The manner in which this is done needs to be agreed with the judge before the hearing or trial."
The Framework also notes in relation to Family violence and sexual violence matters (page 37):
"Where an interpreter is booked for a matter involving family violence or sexual violence, different interpreters must be assigned for the victims and witnesses than assigned for the defendant. In sexual violence cases, the characteristics (for example, gender) of the interpreter will be assigned according to the victim’s preference."
Feedback is invited from anyone with an interest in improving access to justice, especially for people who communicate best in a language other than English. MOJ is particularly inviting feedback from:
- independent interpreters appointed to provide interpreting services to the courts and tribunals
- Language Service Provider (LSPs) who provides interpreting services to courts and tribunals
- lawyers who work with interpreters to ensure participants are represented in a proceeding in their spoken language
- members of the judiciary
- court and tribunal staff members who facilitate hearings with court appointed interpreters
- service providers to the court.
Feedback can be provided through an online survey. For questions contact the Ministry of Justice at 04 9132375 or serviceimprovement-csi@justice.govt.nz.
Related resource
The Ministry of Justice previously published handouts that provide translations of terms related to family violence in 13 different languages. The documents are designed to be used by interpreters working with people when English is a second language in proceedings involving family violence.
Report about the Pacific sexual violence workforce
The report, Experiences and support needs of the Pacific sexual violence workforce in Aotearoa New Zealand (2022), summarises findings from the first research to look at experiences of Pacific sexual violence practitioners in New Zealand.
The research was completed by Pacific peoples for Pacific peoples in partnership with the Te Ohaaki a Hine National Network Ending Sexual Violence Together (TOAH-NNEST) Pacific Steering Group, the University of Auckland, the University of Waikato, and Tapasā mo Aiga. The Ministry of Social Development Commissioned the research.
The research involved a literature review, an online survey and individual and group talanoa of past and current members of the Pacific sexual violence workforce. The online survey was completed by 40 participants and 13 participants engaged in the individual and group talanoa.
The authors found that a Pacific sexual violence workforce is emerging and is currently made up of less than 50 Pacific sexual violence specialists of Pacific descent. The online survey found that the workforce is mostly female (95%) but also includes male and non-binary/third gender members as well; is well qualified with 80% holding at least an undergraduate degree; is older with 70% over 40; and majority Samoan ethnicity (51%) but overall a very diverse group from across the Pacific.
Most (87%) are employed by non-government agencies, with 24% as social workers and 24% as counsellors. Many do extra or pro bono work for Pacific clients who need but cannot meet service costs or are not eligible for funding support. The researchers called for further research to look at the context and extent of this and the impact on the Pacific workforce.
A majority (56%) have worked in the sexual violence sector for 2 years or less. The researchers also found:
"....that the Pacific SV [sexual violence] workforce who participated are scattered and feel isolated across the country and within their respective services. Most participants spoke about working in silos within their workplace. Some participants used the opportunity to participate in this talanoa to connect, sometimes for the first time, with other Pasifika people working in the same area."
People responding to the survey, said that Pacific clients make up less than 20% of their total clients and of those there is a wide range of Pacific ethnicities represented but most are likely to be Samoan, Tongan, Cook Island and/or Fijian (both Indigenous Fijian and Indo-Fijian). Of the survey participants, 94% have used Pacific values, practices and protocols in their work with Pacific sexual violence clients and "...these values, practices, and protocols are informed both by Pacific cultural (including indigenous) and faith-based concepts and belief systems." The use of these practices and models was diverse with many participants sharing how they adapted their work in response to the individual needs of clients. In some cases, individuals did not have resources, information or training to support the use of Pacific practices and models.
