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The first report from Te Uepū Hāpai i te Ora, the Safe and Effective Justice Advisory Group looking at criminal justice reforms was released on 9 June 2019.
The interim report, He Waka Roimata (A Vessel of Tears) (2019), summarises the feedback and ideas Te Uepū heard through their website, social media and events. This includes feedback from victims, offenders, whānau, families, communities, service providers and the wider public. It also includes feedback from the Hui Māori: Ināia Tonu Nei and the Strengthening the Criminal Justice System for Victims workshop.
In launching the report, Te Uepū Chair Chester Borrows said:
“The overwhelming impression we got from people who have experienced the criminal justice system is one of grief. Far too many New Zealanders feel the system has not dealt with them fairly, compassionately or with respect - and in many cases has caused more harm.
We heard that the current system simply isn’t delivering effective justice, and a 60 per cent reoffending rate within two years of a person leaving prison is some evidence of its ineffectiveness. We’re hearing that many victims are left with a sense that justice has not been done. People are feeling let down at their most vulnerable time.
And for Māori the legacy of colonisation comes in many forms, many of them with tragic consequences, as is the case in all colonised countries where indigenous peoples are over-represented in prison. This legacy is a gross unfairness and something we should not tolerate in New Zealand."
The report is primarily focused on exploring the following major issues, with a chapter dedicated to each:
- "too many people who have been harmed by crime feel unheard, misunderstood and re-victimised
- the number of Māori in the system is a crisis
- violence is an enormous problem, particularly for families and children
- formal justice processes fail us too often
- the system is too focused on punishment and neglects prevention, rehabilitation, reconciliation and repair of the harm done by crime
- individuals, families and whānau feel unsupported and disempowered by the system, and the ability of iwi, hapū, communities, NGOs and others to provide support is constrained by the siloed nature of government structures and funding arrangements
- people experiencing mental distress lack the support they need." (page 14)
Findings
Te Uepū states that the number of Māori in the justice system is a crisis and that racism is embedded in every part of the justice system. In Chapter 5, focused on Māori, Te Uepū writes about racism and colonisation:
"We heard that, for Māori, the impact of colonisation, neo-colonial practices and racism are everyday experiences that undermine, disenfranchise and frequently conspire to trap them in the criminal justice system. We heard that the criminal justice system has been used to actively weaken and undermine Māori culture and identity. We also heard these are confronting and difficult concepts for many non-Māori." (page 24)
Te Uepū also heard from Māori "that they still hold hope for change. They told us solutions for Māori exist, but they must be led locally and by Māori if they are going to work and be sustained over time." (page 3)
Te Uepū also heard that for the justice system to change, there must be constitutional change. In particular, honouring the promises of Te Tiriti o Waitangi and "... culturally informed, adaptive solutions to the problems of social harm and crime, and to work in equal partnership with government agencies to respond to these challenges." (page 24)
Chapter 6 focuses on family and sexual violence. Te Uepū heard from many people about the substantial harm from family violence and that:
"... the criminal justice system is not working effectively to prevent or address this violence and is frequently exacerbating it. People told us that services directed at family violence are too fragmented, underresourced, often poorly targeted and ineffective. They said processes are too drawn out (particularly for children), and too many people working in the system lack the skills, understanding and support they need to effectively help those who experience family violence." (page 29)
Wider challenges include the siloed and fragmented services as well as issues arising from family violence being addressed in two different jurisdictions of the court: family justice and criminal justice. They also heard that agencies designed to support families in these processes, including Oranga Tamariki - Ministry for Children, were frequently not well aligned.
Specific to sexual violence, Te Uepū writes:
"We also heard that those who experience the violence of a sexual assault have among the worst experiences of any group in the criminal justice system, and our responses are not always the most effective." (page 29)
Te Uepū heard that from people that while sexual violence offences caused serious harm, "... the criminal justice system response had been worse." (page 32) Te Uepū heard about a number of issues including: delays in processing complaints, failure of the system to provide safety, difficult and intrusive processes to gather evidence, lack of understanding by authorities, damaging stereotypes about the nature of sexual violence, adversarial nature of the criminal justice system, lack of support to navigate the system or deal with the harm from the event, and the inability of the system to meet the needs of some groups.
Māori, Pacific peoples, migrant and refugee communities, and members of the Rainbow (LGBTQI+) communities, and disability communities often did not experience appropriate responses or support.
Next steps
In his foreword to the report, Te Uepū Chair Chester Burrows writes:
"To recognise the need in this area and do nothing is unintelligent, uncivilised and unfathomable. Encouragingly, it seems an increasing number of people are willing to step up and meet the challenges. The system does not lack examples of innovation and success, but these need to become the norm, and this will take time."
Te Uepū Group will now develop recommendations to present to the Government in their final report.
For more information see the Hāpaitia te Oranga Tangata Safe and Effective Justice website: https://safeandeffectivejustice.govt.nz.
