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The bill would amend the Oranga Tamariki Act 1989 by partially repealing the subsequent-child provisions. It would also repeal a redundant information-sharing provision and amend technical errors and ambiguities.
The closing date for submissions on the Oranga Tamariki Amendment Bill is 20 February 2022.
Currently under the Oranga Tamariki Act 1989, a subsequent child is defined as any child, born or unborn, who has a parent who has been convicted of the murder, manslaughter, or infanticide of a child or young person (section 18B(1)(a)) or who has had a previous child or young person removed from their care and there is no realistic possibility that they will be returned to that person’s care (section 18B(1)(b)). Currently, if Oranga Tamariki receives a Report of Concern about a subsequent child, then the subsequent-child provisions apply. These provisions require Oranga Tamariki to either apply to the family court for a care and protection order, or to apply for confirmation that a child is safe to remain with their parents.
According to the call for submissions from the select committee, the Oranga Tamariki Amendment Bill would:
"...partially repeal the subsequent-child provisions. The bill proposes that the subsequent-child provisions would no longer apply to people who have had children or young people previously removed from their care. The subsequent-child provisions would continue to apply to persons convicted under the Crimes Act 1961 of the murder, manslaughter, or infanticide of a child or young person who was in the person’s care or custody at the time of the child’s or young person’s death."
The Explanatory note for the amendment bill states:
"The subsequent-child provisions, which came into effect on 30 June 2016, were intended to introduce an automatic, mandatory response to ensure greater oversight over the safety of subsequent children. However, a first principles review of the provisions in 2019 found that they were not operating in a way that promoted the best interests of children, nor as originally intended."
In addition, the bill would repeal section 66D of the Oranga Tamariki Act 1989. This section provides that a child welfare and protection agency may use information relating to a child or young person to produce, link, or analyse datasets of information and produce combined datasets.
In giving evidence to the Waitangi Tribunal as part of the Tribunal's He Pāharakeke, He Rito Whakakīkīnga Whāruarua | Oranga Tamariki Urgent Inquiry (WAI 2915), former Children's Commissioner Andrew Becroft described the subsequent-child provisions as a "pernicious, misguided and entirely counterproductive provision that should be consigned to the dustbin of history forthwith”, ultimately concluding that the provisions "constituted 'organisational racism'."
When discussing the proposed changes, Minister for Children Kelvin Davis acknowledged that the provisions were in breach of the Treaty. He also noted that they "placed social workers in a difficult situation as they undermined the ability of social workers to work meaningfully with whānau, with hapū, with iwi, and with communities."
Submissions are due by 20 February 2022.
This bill is different than the Oversight of Oranga Tamariki System and Children and Young People's Commission Bill. Submissions on this bill closed on 26 January 2022 which proposed changes to the monitoring and oversight of Oranga Tamariki, including changes to the Office of the Children's Commissioner. For more information, see our news story below.
Update: The Oranga Tamariki Amendment Bill passed its third reading in Parliament on 13 December 2022. It received Royal assent on 16 December 2022, and comes into force the day after receiving Royal assent.
Related news
In December 2021, the government released the report He Purapura Ora, he Māra Tipu - From Redress to Puretumu Torowhānui. The report from the Abuse in Care Royal Commission of Inquiry makes 95 recommendations. From the executive summary the report is:
"about the struggle of many survivors of abuse in care to restore their lives, regain their mana and hold previous and current government of the day, State and faith-based institutions to account for the abuse survivors suffered. It’s about the failures of those institutions to respond to the needs of survivors. This report also looks to the future, to what ‘redress’ should be available to survivors of abuse in care – that is, what is needed to put right the deep harm that has been done to individuals, their whānau and communities through abuse in care."
It is available in English, Te Reo Māori, Easy read and a NZSL video of the executive summary.
In releasing the report, the government announced that work will start on developing a new, independent, survivor-focused redress system stating that "A new redress system will be developed to help implement the recommendations made by the Royal Commission, alongside those who have been affected, their representatives and communities." Work is expected to start on designing the redress system in 2022 with final decisions to be made by Cabinet in mid-2023.
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OT approves payment after Newsroom investigation, Newsroom, 11.03.2022
Children’s monitor hits milestone in scrutiny of Oranga Tamariki, Newsroom, 04.02.2022
Children's Commissioner Welcomes Insights From ICM Report Into State Care, Scoop, 01.02.2022
Monitoring committee no substitute for Children’s Commissioner, Waatea News, 27.01.2022
Push to ‘save’ Children’s Commissioner from govt reforms, Newsroom, 24.01.2022
Child Matters warns of little action on dealing with high rates of child abuse, RNZ, 23.01.2022
Advocacy group urges Government to slow down on new OT laws, RNZ, 19.01.2022
OT: Expert warns against stripping Children's Commissioner role, RNZ, 19.01.2022
Are we ready to scrap the role of Children’s Commissioner?, The Spinoff, 19.01.2022
A plea for help, then descent into hell, Newsroom, 28.12.2021
Harmful sexual behaviour among children in care rising fast, RNZ, 24.12.2021
New members to join Oranga Tamariki Advisory Board, Beehive media release, 20.12.2021
Oranga Tamariki slashes size of leadership team, Newsroom, 17.12.2021
Oranga Tamariki underspends by $4m on support for child victims of sexual violence, RNZ, 17.12.2021
Abuse redress long process, Waatea News, 17.12.2021
Aunties take charge for new Oranga Tamariki hub, Waatea News, 16.12.2021
Abuse redress must restore mana, Waatea News, 16.12.2021
Royal Commission inquiry into abuse in care releases interim report on redress, RNZ, 15.12.2021
Nowhere to hide for NZ, a place of abuse and torture, Newsroom, 15.12.2021
Govt finally moves to repeal ‘subsequent child’ uplifts, Newsroom, 25.11.2021
Researchers and advocates have been exploring and documenting the impacts of the COVID-19 pandemic to victim/survivors, to staff and advocates, and to organisations working to address violence.
There is a growing amount of new research, guides and resources being published internationally. We regularly add these resources to our Library and they can be found by using our Quick Topic Search on COVID-19. Below we highlight findings and advice from some of this new research.