The researchers noted that "At present there is no specific Pacific sexual violence service model or workforce development framework in use in Aotearoa NZ" and that:
"Participants were familiar with Pacific, western and Māori models and/or frameworks of care in their practice. In particular, the Fonofale, Teu le va, Te Whare Tapa Wha and Narrative CBT models/frameworks, but also – though to a lesser degree, the Nga Vaka o Kainga Tapu frameworks. Overall, participants utilised one or more of these models/frameworks in their practice, integrating them in ways considered appropriate for the case at hand.
The vā was considered a key Pasifika principle of care that underlined Pasifika SV approaches to both crisis and prevention work."
The literature review found that Pacific approaches to sexual violence "...are culturally nuanced or specific, strengths based, healing-focused, and family and/or community-led."
With many leaving the sexual violence workforce after just 2 years, findings from the online survey found that personal (including family) reasons was the main reason, but financial, workload, burnout, and professional and cultural safety, were also main reasons for leaving.
Throughout the report, the researchers identified a number of areas for action. Some of they key needs include:
- a formal national Pacific sexual violence network to support and advocate for the Pacific sexual violence workforce
- a Pacific-led multiservice agency to coordinate Pacific expertise, referrals, and client support
- ongoing cultural and clinical supervision that is well versed in Pacific cultural and clinical sexual violence issues, frameworks and models
- better infrastructure and support for career progression, professional development, supervision, mentoring and leadership opportunities
- targeted and culturally nuanced workforce education and training initiatives around sexual violence prevention including issues related to consent
- workforce development that considers that Pacific practitioners draw on formal and informal support networks, with Pacific faith-based communities and families providing a significant amount of the informal support
- more specialised Pacific sexual violence practitioners in state agencies including ACC, evidence units (within Police and Justice) and the courts generally
- a holistic approach to government funding and assessments that is consistent with holistic Pacific models and frameworks of care.
Other issues surfaced through the research including a call for a new Pacific acumen, a new understanding, of Pacific sexual violence. The researchers specifically write:
"Two such topics in need of this deeper and careful probing might be, for example, one, that of what sex and consent mean in different Pacific spaces, and two, that of what to make of the inextricable relationship between Pacific indigenous values and Pacific faith-based values when interpreting the practice of vā in contemporary Pacific models of care? Probing these questions may lead to constructive reflections on the historical and structural contexts and impacts of the relationship between:
(a) Christianity and colonialism in the Pacific, and the neo-colonial effects of that relationship on present-day Pacific sexual attitudes, values, judgements, consent, and control practices in Aotearoa NZ,
(b) Liberal/neoliberal democratic state policies and practices and Pacific SV systems, models and frameworks of restorative justice, care, and healing, and
(c) Māori as tangata whenua and Pasifika as tauiwi working separately and together in the prevention and elimination of SV in Aotearoa NZ.
Each of these areas if probed deeply can offer resources for recasting and reimagining ‘the known’ of Pacific SV in Aotearoa NZ."
They also call for further research and highlight that the Pacific sexual violence workforce can provide leadership on how best to address this research including looking at the current knowledge gap on what consent means in Pacific sexual violence spaces, noting:
"Issues of consent in sex speaks directly to Pacific taboos and moral judgements around sex, sex education, sexual orientation, and sexuality, informed by contemporary Pacific cultural and faith-based understandings of tapu and vā. Literature review, questionnaire and talanoa findings suggest that probing consent in Pacific spaces raises personally uncomfortable and thus frequently avoided discussions for the Pacific SV workforce. This means a lot of care must be employed when engaging Pacific peoples in the SV workforce in conversations about the ambiguities, ambivalences, slippages, and contradictions of consent and sex within universalised definitions. Being aware of and having opportunity to debate these ambiguities can be confronting but can also create opportunities to address judgemental practices and community fears of confidentiality breaches, offering the potential to improve one’s inclusive practice and professional standards."
The researchers also cautioned against homogenising Pacific cultural differences when privileging Pacific languages and concepts, noting that "Without this conscious or deliberate effort there is a significant risk that these pan-Pacific frameworks will further isolate and marginalise these smaller Pacific ethnic populations and hinder their access to the help they need."