Background information
See our previous stories:
Justice reform survey open for victims/survivors of crime
Criminal Justice Advisory Group public meetings; related research and reports
Summit and new advisory group to focus on criminal justice reform
Related media
The missing Māori inside the agency that investigates police misconduct, The Spinoff, 17.06.2019
This is where we draw the line, Newsroom, 14.06.2019
Mātauranga Māori needed for justice reform, Waatea News, 13.06.2019
Restoration, not punishment, is key to criminal justice reform for Māori, The Spinoff, 12.06.2019
Iwi need to lead justice reform, Waatea News, 12.06.2019
Political consensus crucial to justice reform, Waatea News, 10.06.2019
Māori-led justice initiatives for Māori essential - advisor, Radio NZ, 10.06.2019
Damning justice report makes case for change, Newsroom, 10.06.2019
Evidence backs justice reform, Waatea News, 10.06.2019
Rangatahi justice approach reducing offending, Waatea News, 10.06.2019
New Zealanders want a better justice system, Beehive Press Release, 09.06.2019
Poor treatment of crime victims, Māori exposed in justice report, Radio NZ, 09.06.2019
The Ministry of Social Development's (MSD) latest email update for family violence and sexual violence service providers covers a number of areas of work.
You can view the updates online and subscribe to receive them to your inbox.
The June 2019 update includes:
- Next steps related to allocation of new funding for sexual violence services
- Next stage in designing the Whānau Resilience services - regional presentations underway
- Invitation to apply for Pouwhakataki/Community Connectors (previously known as Kairaranga) roles now on GETS (deadline to apply 13 June 2019)
- Fernhill analysis of sexual violence services completed, summary of recommendations
- Findings related to exploring gap in sexual violence post-crisis care and recovery (see the Rapid Evidence Review)
- Next phase of changes to Family Violence Acts
- Child and family research funding available for policy-relevant research projects that explore and analyse the data gathered by the Growing Up in New Zealand study
Read all past updates and sign up to receive future updates on the MSD website.
For questions about sexual violence service development email CI_Sexual_Violence_Services@msd.govt.nz and about the family violence work programme contact Family_Violence_CPP@msd.govt.nz.
Related news
See our previous story on the Government announcement about the $320 million package for family and sexual violence as part of the pre-Budget 2019 announcements.
Elder Abuse Awareness Week ran from 15-22 June 2019, starting with World Elder Abuse Awareness Day on 15 June 2019.
World Elder Abuse Awareness Day (WEAAD) was officially recognised by the United Nations General Assembly in December 2011. This was in response to a request by the International Network for the Prevention of Elder Abuse, which first started the awareness raising day in June 2006.
Age Concern New Zealand has launched an online Elder Abuse Quiz to help raise awareness about elder abuse. The brief quiz is available for free but requires registration.
Chief Executive of Age Concern New Zealand Stephanie Clare said "Some of the quiz answers may be a surprise about who are the worst perpetrators of elder abuse. Too often we see family members taking advantage of their older relatives and it needs to stop. We need to stop hiding this abuse and all take responsibility to change the way we treat and care for older Kiwis”
The Age Concern New Zealand Media Release for 2019 WEAAD includes statistics on the calls they receive in relation to elder abuse. Age Concern states 80% of alleged abusers are family members. The media release encouraged people to seek help:
"Let’s not keep it hidden. Let’s make sure that anyone who has concerns for an older person knows they can contact their local Age Concern and discuss it in confidence and free of charge. We will listen to people’s concerns, offer to assess the situation, respect the wishes of the older person affected and always make sure the safety and wellbeing of the older person is the main consideration."
In 2018, the Office for Seniors published a brief video about elder abuse that highlights different forms of abuse. Listen to a Radio NZ interview about elder abuse with Hanny Naus, an Educator on Elder Abuse and Neglect Prevention with Age Concern.
Where to go for help and support
The Elder Abuse Response Service, 0800 32 668 65 (0800 EA NOT OK), is a free national helpline providing support for older people at risk of or experiencing abuse and for people who have concerns about an older person. It is run by SuperSeniors, Ministry of Social Development.
For local support, see the list of Age Concern Elder Abuse Services and Elder Abuse and Neglect Prevention Services. Also see Age Concern's brochure, Do you have questions about the safety of an older person/Kaumātua? to find out more about their services.
Age Concern NZ has also produced a new brochure addressing financial abuse: It's Your Money and Your Choice!
Other helplines
As part of the It's not OK campaign, the 0800 Family Violence Information Line (0800 456 450) provides information and referrals to local services for people experiencing or using violence and for people who want to support others.
Safe to talk - He pai ki te kōrero is a national 24/7 helpline for people affected by 'sexual harm' and sexual violence. Contact the helpline by calling 0800 044 334, texting 4334, emailing support@safetotalk.nz or webchat on www.safetotalk.nz.
Related news
The Government has been working to develop a new ageing strategy. The draft strategy, Better Later Life – He Oranga Kaumātua 2019 to 2034, includes safety and elder abuse.
Some funding announcements were made as part of Budget 2019 addressing services for seniors including funding for upgrading and enhancing the SuperGold Card, Digital Literacy Training for seniors, and ACC changes that better support working superannuitants who are injured.
A number of international and United Nation agencies held a special event on 6 June 2019 focused on Violence Against Older Women. Some of the statements and presentation slides are available from the event.
Related media
Elder abuse 'rampant' and 'all-hidden' in New Zealand, Stuff, 18.06.2019
Age Concern Nelson Tasman shines light on 'dreadful' elder abuse, Stuff, 16.06.2019
Elder abuse epidemic in Auckland with over 600 annual cases, Stuff, 10.06.2019
Petition taken up for kaumātua commission, Waatea News, 22.02.2019
Champion for Seniors Petition Presented, Press Release: New Zealand First Party, Scoop, 19.02.2019
Shama has received seed funding to establish a national service that can respond to the specific needs of people within ethnic communities who have experienced sexual assault or rape.