How violence has changed
Even before the pandemic, research had indicated that perpetrators' violence can change and become worse during emergencies like the COVID-19 pandemic. New research has begun to document ways in which perpetrators are using the pandemic and public health measures to further control, abuse and harm victims. For example see the following articles:
- Update: Locked out or let in? Learning from victim-survivors’ remote help-seeking experiences during COVID-19 (2023) explores victim | survivor experiences of accessing services, noting both increased challenges and in other cases, improved opportunities, to accessing services.
- Weaponizing COVID-19: how the pandemic influenced the behavior of those who use violence in domestic and family relationships (December 2021) explores how perpetrator's violence has changed
- Intimate partner violence during the COVID-19 pandemic: a survey of women in Australia (October 2021) reports findings from a survey of women in Australia about intimate partner violence and help seeking during the pandemic (also see the at a glance fact sheet)
- The Same Dynamics, Different Tactics: Domestic Violence During COVID-19 (August 2021) reflects on new tactics used by domestic violence perpetrators during the pandemic including insights from the US-based Battered Women's Justice Project
- ‘I Think it Just Made Everything Very Much More Intense’: A Qualitative Secondary Analysis Exploring The Role Of Friends and Family Providing Support to Survivors of Domestic Abuse During The COVID-19 Pandemic (June 2021) interviewed informal supporters of survivors about the changes they have observed
- Survivors’ Experiences of Intimate Partner Violence and Shelter Utilization During COVID-19 (June 2021) interviewed survivors engaged with services about their experiences
Reflecting on changes to services
Organisations and service providers have rapidly adapted and changed to continue services during the pandemic. For many agencies this has meant online and remote ways of working. It is important to review rapid changes made to services including changes that rely on technology. These changes may have created new ways of working, but they may also have introduced new barriers or risks to safety for victim/survivors.
The US-based National Network to End Domestic Violence encourages re-assessing these decisions to adopt new technology. They have created a Digital Services Toolkit which has a number of resources that can help.
The European Network for the Work with Perpetrators of Domestic Violence has developed a COVID-19 Revision of Practice Toolkit (2021) which invites providers to reflect on changes to their practice and consider positive and negative impacts, including how changes might affect risks.
Key questions to ask are whether the changes still fit and if the changes effectively address safety for victims. These articles from the Australia Institute for Families address Responding to the coronavirus pandemic: Documentation tips for monitoring and evaluation and Responding to the coronavirus pandemic: Assessing rapid service changes (June 2020).
For more information and Aotearoa New Zealand resources, see our section on Using technology safely to reduce face-to-face contact for Information for specialist family violence and sexual violence services.
Supporting organisations and staff
Many researchers have been documenting the impacts to organisations and staff who work to address violence. Advocates and staff have continued to experience increased personal, community and professional responsibilities and pressures from the impacts of the pandemic. We've previously highlighted The Best Practice Guidelines: Supporting the Wellbeing of Family Violence Workers During Times of Emergency and Crisis (2021) from Australian researchers. For more information see the news story below and our new resource page on Advocate and Worker Wellbeing (in the context of covid).
Data and statistics on violence
We've previously highlighted the many reasons it can be difficult to get accurate or meaningful statistics about gender-based violence during an emergency. In the article, The pitfalls of modelling the effects of COVID-19 on gender-based violence: lessons learnt and ways forward (2021), the authors identified five key critiques about using modelling to make projections about and measure gender-based violence. They conclude that "in uncertain and turbulent periods, local, context-specific GBV knowledge may make the most important contribution to rapid prevention and response efforts."
More information
We highlighted previous research in the first year of the covid pandemic in our FAQ Part 1: Understanding the impacts of COVID-19 and FAQ Part 2: Addressing the impacts of COVID-19.
More recently, we've updated key information across our webpages on Preventing and responding to family, whānau and sexual violence during COVID-19 which covers:
- Updates from government agencies (where to find key information related to responding and preventing violence)
- For family, whānau and sexual violence services
- For non-specialist services
- For people experiencing abuse
- For people using abuse
- For parents
- How to help
- Advocate and worker wellbeing.
We occasionally update these pages as new essential information is published. The information on our Te Whare Māori pages, compiled by Ngā Wai a te Tūī Māori and Indigenous Research Centre, is not being updated but remains an important resource. For up to date information about COVID-19 and support for Te Ao Māori, Te Puni Kōkiri's website provides a one-stop source of information.
Related news
As public health measures mean changing restrictions, such as self-isolation, it continues to be important that people know they can leave their home or bubble at any time if they are unsafe and that family violence and sexual violence services are always available. The official COVID19.govt.nz webpage lists helplines and where to go for help.
The Joint Venture Work Programme update for September 2021 included safety messages for wide distribution and identified five top line messages:
- Crisis services are open
- You can leave your bubble if you’re not safe
- Family violence and sexual violence support lines are open for people to call, email or text
- If someone is in danger call Police on 111
- When dialling 111 follow the operator’s instructions if you can’t speak.
Victim/survivors can also access the Shielded website for help. Remind victim/survivors to look for this icon
at the bottom of websites. The icon opens the shielded.co.nz website. When you open the website by clicking on the icon, it won't appear in internet browser history. It has information on getting help.
The Kids and Gender toolbox is designed for parents to support children who challenge gender norms.
White Ribbon worked with Hohou Te Rongo Kahukura – Outing Violence and Rainbow Hub Waikato to develop the new toolbox. White Ribbon Manager Rob McCann said “The new toolbox is really for parents who haven’t yet connected with the Rainbow world, so they can understand what is happening better, and be loving and supportive of their Rainbow children.”
The toolbox uses plain language to explain common terms, provides advice on how to respond to your child's questions, suggests ways to provide support and love for your child, lists ways to find support for yourself, and includes where to go for more information and resources. It also has information about parenting transgender kids before, during and after puberty.
The toolbox includes information and lists resources for Takatāpui children and their whānua, Pasifika families with Rainbow family members and Rainbow people of faith.
Sandra Dickson, Hohou Te Rongo Kahukura – Outing Violence project manager, said:
“One of the things every parent I talk to says is ‘what do all these words mean?’ We also wanted to point parents to all the awesome information out there – from parent supports to takatāpui resources, to groups for young people who are questioning their sexuality or gender.”
Sandra also said:
“We wanted to help answer their questions and make sure they realise they are not alone. Lots of other parents have worked out how to support their Rainbow kids. And honestly, that’s the most important thing to do as a parent – find support for yourself so you can be there for your children.”