The report concludes with 5 recommendations:
"1. The emerging national Pacific SV workforce network be supported to bring the Pacific SV workforce together from across the SV sector and Aotearoa NZ, to advocate on behalf of the workforce and to explore the viability of a Pacific SV multi-service agency.
2. The findings of this research report be used to inform SV sector planning and investment in Pacific SV workforce development, bearing in mind the significant work already carried out by the Pacific health and Pacific family violence sectors on overlapping Pacific workforce support needs.
3. A review be undertaken of the impacts and/or effects of relevant state funding, reporting, evidence-building systems and evaluation processes on the productivity and retention of Pacific SV practitioners and on their potential to re-traumatise Pacific SV survivors.
4. The SV sector invest in growing Pacific cultural and clinical supervision expertise, Pacific SV workforce career and/or professional development and/or leadership pathways and recognises the contribution that informal Pacific networks play in supporting Pacific practitioner self-care and workforce retention strategies.
5. Because of the high numbers of male Pacific sexual violence offenders, the paucity of information or knowledge on the support needs of Pacific LGBTQ+ peoples and Pacific youth affected by sexual violence, and on the positive value associated with peer support services, more work is needed by the SV sector to attract more Pacific males, youth and LGBTQ+ persons to the SV workforce."
For more information read the full report or see the Summary for Government stakeholders or Summary for participants. Also see the highlight from Pasefika Proud.
Related news
The Kāiga Tokelau Wellbeing National Strategic Plan was launched in Wellington in October 2022. The 5-year plan, supported by Pasefika Proud, is the first national wellbeing plan for Tokelau people in Aotearoa New Zealand. It is one of the national wellbeing plans for ethnic specific Pacific groups being developed as part of the Pasefika Proud work programme set out in the Pasefika Proud Pathways for Change Framework launched in 2019. Learn more about this work programme from Pasefika Proud on achieving wellbeing.
My Baby’s Village Community Fund is currently accepting applications for funding until 10 February 2023. The fund provides a pool of funding to Pacific communities and family groups across Aotearoa. The funding is available for Pacific communities and families to lead ideas and initiatives that will have a positive impact on one or more of the following four priority areas:
- Pacific infant care
- Strengthening family relationships
- Child and family health and wellbeing
- Building community/village support systems for children and their families.
My Baby’s Village is a growing collective of cross-sectoral organisations, community groups, non-government organisations, health providers, churches, and community champions working together to do more to bring about positive and long-lasting change for the health and wellbeing of Pacific families. A number of organisations are involved including Pasefika Proud, LeVa, the Cause Collective, Oranga Tamariki, NZ Police and many more.
Related media
Submissions open on the Human Rights (Incitement on Ground of Religious Belief) Amendment Bill
Update: On 8 February 2023 Prime Minister Chris Hipkins announced that the Human Rights (Incitement on Ground of Religious Belief) Amendment Bill would be withdrawn and the matter referred to the Law Commission.
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The Justice committee is accepting submissions on the Human Rights (Incitement on Ground of Religious Belief) Amendment Bill.
The closing date to make a submission is 2 February 2023.
The bill would amend the Human Rights Act 1993 to include faith-based communities in the existing protections against incitement. The Ministry of Justice noted:
"It is already illegal to publish or distribute threatening, abusive, or insulting words likely to ‘excite hostility against’ or ‘bring into contempt’ any group on the grounds of colour, race, ethnic or national origins.
Those grounds will be extended, in both the civil (section 61) and criminal (section 131) provisions, to cover religious belief."
The legislation is part of the government's work related to laws against incitement of hatred and discrimination in response to recommendations of the Royal Commission of Inquiry into the terrorist attack on Christchurch masjidain in 2019.
Newsroom has published a brief overview of New Zealand's hate speech laws and the proposed changes.