Ethnic in this context refers to people living in New Zealand, who are not primarily of European, Māori or Pasifika descent.
Next steps include a national hui for ethnic community stakeholders in the sexual violence and therapeutic sectors, to be held on 24 July 2019. This event is for people of ethnic backgrounds to come together. The final session of the day will include a 'feedback' session that will be open to all interested parties including MPs, policy advisors and mainstream services.
Shama Manager, Silvana Erenchun Perez, said the recent announcement of a $320 million package from the government to better support sexual and family violence responses is welcome and much needed, but some of this funding must be directed towards groups that have been under-served in the past.
Dr Rachel Simon-Kumar, Associate Professor of Social and Community Health at Auckland University, said "The lack of research and victims coming forward is used to argue that violence doesn’t happen to ethnic women. It’s important we don’t just assume one size fits all. We need a service for ethnic communities developed from the grassroots."
Related resources
A recent report by ActionStation said government underfunding of the sexual violence sector was particularly hurting already marginalised people, including refugee and migrant communities. See: For the wellbeing of New Zealanders: An urgent call for full funding for sexual violence prevention & support services (ActionStation, 2019)
See also: Simon-Kumar, R. (2019). Ethnic perspectives on family violence in Aotearoa New Zealand. Issues Paper 14. Auckland, New Zealand: New Zealand Family Violence Clearinghouse, University of Auckland. Dr Rachel Simon-Kumar also spoke about Why Ethnic Minorities Under-Report Sexual Violence in a podcast.
Shakti Community Council is currently working on the development of an Ethnic Domestic Violence Response Framework.
Related media
Sharing a tale of tough times to help other migrant mums, RNZ, 30.09.2019
National hui called for ethnic therapists and organisers, Press Release: SHAMA, Scoop, 10.06.2019
Muslim activist honoured for promoting diversity, Radio NZ, 03.06.2019
Ethnic women's 'tireless' campaigner Anjum Rahman honoured, Stuff, 03.06.2019
Funding boost creates first sexual violence services for ethnic communities, Stuff, 22.05.2019
The Privacy Commissioner's report on the inquiry into the Ministry of Social Development's benefit fraud investigations (released May 2019) included identifying issues related to domestic violence.
The Office of the Privacy Commissioner inquiry found "... the Ministry of Social Development (MSD) systematically misused its investigatory powers while pursuing benefit fraud, unjustifiably intruding on the privacy of many beneficiaries."
The Privacy Commissioner's inquiry looked at MSD's use of information gathering powers under Section 11 of the Social Security Act 1964 (now found in Schedule 6, Social Security Act 2018) and compliance with the Code Of Conduct for obtaining information under Section 11 Social Security Act 1964.
Under the Social Security Act, MSD has the power to collect information about a person who is receiving a benefit to assess their eligibility. This practice is governed by the Code of Conduct. In 2012, MSD advised their fraud investigation staff that they could go directly to third parties for information about a beneficiary without asking the beneficiary first. Information collected included text messages, domestic violence and other Police records, banking information and billing records from a range of providers.
While the inquiry did not focus specifically on domestic violence, the Commissioner's report highlighted issues specific to victims of domestic violence who were investigated.
Seven of the 17 sample investigation files reviewed in the inquiry involved investigations of "marriage type relationships" and contained indications of domestic violence or abuse. In half of these, a debt was established against the individual.
"Marriage type relationships" investigations concern whether the individual is in a relationship "in the nature of marriage" to decide if the person is entitled to a single person or a couple rate of assistance (the former being higher than the latter).
The Commissioner noted:
"Ruka v Department of Social Welfare makes plain that a relationship ‘in the nature of marriage’ must involve financial support or interdependence, accompanied by a continuing emotional commitment. The judgment observed that there is a level of violence that if present in a relationship would serve to negate or undermine any emotional commitment."
The Commissioner went on to write:
"Because a relationship is made up of many elements it can be difficult to establish whether it is of the significance anticipated by the term ‘in the nature of marriage’. The views of the individual accused of being in such a relationship should therefore be sought, particularly in cases where the Ministry suspects that violence may be present in the relationship.
There may also be a risk to the personal safety of an individual in a potentially violent relationship if assessments are not made on a case by case basis as to the most appropriate manner to engage with parties. This could be the individual or third parties. The Ministry assures us that in this area, case-by-case assessments are standard practice. It is my view that if the Ministry wish to know whether an alleged relationship contains violence they should ask the individual involved, unless to do so would put that individual at risk.
I am concerned that if the Ministry’s practice of gathering this type of information were widely known, individuals could be discouraged from seeking Police support out of fear the Ministry could use the information against them in the future."
The Commissioner found that some of the information gathered was "highly intrusive." Specific to domestic violence records he noted:
"5.19 Domestic violence records contain a large amount of highly sensitive information about the individuals involved. In some cases, the records contain details of sexual assaults.
5.20 The Ministry generally frames its requests as demands for all ‘Police reports of domestic incidences involving the above-named persons, for the purpose of confirming a marriage type relationship’. Many of the requests we have reviewed ask for up to a decade’s worth of information about individuals.