Nathan Bramwell, manager at Rainbow Hub Waikato said:
“It’s great to work with other organisations on this kaupapa, helping families and whānau to be safe and welcoming for Rainbow young people. It’s the work we do every day in our Waikato communities.”
Background information
The Kids and Gender toolbox was designed as a violence prevention resource in response to research showing that many Rainbow young people are not safe at home. Waikato Queer Youth and Hohou Te Rongo Kahukura – Outing Violence spoke with and surveyed Rainbow and gender diverse young people about their experiences and needs. The research report Healthy relationships and consent: through the lens of Rainbow identifying youth (2021) highlighted:
"Overwhelmingly, our focus group participants want education and help to address families that were not welcoming or safe for them, and help to identify how people should be treated with respect inside families. They recognize family norms may set up expectations for their own future relationships, and they want pathways to staying safe."
Research from the Ministry of Youth Development reported that Rainbow young people have not been safe at home during the COVID pandemic with 9% experiencing abuse in their bubble and 13% not feeling safe in their bubble during Level 3 and 4 lockdowns. For more information, see the full report, Experiences of COVID-19 for takatāpui, queer, gender diverse, and intersex young people aged 16-24 (February 2021).
See our news stories below for more research and resources.
The White Ribbon kaupapa of working to end men’s violence towards women includes talking about how to challenge unhealthy gender stereotypes. Other Toolboxes and resources from White Ribbon NZ address healthy and respectful relationships, healthy masculinity and 'calling men in' to change their behaviour. Other new resources launched as part of the White Ribbon NZ 2021 campaign include a video and infographic highlighting the high rates of violence experienced by people with disabilities.
Related news
In November 2021 Minister Davidson announced funding of new national-level family violence and sexual violence prevention initiatives. This includes funding for LGBTQIA+ centred violence prevention initiatives, including the development of practice guidelines, healthy relationships and consent resources, and an awareness raising campaign. InsideOut has more information about these initiatives.
The Australia-based Centre for Family Research & Evaluation published a report and developed resources and videos looking at the risk and prevention of family violence for new LGBTIQ+ parents in making the transition to parenthood. This includes resources for the perinatal sector, LGBTIQ+ parents, and for family and community. The resources were developed from research and stakeholder feedback to address the knowledge gaps of understanding family violence risk and protective factors during the transition to parenthood for LGBTIQ+ parents and strategies to prevent family violence for LGBTIQ+ communities.
Related media
Rainbow youth face tougher home life, more likely to need state care: survey, Stuff, 09.08.2022
LGBTQIA+ advocates back Green Party's call for a ministry for rainbow communities, Stuff, 18.02.2022
Conversion therapy will soon be illegal in New Zealand, at last, Re:News, 15.02.2022
Landmark health survey of rainbow Pasifika launches, Stuff, 15.02.2022
Rainbow communities at 'higher risk of homelessness', says new research, 21.12.2021
Parliament unanimously passes bill allowing change to birth certificates, RNZ, 09.12.2021
1 in 20 adults identify as LGBT+ in major social survey, Stats NZ news, 12.11.2021
Explainer: The decades-long battle for gender self-identification, Stuff, 07.11.2021
Govt delivers more wellbeing support to Rainbow young people, Beehive media release, 29.09.2021
Netsafe is leading the development of the Aotearoa New Zealand Code of Practice for Online Safety and Harms.
The closing date to give feedback on the draft Code is 2 February 2022.
The Code is being designed for information and communication technology organisations who provide services to people in Aotearoa New Zealand. This includes digital platforms like Meta (Facebook, Instagram), Microsoft, Google (YouTube), Twitter, TikTok, and Twitch.
The purpose of the Code is to create a safer experience for people in New Zealand when using the internet and to reduce harmful content online. The Code sets out best practice principles and a self-regulatory framework.
It also would create processes for accountability and complaints including:
- Create an administrator role known as Te Rangapu Whakatutuki. This role would have powers to sanction Signatories if they fail to meet their commitments under the Code.
- Create a mechanism for complaints from the public.
- Outline requirements for regular review and changes of the Code.
- Set up processes for signatories to release reports on their efforts under the Code.
The draft Code identifies the following 'harmful content themes' that Signatories to the Code will focus on:
- "Child sexual exploitation and abuse
- Cyberbullying or harassment
- Hate speech
- Incitement of violence
- Violent or graphic content
- Misinformation
- Disinformation"
For each of these areas, outcomes and measures are identified in Section 4 of the draft Code.
Read the draft Aotearoa New Zealand Code of Practice for Online Safety and Harms or download a PDF of the draft Code.
Feedback can be sent to Netsafe by email to thecode@netsafe.org.nz. Note that all feedback will be published on the Netsafe website in 2022.
Consultations will be held after the public submission period closes.
For more information and comments from global tech companies, see the Netsafe media release on the draft code which states:
"As more digital platforms seek to address harmful content, this code provides a blueprint for best practice. While it is recognised that many of the platforms are already undertaking a great deal of work to address harmful content, disinformation and misinformation, this Code is intended to hold Signatories to account and to provide a framework for greater transparency and oversight of those efforts in New Zealand."
Update: In July 2022 Meta (Facebook and Instagram), Google (including YouTube), TikTok, Twitch and Twitter signed the Aotearoa New Zealand Code of Practice for Online Safety and Harms. NZTech will take over the establishment and administration of the Code. Advocates have raised concerns that there was not adequate community engagement and recommending a legislative solution rather than voluntary code.