Community and advocate responses
Te Kāhui Tika Tangata | the Human Rights Commission has raised concerns about the proposed legislation, saying:
"Representatives of communities left out of the Government’s plans to tackle incitement have told Te Kāhui Tika Tangata, the Human Rights Commission, they have been left vulnerable by their exclusion."
While the Commission welcomed protection on religious grounds, the Commission called for protections to also "...include speech that incites hostility and hatred based on disability, sexual orientation and gender – in addition to the existing protections for colour, race, ethnic or national origins."
The Commission also highlighted Government responsibilities under Te Tiriti o Waitangi "...to protect Tangata Whenua communities from harmful speech, including takatāpui Māori (LGBTQ+ Māori), tāngata whaikaha (disabled people) and wāhine."
The Commission noted that extending protections for more groups to be able to seek help under the Human Rights Act would not change the legal test or threshold of what is unlawful, saying that "The threshold should not be confused with widening the protection to include the most vulnerable groups."
The Disabled Persons Assembly NZ has also raised concerns that the proposed legislation excludes banning hate speech and incitement of violence against the queer community, women and disabled people. Advocate Shaneel Lal has launched a petition calling for the government to include the queer community, women and disabled people under hate speech law changes.
See further comments from advocates and communities in the related media below.
Minister Allan spoke to Newshub about the proposed changes and the concerns raised by communities and advocates.
Law Commission to look at laws against incitement of hatred and discrimination
The Government has also asked the Law Commission | Te Aka Matua o te Ture to further review protections and legal responses related to incitement of hatred and discrimination. In announcing this work, Justice Minister Kiritapu Allan said:
“Until the Law Commission has done that work, there will be no changes to the definition of groups protected from discrimination, or any changes to how the existing legal regime against incitement operates in terms of thresholds, offences or penalties, as originally proposed.”
The December newsletter of the Law Commission | Te Aka Matua o te Ture noted that Minister Allan referred the following issues to the Commission to review:
"*Protections in the Human Rights Act 1993 for transgender people, non-binary people and people with diverse sex characteristics;
*Legal responses to hate-motivated offending (which is sometimes called “hate crime”);
*Legal responses to speech that expresses hostility towards, or contempt for, people who share a common characteristic (which is sometimes called “hate speech”)."
The Law Commission will do this work in 2 phases. The first phase will look at the protections in the Human Rights Act for transgender people, non-binary people and people with diverse sex characteristics. It will start on 16 January 2023. It will not examine hate speech or hate crime. You can learn more and subscribe for updates on this work on the Law Commission's Sex, Gender and Discrimination project webpage.
Update: In August 2023, The Law Commission published Terms of Reference for Ia Tangata | A Review of the Protections in the Human Rights Act 1993 for people who are transgender, people who are non-binary and people with innate variations of sex characteristics. The Law Commission expects to publish an Issues Paper in mid-2024 and to provide opportunities for public engagement, including submissions.
Update: In July 2023, the UN Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, Victor Madrigal Borloz, released the report Protection against violence and discrimination based on sexual orientation and gender identity (A/78/227). It looks at the impact of colonialism in violence and discrimination based on sexual orientation and gender identity, and how this relates to human rights. The report includes 12 recommendations for UN Member States. An easy to read version of the report is also available.
The second phase will look at Legal Responses to Hate. This project has not yet started. You can subscribe to updates from the Law Commission.
Background
The final report from the Royal Commission of Inquiry into the terrorist attack on Christchurch masjidain was publicly released in December 2020. In the recommendations (section 5.5), the report stated:
"New Zealand’s legal system does not adequately deal with hate crime and hate speech. The current laws do not appropriately recognise the culpability of hate-motivated offending, nor do they provide a workable mechanism to deal with hate speech. Change is required to both the law and New Zealand Police practice (Part 9, chapter 4)."