5.21 Even where the Ministry has legitimate reasons for collecting this type of information, it is nevertheless highly intrusive."
In one of the case studies in the report, the Commissioner highlighted that the Police information collected by MSD indicated there was violence present in the relationship however the "Ministry assessed that the violence was not at a level sufficient to negate the relationship was one in the ‘nature of marriage’." The Commissioner wrote that this case:
"... underlines the complexity of the cases investigated by the Ministry and the need for clear training and guidance to investigative staff on issues such as domestic violence. The case also highlights the importance of case by case assessments of the most suitable evidence to seek and information gathering methods for investigations."
The Privacy Commissioner outlined five recommendations in the report. The recommendations include ceasing the current practice, reviewing section 11, reviewing the Code of Conduct, developing training and guidance for all fraud investigation teams, and reviewing the Decision Support Tool related to investigations. The recommendations do not specifically address domestic violence.
The full report, Inquiry into the Ministry of Social Development’s Exercise of Section 11 (Social Security Act 1964) and Compliance with the Code of Conduct: Report by the Privacy Commissioner pursuant to section 13(1)(m) of the Privacy Act 1993 (2019), is available online.
Response from MSD
MSD stated it accepted the recommendations of the reported and noted they have made the following changes:
- "Amending our processes ensuring staff make a case-by-case decision on whether to first go to the client, or to a third party and to make sure the right amount of information is collected.
- Suspending all requests for information to telecommunications companies and Police, pending review of the Code of Conduct.
- A commitment to review the Code of Conduct that applies to the section and continuing to work with the OPC.
- Commissioning an independent assessment of fraud practices and policies."
MSD also said staff are available to answer questions from people who have concerns about their fraud investigations.
MSD previously announced in October 2018 that they would review the process for handling fraud investigations. MSD also launched its Privacy, Human Rights and Ethics Framework at that time.
Further information
A report written by Catriona MacLennan and published by the Child Poverty Action Group (CPAG) in 2016 ("Kathryn's story") has previously highlighted related issues around violence, relationship status and benefit fraud.
A 2018 report from the Australia-based National Social Security Rights Network, How well does Australia’s social security system support victims of family and domestic violence?, identified a number of issues with the welfare system for women who were victims of domestic and family violence.
Related news
The final report from the Government commissioned Welfare Expert Advisory Group (WEAG) was released in May 2019. The Ministry of Social Development and Oranga Tamariki - Ministry for Children have also published two evidence briefs exploring the link between child protection and welfare policies, including sanctions. For more information see our previous story Welfare Expert Advisory Group report released; research on child protection and welfare.
Related media
Process to get benefit money backdated 'punitive and retraumatising', RNZ, 12.07.2021
Few respond to MSD fraud investigation report, RNZ, 07.08.2019
Media must interrogate menacing privacy breaches, Newsroom, 22.05.2019
Ministry of Social Development systematically misusing powers - inquiry, Radio NZ, 16.05.2019
Social Development Ministry slammed for invading privacy, Radio NZ, 16.05.2019
The Speaker of the House of Representatives of New Zealand, Trevor Mallard, has released the report of the independent review of bullying and harassment in the Parliamentary workplace.
The review and report were completed by external reviewer Debbie Francis. In her introductory summary, The Story in a Nutshell, Ms Francis writes "Bullying and harassment are systemic in the parliamentary workplace."
She states "The story is complex, involving harmful behaviour by and between staff, managers, Members, media and the public." Watch a brief video of Ms Francis presenting the report and The Story in a Nutshell.
The report, Independent External Review into Bullying and Harassment in the New Zealand Parliamentary Workplace - Final Report (2019), includes 85 recommendations. Ms Francis cautions:
"This Report traverses sensitive matters within one of the most complex and demanding workplaces in New Zealand. The story goes as much to the health of our democracy and New Zealanders’ pride in their Parliament as it does to matters of employment, health, safety and workplace culture. My findings need to be addressed with care and the solutions recommended here are complex and wide-ranging. For these reasons I encourage readers to take the time to read the Report in its entirety."
The review looked at Parliamentary Service, Department of Internal Affairs / Ministerial and Secretariat Services and the Office of the Clerk from 2014 - 2019. The review process included:
- 102 written submissions
- An online survey with more than 1000 responses
- 146 self-nominated individual interviews
- Feedback through phone calls
- 55 interviews with Ministers, Members of Parliament and Party officials randomly selected across Party, tenure in Parliament, age, gender and ethnicity
- 40 focus groups.
The report examines risk factors unique to the Parliamentary workplace, findings related to bullying and harassment, sexual harassment as specific topic, impacts to respondents and current systems in place.
For the specific focus on sexual harassment, questions were asked in both the survey and interviews about offensive remarks, comments, jokes or gestures including allegations of bias or harassment against LGBTQI groups; unwanted touching; unwanted sexual advances; messages of a sexual nature sent to someone via email, direct messaging or social media; sexual coercion; and sexual assault.