More information on technology and abuse
Increasing research and reports have examined and documented the growing trend of gender based cyber violence including image based abuse, online harassment, stalking and other forms of digital abuse. See the following reports for information related to cyber violence in Aotearoa New Zealand:
Seeking justice and redress for victim-survivors of image-based sexual abuse, by Erika Rackley, Clare Mcglynn, Kelly Johnson, Nicola Henry, Nicola Gavey, Asher Flynn and Anastasia Powell, published in Feminist Legal Studies, May 2021
The face of technology-facilitated aggression in New Zealand: exploring adult aggressors' behaviors, by Edgar Pacheco and Neil Melhuish, published in The Emerald International Handbook of Technology Facilitated Violence and Abuse (pp. 103-124), Emerald Insight, 2021
New Zealand children’s experiences of online risks and their perceptions of harm: Evidence from Ngā taiohi matihiko o Aotearoa – New Zealand Kids Online, by Edgar Pacheco and Neil Melhuish, Netsafe, 2020
Image-based sexual abuse: an international study of victims and perpetrators. A summary report, by Anastasia Powell, Adrian J Scott, Asher Flynn and Nicola Henry, RMIT, 2020
New Zealand teens and digital harm: statistical insights into experiences, impact and response, Ministry for Women | Minitatanga mō ngā Wāhine, 2018
Digital domestic violence : are victims of intimate partner cyber harassment sufficiently protected by New Zealand's current legislation?, by Ruby King, published in Victoria University of Wellington Law Review, 2017, 48(1): 29-54
Insights into digital harm : the online lives of New Zealand girls and boys, Ministry for Women | Minitatanga mō ngā Wāhine, 2017
The United Nations Population Fund published the report Technology-facilitated Gender-based Violence: Making All Spaces Safe in December 2021 calling "...the international community, digital and feminist movements, private technology companies and national Governments to act in unison to end the rising scourge of technology-facilitated gender-based violence."
The Council of Europe Expert Group on Action against Violence against Women and Domestic Violence (GREVIO) adopted General Recommendation No.1 on the digital dimension of violence against women in October 2021. The Council of Europe also published Protecting women and girls from violence in the digital age - The relevance of the Istanbul Convention and the Budapest Convention on Cybercrime in addressing online and technology-facilitated violence against women in December 2021. The European Parliamentary Research Service previously published Combating Gender based Violence: Cyber Violence - European Value Added Assessment which provides background to cyber violence and outlines legal and non-legal policy options.
UN Women have previously highlighted emerging trends and impacts of online and technology facilitated violence against women and girls during the COVID-19 pandemic in their 2020 report, Online and ICT* facilitated violence against women and girls during COVID-19. In a statement accompanying a webinar about online violence against women, the Women's UN Report Network (November 2020) wrote:
"Online is the new front line for violence against women and girls, and it has increased exponentially during COVID-19 and the lockdowns. Online violence is an epicentre of risk, intersectional and intergenerational, and compounding multiple forms of violence against women and girls, including trafficking."
Find more research and information in our library under the quick topic search Technology and abuse.
Related media
Global tech companies meet first commitment under the NZ Code, NZ Tech, 20.12.2022
Govt harbours concerns over Netsafe’s online code, Newsroom, 18.08.2022
Mandy Henk | CEO of Tohatoha NZ wrote, Waatea News, 26.07.2022
'Tectonic shift': How Parliament protest supercharged NZ's misinfodemic, NZ Herald, 18.05.2022
Buffalo and us - New Zealand's significance in global white supremacy, Stuff, 16.05.2022
A ‘Lone-Wolf’ Shooter Has an Online Pack, The Atlantic, 16.05.2022
2 years in prison or $50K fine for ‘revenge porn’ offenders, One News, 03.03.2022
‘Emotionally disturbing’ - Revenge porn victim’s battle for justice, One News, 02.03.2022
NZ’s child abuse internet filter suffered outages, Newsroom, 23.12.2021
Child safety advocates call for pornography and sex education overhaul, NZ Herald, 22.12.2021
Bullying inquiry: Netsafe is not safe, say employees, Newsroom, 15.12.2021
Sharing intimate content without permission has 'serious consequences' - Netsafe, RNZ, 30.11.2021
Closing the digital divide requires ‘constant attention’, say education experts, RNZ, 20.09.2021
Hundreds charged under New Zealand's Harmful Digital Communications Act, NZ Herald, 09.07.2021
‘Revenge porn’ victims struggling for help from ACC, justice system, RNZ, 19.05.2021
Support services for people experiencing violence will still be available over the Christmas break. Contact details for support services are provided on our website.
The It's Not OK Campaign has information about how to help including danger signs and suggestions for what to say or do if you are concerned about someone.
Domestic violence service provider Shine is encouraging people to be prepared to respond to people experiencing violence:
"Being prepared requires an understanding of how coercive control and social inequity causes entrapment. So please, take time to learn more today. A good place to start is by reading some of the resources on Shine’s website, including this page about how to help someone you know."
The Joint Venture for Family Violence and Sexual Violence has shared these safety messages for the holidays in their 20 December 2021, E-Update:
- "When you see friends, whānau and family over Christmas, check in on their wellbeing. If you notice a change in their behaviour or you are worried about their safety, ask if they are OK. No-one should be hurt or feel fearful, threatened or harassed.
- If you or someone else is being hurt, controlled or is fearful, you can support them to get help.
- For family violence help contact: the family violence information line on 0800 456 450 or web chat for support and information about services near you. https://www.areyouok.org.nz/
- For sexual abuse help contact: Safe to Talk — the sexual violence helpline. Call 0800 044 334, text 4334 or email support@safetotalk.nz. https://www.safetotalk.nz
- If you or someone else is in danger call the Police on 111.
- Family violence and sexual violence, including child abuse can escalate during the holiday period. If you or someone else is in danger call the Police on 111.
- When you’re enjoying yourself this summer, remember - if they’re out of it, they’re not up for it. Make good decisions around alcohol, sex and consent and look after for your mates. If you or someone else is in danger call the Police on 111.
- Family violence and sexual violence crisis and support services are still open and want to help. It’s OK to ask for help at any time you don’t need to wait for a crisis. If you or someone else is in danger call the Police on 111.
- Are you worried that someone is being hurt or abused? You can do something. Let the person know that help is available and support them to contact one of options below.
- For family violence help contact: the family violence information line on 0800 456 450 or web chat for support and information about local services near you. https://www.areyouok.org.nz/
- For sexual abuse help contact: Safe to Talk — the sexual violence helpline. Call 0800 044 334, text 4334 or email support@safetotalk.nz. https://www.safetotalk.nz/
- People in COVID-19 isolation (whether MIQ or self-isolation) can still get help if they feel unsafe. No-one should be hurt or feel fearful, threatened or harassed. If you or someone else is in danger call the Police on 111."
The It's Not Ok Campaign has previously put out these holiday messages:
Finally, 2021 has been another challenging year. We hope that you are able to take some time out to be with your whānau, rest and rejuvenate over the holiday break.
We wish everyone a safe, happy and healthy break.