Part 9, Chapter 4 of the final report looked at areas for improvement in New Zealand's legal framework and Police practice to address hate crime and hate speech. In addition, the Royal Commission also published a paper about the concepts of hate speech and hate crime, New Zealand’s current laws and proposals for change.
In response to the recommendations of the Royal Commission, the Ministry of Justice ran a public consultation in 2021 on 6 proposals on existing law related to incitement of hatred and discrimination, sometimes referred to as hate speech or hate crimes. More than 19,000 submissions were received. The Ministry of Justice has provided a summary of the submissions on proposals against incitement of hatred and discrimination and a summary of the engagement for the consultation.
In December 2021 NZ Police published a report and action plan on improving their response to hate crime. Following the terror attacks on Christchurch masjidain, the Evidence Based Policing Centre held workshops with community groups, Police groups and partner organisations to better understand the incidence and impact of hate crime. Findings were published in the report, Improving our response to hate crime: Views and opinions of our people and our communities (2021). Police also published an Action Plan: Improving our Response to Hate Crime Report (November 2021).
In December 2019 the New Zealand Human Rights Commission published a resource on the legal framework governing hate speech - Kōrero Whakamauāhara: Hate Speech. The resource includes definitions of hate speech and outlines the legal framework in New Zealand and overseas.
Netsafe published research in 2019 about the personal experiences of adult New Zealanders in relation to online hate speech, and comparisons to Australia and Britain.
Related news
The Office of the United Nations High Commissioner for Human Rights (OHCHR) and the Equal Rights Trust published Protecting Minority Rights: A Practical Guide to Developing Comprehensive Anti-Discrimination Legislation (2023). The Foreword notes:
"Based on an exhaustive analysis of international law and extensive consultations with experts from across the globe, it [the guide] provides clear, unequivocal guidance on the laws which States must adopt in order to fulfil their obligations to respect, protect and fulfil the rights to equality and non-discrimination."
The guide covers State obligations, content of comprehensive anti-discrimination law, protection of minority rights, discriminatory violence and hate crime, discrimination and expression, and obligations to address the root causes of discrimination.
In announcing the guide, independent United Nations experts issued the following call to action:
"*We call on all States which have yet to develop comprehensive anti-discrimination laws to make this a priority for the coming year.
*We urge States now developing, drafting or consulting on comprehensive anti-discrimination laws to accelerate the process; and
*We ask States which have enacted laws aiming to provide comprehensive protection to review these in order to ensure that they are effective and consistent with international law, and to ensure effective implementation and adequate remedies."
Related media
Speech as a right to empower, speech as a weapon to silence, The Post, 29.05.2024
Adding gender to the Human Rights Act – what’s the big deal?, The Spinoff, 07.05.2024
Tikanga Māori and the rights and obligations of free speech, E-Tangata, 05.05.2024
Tina Ngata: Why we walked away, E-Tangata, 07.04.2024
Dignity should never be sacrificed on the altar of free speech, Newsroom, 05.04.2024
The rise and rise of intolerance in the online world, The Press, 29.03.2024
Community at heart of hate response, SunLive, 21.11.2023
How an absolutist approach to free speech is obscuring hate speech, Stuff, 23.03.2023
FIANZ asks the Government for hate speech legislation funding, timeline, Stuff, 16.03.2023
Work must continue on hate speech law – Foon, Waatea News, 15.03.2023
Sasha Borissenko: Is enough being done to combat ‘hate speech’?, NZ Herald, 30.01.2023
Police double extremism intelligence unit as election and census challenges near, Stuff, 27.01.2023
When are we going to address misogynistic abuse?, Newsroom, 22.01.2023
Shame on our misogyny: It's no wonder Jacinda Ardern was driven from office, Stuff, 22.01.2023
The Whole Truth: Do female politicians get worse abuse?, Stuff, 21.01.2023
Shaneel Lal: I fear we are entering a decade of war on queer lives, NZ Herald, 31.12.2022
Social media admins on the frontlines of hate speech, Newsroom, 13.12.2022
FIANZ criticises govt for ignoring Royal Commission points on hate speech, R
Submissions open on Sale and Supply of Alcohol Amendment Bill
Update: The Sale and Supply of Alcohol (Community Participation) Amendment Bill passed its third reading in August 2023.