14 people from the online survey and five from the interviews reported they had experienced sexual assault. Ms Francis intentionally kept her commentary brief in this area due to confidentiality and because some incidents may be involved in police investigations. Ms Francis wrote:
"Three of the alleged incidents disclosed to me in interviews were in my view extremely serious and some appeared to be part of a multi-year pattern of predatory behaviour. It was common for respondents to report that, in the event of sexual harassment or sexual violence, there was nowhere, other than directly to Police, that they could turn to for support or to report the harassment or violence. 'The power imbalances are so great round here, that why would you even bother?' said one. 'What are they going to do?', said another '…Chuck some EAP at me. Then what?'"
The report highlights that victims found that Parliamentary and human resource systems failed to adequately support, respond or manage their complaints. Ms Francis highlights one example:
"Another respondent alleging this told me that their formal written complaint regarding an alleged sexual assault matter did not result in the suspension of the accused, took several months to investigate and the respondent was never provided with written notification of the outcome of the investigation.
The respondent recalls being told that the accused was entitled to a letter about the outcome of the formal investigation, but as the complainant they were not. They told me that while access to EAP was encouraged by Parliamentary Service HR, they struggled to gain access to additional specialist support.
They also described feeling at risk of retaliation by the accused during and after the investigation. Though they requested some protective interventions, it is this respondent’s perception that none were put in play.
As a result, the respondent told me they felt they had to constantly devise informal support strategies to keep themself separate from the accused in the normal course of work and alleged that they continued to suffer ongoing trauma as a result."
The recommendations are wide ranging and many address sexual violence and assault within a broader approach to address harassment and bullying. There are two recommendations specifically related to sexual violence and assault:
"19. I recommend the services of accredited social workers or psychologists with experience in sexual harm be secured, on precinct, in regions and accessible via a confidential, dedicated helpline."
"82. I recommend the new parliamentary HR shared services group develops the following new and revised stand alone policies for the parliamentary workplace:
- Anti-bullying and harassment
- Sexual harassment and sexual assault
- Protected disclosures
- Alcohol use within the parliamentary precinct
- Conflicts of interest in Parliament
- Racist, homophobic, sexist and transphobic comments
- Balancing parliamentary and political work; and
- Behavioural protocols for interactions between Members of Parliament and Members of the Parliamentary Press Gallery."
In releasing the report, Speaker Trevor Mallard said:
"Together with the agencies and all political parties, I am committed to making changes to ensure the parliamentary workplace is free from harmful behaviour. We will now consider the report’s recommendations. The issues in the report will not be a quick fix and any solutions will need to have input from those affected and address the systemic issues.”
Trevor Mallard asked Deputy Speaker Anne Tolley to lead a group to develop a Code of Conduct for New Zealand Parliament. Anne Tolley confirmed she is chairing the working group, which is still being set up but includes representatives from the political parties, the press gallery and unions (PSA and E Tū).
In response to the review, Prime Minister Jacinda Ardern said:
“The findings of this report are rightly being taken very seriously. Parliament, like any other workplace, should be free from bullying and harassment and we need to make improvements. In response to the report, I have asked to receive regular reports from the Department of Internal Affairs and Parliamentary Services on how offices are working generally as well as any exceptional reports where an issue needs to be raised with me promptly."
Following media coverage and a complaint, a Parliamentary staff member was stood down pending an investigation.
Update: Parliamentary Services has published Behavioural Statements for the parliamentary workplace, released publicly in October 2020.
Update: In June 2022 the Parliamentary Service Commission adopted a recommendation to establish a Commissioner for Parliamentary Standards as an independent role to consider the conduct of MPs.
Update: In July 2023 RNZ reported that Debbie Francis has re-examined if there was less bullying and harassment in Parliament since her inquiry, and she has repoted back that the environment has improved.
Update: Research published in 2024 found that 98% of surveyed MPs reported harassment and threats, with increases in online threats and misogyny. The article, Stalking, harassment, gendered abuse, and violence towards politicians in the COVID-19 pandemic and recovery era (2024), also reported that "Women [parliamentarians] were at significantly higher risk of certain types of social media harassment including gendered abuse, sexualised comments, threat of sexual violence, and threats toward their family." See related media below for more information.
Background information
In November 2018, Speaker of the House Trevor Mallard announced an independent external review into bullying and harassment of staff at Parliament. Terms of reference and frequently asked questions are on the Parliamentary website.
For support
Current and former employees can call 0800 PP ASSIST (0800 772 774).
To talk to a trained specialist in sexual violence, contact Safe to Talk | Kōrero mai ka ora on 0800 044334 or txt 4334.
Related news
Prior to the release of the report, Stuff reported that a number of Parliamentary Services staff have reported experiences with bullying and harassment.
The National Party completed a separate review of its culture. The party waited to release the results until the report from the Parliamentary inquiry was released. The National Party has now released a draft Code of Conduct and recommendations from their health and safety review which looked at "... ensuring our current Party policies continued to reflect best practice and provide advice on any improvements that could be made."
National Party President Peter Goodfellow said "While our review confirms we have a comprehensive Health and Safety Policy in place, there are a few small helpful changes we can make to ensure alignment with best practice, and our Board of Directors have accepted all of the recommendations made." National Party Leader Simon Bridges launched the independent review following allegations of bullying, intimidation and sexual harassment.
The New Zealand chapter of the cross-party Commonwealth Women Parliamentarians surveyed female MPs about their experiences of sexism and sexual harassment. One News reported findings from the survey that 44% of women who responded had experienced psychological violence and that 86% didn't report the abuse because they did not know where to go for help, did not want to relive the event or decided to put up with the abuse.