The formation of this rōpū was announced on the 7th of December 2021 at the launch of Te Aorerekura, the national strategy to eliminate family violence and sexual violence.
The overarching purpose of the Tangata Whenua Ministerial Advisory Group is to provide the Minister for the Prevention of Family Violence and Sexual Violence with independent advice on family violence and sexual violence. It is established as a Ministerial advisory group in line with this purpose.
Te Aorerekura is the vehicle that helps us to implement intergenerational focussed strategies. The Tangata Whenua Ministerial Advisory Group will play a key role in upholding the tikanga of Te Aorerekura by providing advice to ensure that the design, execution and sustainability of our national strategy embraces and reflects culturally appropriate ways of healing the people.
Criteria for nomination
The Minister publicly invites nominations to the Tangata Whenua Ministerial Advisory Group with a view to ensuring its membership reflects a broad range of Tangata Whenua voices. The composition of group membership will include specialist family violence and sexual violence sector leaders, te ao Māori tōhunga and other rangatira with relevant skills and experience, as well as survivors.
The Tangata Whenua Ministerial Advisory Group will:
- Align with the National Strategy, Te Aorerekura, by supporting the development and implementation of intergenerational focussed strategies.
- Provide advice to ensure that a te ao Māori lens is interwoven into the fabric of the National Strategy and action plans
- Have the skills and expertise to offer strategic advice on the design and implementation of government family violence and sexual violence policies and initiatives that impact on whānau, hapū, iwi and hāpori Māori.
- Be a representative voice for whānau, hapū, and hāpori.
- Leverage relationships with relevant kaupapa Māori networks and/or organisations and connect across sectors.
As individuals, members of the Tangata Whenua Ministerial Advisory Group will:
- Be of Māori descent.
- Be recognised as leaders with mana who are grounded in Te Ao Māori and in their knowledge and experience of Kaupapa Māori approaches to preventing and addressing the harm caused by family and whānau violence and mahi tukino/sexual violence.
- Be able to work collaboratively with key stakeholders across government and the wider family violence and sexual violence sectors in ways that are mana enhancing for everyone.
- Be able to advocate strategically for systems and policy changes that are to the benefit of all whānau, hapū, iwi and hāpori across Aotearoa.
Nominations
Each nominee requires two people, groups and/or organisations to nominate them to be eligible for selection as a potential appointee. Each person, group and/or organisation shall complete their own nomination form.
For more information about the Tangata Whenua Ministerial Advisory Group including the Terms of Reference and the nomination form, visit the violencefree website.
If you wish to nominate a person for the pool of potential appointees to the Tangata Whenua Ministerial Advisory Group, please complete the nomination form and email to kaitiakiroopuu@nnsvs.org.nz.
Please advise the person you are nominating that you have nominated them. Nominees will be contacted as soon as practicable following the close date.
The call for nominations closes at 5pm, 28th of February 2022.
Please contact kaitiakiroopuu@nnsvs.org.nz if you have any questions about the nomination process.
The Cabinet Paper Sustaining a collaborative approach to support the whole-of-government response to eliminate family violence and sexual violence establishes the Tāngata Whenua Rōpū to advise the Minister for the Prevention of Family and Sexual Violence on achieving improved outcomes for Māori. It also establishes the Joint Venture for Family Violence and Sexual Violence as an interdepartmental executive board.
The RFP 25240272, Family Violence and Sexual Violence Response Training Package, is inviting proposals to develop a training package for the justice workforce on responding to family violence and sexual violence.
The closing date to submit a proposal is 21 January 2022.
A detailed RFP document provides background information about the request. We highlight key points from the RFP document below.
The scope outlined in the RFP document states:
"The scope of this Request for Proposal (RFP) includes the development of a high quality, comprehensive training package (the Training Package) for the justice workforce on family violence and sexual violence response. Kaupapa Māori understanding and approaches to family violence and sexual violence must be included in the Training Package."
It also notes that the delivery of the training is not in scope for this RFP.
The overview in the detailed RFP states:
"The Ministry requires a high-quality Training Package on best practice response to people that are impacted by family violence and sexual violence. The Training Package will be used to improve the quality of the Ministry’s response to court participants who are impacted by family violence or sexual violence.
While delivery of the Training Package to the justice workforce is not within scope of this RFP the Ministry anticipates that, in future, the Training Package will be delivered across a full day in a face-to-face group learning environment. The Training Package that is delivered to the Ministry at the completion of the contract must be fully developed and ready for use by trainers and trainees. Our preference is that the Training Package includes both foundational and advanced components and that it is structured in a way that means the foundational and advanced components can be completed by the trainees at different times."
The RFP document highlights two learning objectives that must be met by the training package:
"• each trainee understands the dynamics and impacts of family violence and sexual violence and knows how to respond safely and appropriately to court participants who are impacted by either family violence or sexual violence;
• each trainee can use a neutral and non-judgmental approach to people who disclose family violence and sexual violence whether they are a victim or a perpetrator."
The RFP document also notes the training should be suitable for a diverse range of adult learners and states:
"The groups from within the justice workforce that the Training Package is initially intended to be delivered to includes:
• Frontline Ministry of Justice employees e.g. Court Security Officers, Registrars and others who interact with the public;
• Tribunal chairs and members;
• Professionals contracted to deliver services to court participants or advice to judges e.g. Communication Assistants;
• The legal profession that interacts with the court system;
• Non-Government Organisations (NGOs) contracted by the Ministry of Justice to deliver services and programmes in the community; and
• Community magistrates and judicial officers."
For more information see the RFP 25240272, Family Violence and Sexual Violence Response Training Package. The detailed RFP document is available once signed in to the GETS website as a supplier. For questions, contact the Procurement Team at procurement@justice.govt.nz.
Related media
Mum abused by ex-husband in Family Court litigation denied police help, Stuff, 15.12.2021
Shine Bolsters Community Response To Family Violence, Press Release: Shine, Scoop, 14.12.2021
Mrs P wins first case in long battle to get property back, Stuff, 13.12.2021
Why can’t all courts be like this?, E-Tangata, 28.11.2021
Legal aid crisis a threat to justice, Newsroom, 12.11.2021
Māori clients struggle in legal aid crisis, Waatea News, 02.11.2021
National Strategy and Action Plan
Te Aorerekura is the National Strategy and Action Plan that sets out a new collective path for government, tangata whenua, specialist sectors, and communities to eliminate family violence and sexual violence in Aotearoa New Zealand. This is the first national strategy that includes both family violence and sexual violence.