The Justice Committee is calling for public submissions on the Sale and Supply of Alcohol (Community Participation) Amendment Bill.
The closing date to make a submission is 12 February 2023.
The purpose of the bill is "...to improve communities' ability to influence alcohol regulation in their area by making targeted changes to the alcohol licensing process provided for in the Sale and Supply of Alcohol Act 2012."
Justice Minister Kiritapu Allan introduced the bill in December 2022. She said:
"This Bill implements the first phase of alcohol reforms and will give power back to the community. The changes will address three persistent issues identified by local communities:
*Difficulties in adopting and applying local alcohol policies (LAPs)
*The excessive limits placed on who can object to licence applications, and
*The legalistic and adversarial nature of alcohol licensing hearings."
In October 2022, Minister Allan announced the plans for reform and said:
"These amendments are just the first steps in fixing alcohol laws. The Government will be doing future work to look at licensing structures and processes, marketing and sponsorship, pricing, and changes to ensure the law is responsive to new products and retail models."
Minister Allan has said that she will consider the Government’s plan for the second phase of alcohol reforms early this year.
One News interviewed Minister Allan about the alcohol reform plans.
Hāpai te Hauora and Alcohol Healthwatch welcomed the bill. Executive Director of Alcohol Healthwatch, Dr Nicki Jackson said:
"For any person, or organisation serving their communities, wanting to have a say about how alcohol is sold in their neighbourhood, this Bill paves the way for more meaningful and fair contribution. We’re pleased to hear the calls of the community answered and respected."
See the related media below for more information and comments from advocates.
Update: Prime Minister Chris Hipkins has announced that the government will postpone the second phase of reforms, with the media release noting:
"Deferring advice on the second part of legislation looking at alcohol reform that relate to pricing, sponsorship and advertising. This will now be pushed back to April 2024, rather than come to Ministers in March this year."
Chlöe Swarbrick and Rebecca Williams, the Executive Director of Alcohol Healthwatch, spoke to Today FM about the announcement to delay the second phase of reform.
More information
The bill is different to Chlöe Swarbrick's Member's bill, Sale and Supply of Alcohol (Harm Minimisation) Amendment Bill. This bill had its first reading and debate on 7 December 2022, but debate was not finished before Parliament adjourned for the holidays. For more information about how Swarbrick's Member's bill is different, see the Conversation article Why New Zealand must consider restricting alcohol sponsorship of broadcast sports as part of a wider law reform and the NZ Herald article Green MP Chloe Swarbrick forces Government's hand on alcohol reform.
For more information about the link between alcohol and violence, see our bibliography for Alcohol and other drugs and family violence (2015) or search our library under the term alcohol.
Related news
Hāpai te Hauora is calling together marae, hapū and iwi leaders, community activators, public policy advocates and Hauora Māori Kaimahi to wānanga how alcohol policy in Aotearoa can be reimagined when informed by Te Āo Māori. The free event is scheduled to take place 19-20 January 2023 in Auckland. Register to attend.
Related media
Policy purge: Chris Hipkins cuts a swathe of once trumpeted Government projects, Stuff, 13.03.2023
Public, organisations have say on proposed changes to alcohol rules, Stuff, 01.03.2023
Alcohol Harm Reduction w/ Sarah Sneyd, 95bFM, 10.11.2022
Community relief as booze barristers get shut out, Waatea News, 01.11.2022
Law change hope for booze busters, Waatea News, 31.10.2022
Māori blocked from waipiro decisions, Waatea News, 21.10.2022
Why we want to see an end to alcohol sponsorship, Stuff, 12.10.2022
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