Media outlet Stuff also reported that women's experiences included inappropriate touching at public meetings, death and rape threats from constituents, and sexist and humiliating comments in work environments including from other Members of Parliament. In response to the survey findings, Former MP and Human Rights Commissioner Dr Jackie Blue called for a code of conduct to address the culture of sexism and bullying in Parliament.
Golriz Ghahraman, the first person from a refugee background to be elected to the New Zealand Parliament, spoke at a public panel about her experiences of threats and harassment including racism. She called for structural change saying:
"Some of our messages have to change when we talk to women about political participation. We tell them often to ‘lean in’, to just put themselves forward, to smash that glass ceiling, and I don’t think it’s safe in a lot of circumstances to keep telling women as individuals to do that.
... We have to change the system and we have to change the culture that is the barrier to women putting themselves forward. Of course, we have to encourage each other and we have to stand with each other as we do more and more put ourselves forward, but that can’t be the only thing."
Stuff reported the State Services Commission has been working to establish a new set of standards to address workplace bullying in government agencies.
Media has continued to highlight ongoing reports of sexual harassment and assault in workplaces including other government agencies as well as universities and sporting organisations around the country.
Related media
Parliament’s Complaint Commissioner: No complaints, no problem?, The Press, 06.09.2024
Access to Parliament to be cut down in wake of growing MP abuse, Stuff, 18.04.2024
Female MPs at higher risk of abuse: study, Otago Daily Times, 18.04.2024
Abuse of MPs increased to 98% in 2022 - study, RNZ, 17.04.2024
MPs turn to private security companies as ‘disturbing’ abuse ramps up, Stuff, 17.04.2024
Parliament culture report ignores Māori issues, Waatea News, 04.08.2023
Parliament culture report fails Te Tiriti o Waitangi test, Waatea News, 01.08.2023
Debbie Francis called back to Parliament to look at culture, RNZ, 14.10.2022
Bullying and harassment in Parliament - one year on, Newsroom, 07.07.2020
$130k paid out to ministerial staff after relationship 'breakdown', RNZ, 07.08.2019
Details of employment disputes between MPs and staffers released, Radio NZ, 10.06.2019
Teuila Fuatai: Racism an ugly side of parliamentary culture, NZ Herald, 28.05.2019
Health and Disability Commissioner Anthony Hill has released a report examining a District Health Board (DHB) response to a child who presented multiple times to hospital with indications of possible non-accidental injury. Following discharge, the child sustained further injuries and died.
In the report (16HDC00134), the Commissioner found the DHB had adequate information to diagnose the child's leg fracture and non-accidental injuries earlier, "... but a series of failings in assessment, communication, documentation, and coordination of care, and a failure to adhere to policies and procedures prevented this from occurring."
He found that the "DHB’s systems did not encompass an adequate safeguard" and "that the evidence overwhelmingly demonstrates a systemic failing on the part of the DHB."
The 16 month old child was brought to the hospital by his mother four times. During the visits, the mother informed staff the child's father was in prison for domestic violence with a "restraining/parenting order" and that her current partner was on home detention for assault and had permission to be in their home.
The Commissioner highlighted that the DHB’s Partner Abuse Screening policy recommends screening for family violence at all Emergency Department and Paediatric Department presentations. However, screening and a Paediatric Nursing Assessment Form were only completed on the forth visit. The screen was negative and the social history was found to be incomplete.
The Commissioner's report also noted that "Several important policies and procedures concerning non-accidental injury were in place, but were not followed." One was not able to be followed due to inadequate staffing levels. During the investigation, members of the medical team stated they considered non-accidental injury as a possible risk in the first three visits however this was not documented. At the third visit the child was discharged before the clinician responsible for his care completed a Child Protection Assessment.
At the forth visit, when additional injuries were noted (at a different hospital), an Unexplained Injury Process was initiated, a Report of Concern was sent to Oranga Tamariki - Ministry for Children and a referral was made to the Child Protection Team. This was communicated to New Zealand Police and the Social Work Team at the original hospital. The child was transferred back to the original hospital, but was ultimately discharged without the knowledge of the clinician who was responsible for his care and before safety planning was done.
The Commissioner highlighted that a national Memorandum of Understanding (MOU) between Oranga Tamariki - Ministry for Children, Police, and DHBs relating to children who are admitted with suspected or confirmed abuse or neglect was not followed. Staff were not made aware of the MOU. The MOU requires "All children admitted with suspected or confirmed abuse or neglect will have a Multi-Agency Safety Plan in place prior to discharge from hospital. [Oranga Tamariki] have a key responsibility for the development and implementation of this plan."
The Commissioner went on to write "Whilst I am concerned that a number of policies were not followed by staff, I am also concerned that the DHB did not have robust systems in place to ensure that these policies could be followed."
In conclusion, the Commissioner writes:
"Master A’s care demonstrates the challenges clinicians face when diagnosing nonaccidental injuries. These challenges could have been addressed by more rigorous analysis, particularly given circumstances where suspicion of inflicted injury should have been expressly explored, policies and procedures followed, and effective communication and documentation carried out.