Te Aorerekura is available in Te Reo Māori and other languages and accessible formats.
The purpose of the strategy is to outline a framework to eliminate family violence and sexual violence, to drive coordinated government action and to build and support community action.
The Strategy document states "Te Aorerekura is a 25 year strategy because it will take a generation of sustained investment and focus to strengthen the protective factors and enable the social changes required in Aotearoa New Zealand."
The moemoeā, or vision, for Te Aorerekura is “All people in Aotearoa New Zealand are thriving, their wellbeing is enhanced and sustained because they are safe and supported to live their lives free from family violence and sexual violence.”
The Strategy is guided by five principles – the whanonga pono: equity and inclusion, aroha, tika and pono, kotahitanga and kaitiakitanga. It outlines six 'shifts' or changes that are needed to address the drivers of violence and work towards achieving the vision of the strategy:
- strength-based wellbeing
- mobilising communities
- skilled, culturally competent and sustainable workforces
- investment in primary prevention
- safe, accessible, and integrated responses
- increased capacity for healing
Under each shift are broad actions that will lead to the shift. There are 40 initial actions outlined in the Action Plan for the National Strategy. The Action Plan covers two years through December 2023. It lists activities underneath each action and includes who is responsible for leading the activity and who is involved. The Plan is intended to be reviewed and refreshed annually, following an annual hui by tangata whenua, communities and the specialist sectors alongside government.
Te Aorerekura takes a wellbeing and strength-based approach to eliminating violence which includes a focus on primary prevention and healing. This draws on Te Tokotoru model developed by the Auckland Co-Design Lab and The Southern Initiative. See the October 2021 report Designing for equity and intergenerational wellbeing: Te Tokotoru.
The Strategy acknowledges the drivers of violence including that violence is about power, the gendered nature of violence, the compounding effects of colonisation, racism and sexism, and the differing experiences and needs of diverse people, families and whānau. It acknowledges that accountability is required from government and from people using violence while at the same time supporting people who use violence to change.
It also includes an overview of how it gives effect to Te Tiriti o Waitangi | The Treaty of Waitangi, and acknowledges the role of tangata whenua and community leadership for achieving intergenerational change.
In launching Te Aorerekura, Minister for the Prevention of Family and Sexual Violence Marama Davidson said:
“We need to address the intergenerational impacts of colonisation and racism in order for us to eliminate violence. Violence that impacts whānau is rooted in the marginalisation of tangata whenua and societal changes enforced during the colonisation of Aotearoa. There are solutions within the promotion and strengthening of whānau ora that require a focus on healing, restoration, redress and a return to a state of noa – being without limitations.
You can watch a video of the launch of Te Aorerekura. Also see summaries from the community engagement (scroll to the bottom of the page) to develop the Strategy.
Minister Davidson said on social media:
"At the root of this violence is often complex, interwoven and often inter-generational issues that are enabled by a range of underlying social conditions, norms, and hierarchies of power and equity.
As many of you have experienced, Aotearoa’s response to family violence and sexual violence has historically been siloed and under-resourced and has tended to focus on responses rather than prevention.
It is clear that approach has not worked, we have not reduced the violence experienced in this country.
This year we set out to listen and learn how we could do things differently."
Also see Minister Davidson's speech from the launch of Te Aorerekura. Minister Davidson has been interviewed about Te Aorerekura by RNZ, Te Ao Māori news and Waatea News.
The NZ Herald reported that new National Party Leader Christopher Luxon is supportive of the Strategy.
Some government agencies have published information that reference their role in implementing Te Aorerekura, including: ACC, the Ministry of Justice and the Ministry of Social Development.
Changes to Joint Venture and new Tangata Whenua Advisory Group
Minister Davidson has announced that a new interdepartmental executive Board for the elimination of family violence and sexual violence will replace the Joint Venture. The name of the Board will be announced in early 2022. Minister Davidson said:
“The Executive Board uses the same accountability mechanisms that exist between a chief executive and a Minister, but enables joint responsibility for collective work. This means that chief executive board members have joint responsibility for the operation of the board. It helps strengthen the collective commitment of chief executives to priorities that span multiple agencies’ responsibilities.
“The Board will be focused on aligning strategy, policy, and budgeting functions across relevant agencies. This will enable Ministers to receive whole-of-government advice to support decision-making that takes a system-wide perspective towards the vision of ending family violence and sexual violence.
Update: The Sustaining a collaborative approach to support the whole-of-government response to eliminate family violence and sexual violence Cabinet Paper and Minute related to the executive board and tangata whenua advisory group have been proactively released.
The Joint Venture was established in 2018. In June 2021, the Auditor-General published a report calling for "significant improvements" in the operation and function of the Joint Venture. The December 2021 e-Update from the Joint Venture announced that Fiona Ross is departing from her role as Joint Venture Director, and that Emma Powell, ACC representative on the Joint Venture Deputy Chief Executives’ group, will take over as Interim Director from 13 December.
Minister Davidson also announced a new advisory group when launching Te Aorerekura saying:
"Today, we are also announcing that Cabinet has agreed to establish a Tangata Whenua Advisory Group to provide independent advice and guidance to me as Minister on family violence and sexual violence. This governance input is a crucial improvement to the system and will ensure that te ao Māori informs our implementation of the Strategy."
See the Joint Venture website for more information about the Māori-Crown partnership.
Response from advocates to Te Aorerekura
Women's Refuge welcomed Te Aorerekura saying:
"Te Aorerekura, rooted deeply and deliberately in Te Ao Māori, brings together the knowledge, expertise, and experience of both those living with the everyday realities of violence in their lives and those of us working to support them. It has been constructed from a long and exhaustive consultation and negotiation process, bringing together a multitude of voices to reach a common understanding and build a shared vision of a way forward.
Women’s Refuge is cautiously excited at this long-awaited launch. Dr Ang Jury, Chief Executive of the National Collective of Women’s Refuges notes that 'this is just the beginning. Now that the talking is done, the real work must begin. Now is the time when we need to see real sustained commitment to bringing the actions outlined in Te Aorerekura to life.' "
RNZ interviewed Dr Ang Jury about the Strategy.