In my view, the DHB failed to provide services to Master A with reasonable care and skill for the following reasons:
- The diagnosis of non-accidental injury was not considered adequately across multiple presentations to hospital, resulting in a delayed diagnosis. This was reflected in poor documentation of social history, cause of injury, and family violence screening.
- The important policies and procedures around family violence screening and nonaccidental injury were not followed by numerous staff. Moreover, the DHB did not have robust systems in place to ensure that the policies could be followed.
Furthermore, the DHB failed to ensure quality and continuity of services for the following reasons:
- The inadequate documentation led to an incomplete clinical picture being passed on from team to team, and this contributed to a delay in Master A’s diagnosis.
- Master A’s journey through the Paediatric, Orthopaedic, and Radiology teams was inadequate, and included two inappropriate discharges from hospital and delayed reporting of his skeletal survey.
Across all disciplines, my experts have advised me that there were systemic failings in the care provided to Master A within teams, and across services. Dr Rowan concluded:
'[T]he over-riding finding from the information given is that there was a lack of consideration of the diagnosis of non-accidental injury. The lack of consideration was systemic across all services.'
Similarly, Dr Metcalfe advised that 'the systemic issues were more to blame than any one individual'. Dr Tuck also advised that 'there is absolutely no doubt that the system let this child down from first to last presentation', and he concluded that the standard of care provided to Master A was 'significantly below' accepted standards.
Having considered the information gathered and the advice from my experts, the evidence overwhelmingly demonstrates a systemic failing on the part of the DHB. For the reasons outlined above, I find that the DHB failed to provide services to Master A with reasonable care and skill, and breached Right 4(1) of the Code [Code of Health and Disability Services Consumers’ Rights]. The DHB also failed to ensure cooperation among providers to ensure quality and continuity of services, and breached Right 4(5) of the Code."
The Health and Disability Commissioner lists six recommendations for the DHB:
- Provide a written letter of apology to the child's family
- Report back on the DHB's review of medical staffing levels and rostering practices in the Paediatric and Radiology departments
- Audit the standard of documentation for child presentations including family violence screening and social history
- Audit the reporting timeframes of paediatric skeletal surveys
- Report back on the protocol being developed around hi-tech imaging requests for children under the age of 12 years
- Share the Commissioner's report with clinical teams across all hospitals within the DHB and nationally.
The DHB has completed two internal reviews of this case including a Serious Adverse Event Report (SAER). The DHB advised the Commissioner that all actions had been completed from this report with the exception of two areas: (1) a follow-up multi-agency meeting with Police and Ministry for Children - Oranga Tamariki and (2) a protocol for hi-tech imaging requests for children under the age of 12. The Commissioner endorsed the SAER findings and recommended the DHB follow up with Oranga Tamariki - Ministry for Children and Police regarding the multi-agency meeting. The DHB advised Police wished to wait until a Coroner’s inquest is complete.
The Commissioner has referred the DHB to the Director of Proceedings to decide whether any proceedings should be taken.
For more information listen to interviews on Radio NZ with Health and Disability Commissioner Anthony Hill and Children's Commissioner Andrew Becroft.
Related news
Minister for Social Development, Carmel Sepuloni recently announced changes to government oversight of the children’s system (particularly children in state care). The State Services Commission has released four Aide-Memoires related to oversight of the children's system.
Media outlet Newsroom recently reported the story of a mother, her whānau, Māori midwives and others challenging Oranga Tamariki and police efforts to uplift a newborn baby in Hawkes Bay Hospital. Oranga Tamariki said concerns included family violence by the child's father. The whānau, midwives and iwi eventually negotiated with police and Oranga Tamariki to allow the mother and child to stay together in a supported environment until a court hearing in June. This followed previous criticism of increasing and disproportionate uplifts of Māori children. See further commentary in the related media below.
A community hui was recently held to address concerns from parents and whānau about Oranga Tamariki's uplifting of children.
Related media
Yes, we are the Stolen Generations, Newsroom, 12.06.2019
Oranga Tamariki taking Newsroom to court, Newsroom, 12.06.2019
The midwife fighting for her patients’ babies, Newsroom, 12.06.2019
DHB chairman: Outspoken member has breached code of conduct, NZ Herald [Premium], 12.06.2019
Baby uplift case breached legal processes, Newsroom, 11.06.2019
NZ’s own ‘taken generation’, Newsroom, 11.06.2019
Opinion: Hinemoa Elder, Oranga Tamariki is doing more harm than good, Stuff, 19.05.2019
Oranga Tamariki isn't 'snatching babies' - Children's Minister Tracey Martin, Newshub, 18.05.2019
Opinion: Jacoby Poulain: Hawke's Bay DHB 'failed significantly' in its duty, NZ Herald, 14.05.2019
Parents demand more robust assessments from Oranga Tamariki, Māori Television, 13.05.2019
Call for investigation over attempt to remove baby from hospital, Radio NZ, 13.05.2019
Culture change missing from Oranga Tamariki, Waatea News, 13.05.2019
‘Our problem, our solution, our way’, Newsroom, 10.05.2019
Oranga Tamariki accused of bullying, racism over removal of baby, Radio NZ, 10.05.2019
Toddler death: Health Minister expects DHB to review policies, NZ Herald, 07.05.2019
Toddler dies after hospital staff failed three times to identify possible abuse, Stuff, 06.05.2019
Child, Youth and Family 'failings' exposed over Southland toddler's death, Stuff, 13.06.2017
Faces of Innocents: The man who was allowed in to kill, Stuff, 24.07.2016
The Government has announced a family violence and sexual violence package worth $320 million, as part of its Wellbeing Budget 2019.