Te Ōhaakii ā Hine-National Network Ending Sexual Violence Together (TOAH-NNEST) welcomed the Strategy saying:
"This action plan is a crucial step towards creating greater collaboration amongst Government Agencies and we hope this will ensure that collectively we can create systems of support that are safe, centre the people who need help, hold people accountable for their behaviour, and ensure sustainable change over time."
The Disability Rights and Equal Employment Opportunities Commissioners have also welcomed Te Aorerekura. Disability Rights Commissioner Paula Tesoriero said:
"We can only achieve better outcomes through collective action. Until this strategy, we have not explicitly acknowledged how our power structures have overlooked the impacts of family and sexual violence on tāngata whaikaha Māori and disabled people.
"Nor have we addressed how prevailing attitudes have kept disabled people silenced about the violence and abuse they experience for too long. A lack of workforce knowledge has also meant inadequate responses when people do speak up."
Saunoamaali’i Karanina Sumeo, Equal Employment Opportunities Commissioner said:
“It’s heartening to hear that the Government will embark on a new approach that is victim-centred, ensuring continued inclusive and accessible services focused both on prevention and appropriate responses to support survivors and families at risk of violence.
“It has taken us far too long to get here. I’m hopeful the intention and investment will begin protecting, healing, and restoring the lives of children and women victimised by family violence, particularly for our wahine Māori, Pacific and ethnic women.
“I would like to see ongoing resourcing and adequate support for survivors as well as perpetrators of family violence to seek the help and rehabilitation, so we can continue to create peaceful homes and safer communities.”
Other organisations have welcomed and responded to the launch of Te Aorerekura including: Te Kupenga Whakaoti Mahi Patunga | National Network of Family Violence Services, Social Service Providers Aotearoa and Te Pūtahitanga o Te Waipounamu. See further responses from advocates in the related media below.
Related news
In the weeks before the launch, Minister Davidson announced funding of new national-level family violence and sexual violence prevention initiatives for LGBTQIA+ people, people with disabilities, older people and new migrant communities. As part of the $2 million commitment from Budget 2019 to understand violence prevention needs and develop violence prevention initiatives in specific communities, the new initiatives include:
- "$399,000 for LGBTQIA+ centred violence prevention initiatives, including the development of practice guidelines, healthy relationships and consent resources, and an awareness raising campaign
- $350,000 to mobilise disabled communities to begin the process of addressing systemic barriers faced by tāngata whaikaha, deaf and other disabled people, implement the Safeguarding Framework and grow and strengthen the Safeguarding Adults From Abuse (SAFA) response in the Waitematā to safeguard adults at risk
- $242,000 for new violence prevention initiatives for ethnic communities, including the expansion of the Shama community development programme to six new locations and the expansion of Let’s Talk, plus the development of community conversations and healthy relationship resources
- $200,000 to support the violence prevention needs of older people.
- $250,000 to build relationships and capacity for diverse communities to engage with Joint Venture agencies
- $137,500 for Community Advisory Groups established by Massey University Center for Culture-Centered Approach to Research and Evaluation (CARE) to develop localised violence prevention initiatives and frameworks in five locations."
To support this work, the Joint Venture commissioned Massey University Center for Culture-Centered Approach to Research and Evaluation (CARE) to research the specific violence prevention needs of diverse communities. From this research, Massey CARE published the report Community-led culture-centered prevention of family violence and sexual violence (2021). See the Massey CARE project webpage for more information including an executive summary and interim report.
Disability Rights Commissioner Paula Tesoriero announced two new reports from the Human Rights Commission exploring people with disabilities experiences of violence and abuse.
The reports, Whakamanahia Te Tiriti, Whakahaumarutia te Tangata (Honour the Treaty, Protect the Person) and Whakamahia te Tūkino kore Ināianei, ā Muri Ake Nei (Acting Now for a Violence and Abuse Free Future), outline the evidence on the causes and impacts of violence including racism and colonisation, and abuse against tāngata whaikaha Māori and disabled people. The reports outline gaps in systems, knowledge and services, and set out a roadmap for systemic change. Together the reports make 20 recommendations.
In launching the reports, Disability Rights Commissioner Paula Tesoriero said "These reports provide, for the first time, an evidence base and graphic illustration of the violence and abuse suffered by tāngata whaikaha Māori and disabled people. They show a continued absence of effective responses to reduce its incidence."
And she went on to say :
"In Aotearoa, racism and ableism intersect to create unique additional risks for tāngata whaikaha Māori who must navigate racism, discrimination and other biases."
"This has resulted in the suppression of rangatiratanga along with the many disabling effects on the ability of tāngata whaikaha Māori to define themselves and their own lives"
Minister Davidson responded to the reports saying:
"Disabled people have highlighted to me the lack of specialist family violence and sexual violence services and supports, the lack of a nationally consistent and mandated safeguarding approach, and the need for more data and research to make visible their experiences.
They emphasised that disabled people need to be at the decision making tables.
We also need to address the intergenerational impacts of colonisation and racism in order for us to eliminate violence."
Submissions open on Oranga Tamariki oversight legislation
The Social Services and Community Committee is calling for submissions on legislation proposing changes to the monitoring and oversight of Oranga Tamariki, including changes to the Office of the Children's Commissioner.
The closing date for submissions is 26 January 2022.
The Oversight of Oranga Tamariki System and Children and Young People's Commission Bill is an omnibus bill which proposes to amend a number of Acts. The media release (17 November 2021) from the Social Services and Community Committee states:
"The bill would establish the office of the Independent Monitor of the Oranga Tamariki System. The objectives of the Monitor would be to carry out objective, impartial, and evidence-based monitoring, and provide advice. The bill would also strengthen the complaints oversight function of the Ombudsman. It would do this by ensuring that the Ombudsman’s investigations about the Oranga Tamariki system have a focus on improving outcomes for children, supports agencies in the Oranga Tamariki system to resolve complaints, and give practical effect to te Tiriti o Waitangi (the Treaty of Waitangi).
The bill proposes to replace the Children’s Commissioner with the Children and Young People’s Commission. The commission would be an independent Crown entity and be able to hold the Government to account on matters relating to children and young people. The bill proposes to carry over most of the current powers of the Children’s Commissioner to the commission. However, the commissioner’s current powers to investigate decisions about individual children would not be carried over. This is because the Ombudsman already conducts a similar investigatory function and would continue to do so."