The package was developed collaboratively across 8 votes involving 10 agencies.
The family violence and sexual violence package comprises initiatives across five broad areas.
These are summarised in the Beehive release:
- “Preventing family violence and sexual violence [$47.8 million over 4 years]
- Safe, consistent and effective responses to family violence in every community [$84.3 million over 4 years]
- Expanding essential specialist sexual violence services: moving towards fully funding services [$131.1 million over 4 years]
- Reforming the criminal justice system to better respond to victims of sexual violence. [$37.8 million over 4 years]
- Strengthening system leadership and supporting new ways of working [$20.0 million over 4 years]
- The total monetary value of the package is $320 million (comprising new operating funding of $311.4 million, and $9.5 million of capital funding).”
Further detail on the package is available in the summary Family Violence and Sexual Violence Package: Breaking the cycle of family and sexual violence, on the Ministry of Justice website.
The Ministry of Social Development (MSD) also provides further detail in a special Budget edition of their Family Violence and Sexual Violence Service Provider Update. Also see the MSD media announcement and Budget 2019 Fact Sheets.
Making the announcement, Prime Minister Jacinda Ardern and Parliamentary Under-Secretary Jan Logie said the Government was delivering the "largest ever investment in family and sexual violence and support services." Jacinda Ardern said:
“Wellbeing means being safe and free from violence. That is why this package is such a significant cornerstone of the Wellbeing Budget.
My goal has always been for New Zealand to be the best place in the world to be a child and that means supporting parents and communities to ensure children grow up in secure homes free from violence.”
For responses to the announcement, see the media list below.
The full Wellbeing Budget will be delivered on 30 May 2019.
Related news
The Joint Venture have released a snapshot, Integrated Safety Response (ISR) evaluation: emerging findings. An evaluation of ISR is currently being carried out "by a kaupapa Māori team and a research team led by Dr Elaine Mossman." The final evaluation is due in mid-2019. The snapshot provides key emerging findings to date. The snapshot says "The emerging findings show that the ISR is making a positive difference for many families and whānau. The evaluation also identifies opportunities that build on current results."
The first evaluation of ISR was published in 2017.
Media
More men needed to help combat domestic violence, RNZ, 05.08.2019
Rangatiratanga key to kaupapa funding, Waatea News, 23.05.2019
Funding boost creates first sexual violence services for ethnic communities, Stuff, 22.05.2019
Funding pledge for safer whānau, Ten One Magazine, NZ Police, 20.05.2019
Women's Refuge hails new Budget as historic step against domestic violence, Newshub, 20.05.2019
$320m package to tackle family and sexual violence 'a good foundation', Radio NZ, 20.05.2019
Sexual Violence Initiative Welcomed, Press Release: TOAH-NNEST, Scoop, 20.05.19
No simple solution to NZ's family violence crisis - HELP director, NewstalkZB, 20.05.2019
New Mental Health and Wellbeing Commission likely to be announced, NZ Herald [premium], 20.05.2019
Finally, relief for survivors of sexual violence - but caution remains, Stuff, 19.05.2019
Le Va has launched a new e-learning module on respectful relationships for Pasifika young people. The module has been launched in time for Youth Week, which runs from 18 - 26 May 2019.
The module is part of Le Va's violence prevention programme Atu-Mai. Respectful Relationships is the second e-learning module in the programme. The first part focuses on Respectful Partner Relationships. It covers healthy partner relationships, unhealthy and abusive partner relationships and relationship tools. It involves a number of brief videos along with a quiz to test your knowledge. The other parts of this module are still being developed. They cover relationships and culture, consent and being an 'upstander.'
The first module, I Am, was released when the Atu-Mai programme was launched in 2018. This module focuses on strengthening self-worth through culture. This includes exploring Pasifika cultural values and applying them in a modern world.
The third module, Intergenerational Communication, will focus on how to navigate respecting elders and getting support from family. This module is still being developed.
To access the online learning modules, you need to create a profile and log in. It is free to create a profile and to complete the modules.
Atu-Mai is a five year national programme focused on strengthening Pasifika communities by developing confident and resilient Pasifika young people. The programme is designed to equip Pasifika young people and their families with the knowledge and tools to live violence-free. ACC partnered with and funded Le Va to develop and implement the programme.
For more information about the Atu-Mai programme see Le Va's work on violence prevention. Also see our previous story National violence prevention programme for Pasifika young people launched.
For more information about Youth Week, see Ara Taiohi, the peak body for youth development in Aotearoa New Zealand.
Related news
The Ministry of Social Development (MSD) has announced it will develop a Pacific Strategy and Action Plan. The aim of the plan is to improve the overall wellbeing of Pacific families and communities. Details about the timeline and consultation process are still to be set. To stay up to date with news from MSD, sign up for their newsletter Kotahitanga.
Related media
Solomon Islands counts cost of domestic and sexual violence, Radio NZ, 27.03.2019
New Study Shows High Cost of Domestic and Sexual Violence [Solomon Islands], Press Release: International Finance Corporation, Scoop, 26.03.2019 (see the full report)
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