For more information see the bills digest for background leading to the legislation and overview of the key parts of the proposed legislation and the December 2021 media release calling for submissions. When introducing the bill, Children's Minister Kelvin Davis said "Along with a Ministerial Advisory Board that will monitor that progress, these changes will ensure there is strong oversight of the wellbeing of children and whanau during that transformation."
Children’s Commissioner Judge Frances Eivers said the legislation is "a huge opportunity to improve outcomes for all tamariki mokopuna." She highlighted a number of proposed changes in the bill which "...establishes a more comprehensive and greater-resourced monitor of the Oranga Tamariki System, to inherit and expand on the system monitoring currently undertaken by the OCC." She also noted that the Office of the Children's Commissioner will be advocating for strengthened independence for the new Oranga Tamariki System Monitor and for the Monitor to reflect a Te Tiriti partnership model.
The Green Party has said they will not support the legislation with spokesperson for Children and member of Te Mātāwaka Jan Logie saying: “Turning the Office of the Children’s Commissioner into a Children and Young People’s Commission should go hand in hand with giving it powers and resourcing for monitoring, alongside advocacy work. Taking some of the functions away from the Commissioner is a backwards step." Waatea News interviewed Dr Elizabeth Kerekere about the Green Party's concerns about the legislation.
In June 2021, the government announced that the Independent Children’s Monitor (Te Mana Whakamaru Tamariki Motuhake) would become its own departmental agency within government and be hosted by the Education Review Office. It will be led by its own Chief Executive who will be a Statutory Officer. Outgoing Children's Commissioner Judge Becroft has questioned this approach and VOYCE – Whakarongo Mai has also criticised the decision.
Update: VOYCE – Whakarongo Mai has published an overview of the bill and guide to making a submission. Many advocacy groups have raised concerns about the proposed changes. See related media below for more information.
Update: The bill was divided by committee of the whole House into two separate bills: the Oversight of Oranga Tamariki System Bill and the Children and Young People’s Commission Bill. Both bills have passed Parliament and received Royal Assent in August 2022.
New bill would repeal Oranga Tamariki subsequent child removal provision
Children's Minister Kelvin Davis introduced legislation to partially repeal the subsequent child provision. The Oranga Tamariki Amendment Bill would amend the Oranga Tamariki Act 1989 by partially repealing the subsequent-child provisions. When announcing the bill, Minister Davis said "While issues have been identified with the provisions in relation to parents who have previously had a child permanently removed from their care, those issues do not arise in relation to a parent who has a conviction for the death of a child in their care. For that reason, the retention of provisions in such serious situations will remain."
For more information see the full bill. It is expected the bill would be passed and come into effect in 2022. It has not yet been referred to select committee.
New report documents impacts on Māori from system racism and colonisation
A new independent research report states that "It is clear from research analysis that the settler state and its care systems have been deliberate in intention and design in dismantling whānau Māori networks that were crucial for health and wellbeing." The authors further note:
"The over-representation of tamariki Māori and vulnerable adults in the settler State Care system cannot be separated from the socio-political and historical contexts of Aotearoa, and the deliberate dismantling of whānau Māori. The violent and enduring impacts of colonisation has significantly reduced whānau capacity and capability to care for their own."
The Crown Response to the Abuse in Care Inquiry website states the 480-page report, "...is believed to be the most comprehensive research ever done on Māori historical experience of State care, drawing together a vast range of data from State organisations and interviewing people closely involved in the care system during 1950-99."
The research and report, Haha-uri, haha-tea: Māori Involvement in State Care 1950–1999 (2021), was completed by Ihi Research and was co-researched and written with Māori researchers who are survivors of State Care. The research was commissioned by the Crown Response to the Abuse in Care Inquiry. Also see a summary overview of the research.
Te Ao Māori news interviewed some of the researchers including Paora Crawford Moyle and Dr Annabel Ahuriri-Driscoll. For more information see the research overview from Ihi Research and a video from the Crown Response to the Abuse in Care Inquiry.
Related news
The Abuse in Care Royal Commission of Inquiry delivered its interim report, He Purapura Ora, he Māra Tipu – From Redress to Puretumu, to the Governor-General, Honourable Dame Cindy Kiro. The media release notes that the report "...makes findings and recommendations on how the Government and faith-based institutions can address the harm suffered by children, young people and vulnerable adults in the care of State and faith-based institutions." It is expected that the report will be tabled in the House in mid-December, and after that, made public.
Related media
PM won't commit to recommendation to legally protect children from abuse in care, Stuff, 04.03.2022
Child abuse bill flawed, Waatea News, 01.03.2022
Former staff critical of Oranga Tamariki bill, Stuff, 26.02.2022
Oranga Tamariki changes ‘deliberately preempt’ Royal Commission, Newsroom, 24.02.2022
Ministers differ on changes to Oranga Tamariki bill, Te Ao Māori News, 24.02.2022
Oranga Tamariki Oversight Bill under fire: 'They want a lapdog, not a watchdog', Stuff, 19.02.2022
Oranga Tamariki watchdog reforms ‘may perpetuate harm, dysfunction’, Newsroom, 17.02.2022
Demand for Children's Commissioner to be retained amid Government reforms, Stuff, 17.02.2022
Oranga Tamariki grapples with structural racism to turn the tide, Newsroom, 14.02.2022
An advocacy job too well done, RNZ, 08.02.2022
Monitoring committee no substitute for Children’s Commissioner, Waatea News, 27.01.2022
Push to ‘save’ Children’s Commissioner from govt reforms, Newsroom, 24.01.2022
Advocacy group urges Government to slow down on new OT laws, RNZ, 19.01.2022
OT: Expert warns against stripping Children's Commissioner role, RNZ, 19.01.2022
Are we ready to scrap the role of Children’s Commissioner?, The Spinoff, 19.01.2022
Calls to retain Children’s Commissioner, Waatea News, 06.01.2022
Revealed: Violence in Oranga Tamariki care and protection residences increasing, Newshub, 10.12.2021
Judge calls for quick response to abuse remedies, Waatea News, 02.12.2021
Govt finally moves to repeal ‘subsequent child’ uplifts, Newsroom, 26.11.2021
Neville Baker: The answers were there in 1988, E-Tangata, 23.06.2019
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