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The Office of the Auditor-General (OAG) has outlined their proposed work programme in their Draft annual plan 2021/22. The plan sets out the proposed discretionary work programme. This is work the OAG does in addition to audits of public organisations. Feedback is invited on the proposed work programme outlined in Part 4 of the Draft annual plan.
The closing date for giving feedback on the plan is 28 May 2021.
The Draft annual plan is based on five key areas:
1. Providing assurance to Parliament and the public on the Covid-19 response and recovery
2. How well is the public sector improving the lives of New Zealanders?
3. How well is the public accountability system working as a whole?
4. Keeping New Zealanders informed about public sector performance and accountability
5. Sharing insights about what “good” looks like
For area 2 focused on the public sector, the draft annual plan identifies four priorities: improving outcomes for Māori; reducing family violence; improving housing outcomes; and improving education outcomes.
Pages 23-24 of the plan outline the OAG proposed work programme related to family violence:
"The Government has identified preventing and eliminating family violence as a priority in the wider effort to improve the well-being of New Zealanders.
In 2018, a cross-government joint venture was set up to work in new ways to reduce “family violence, sexual violence and violence within family/whānau”. The role of the joint venture is to help co-ordinate efforts and lead a whole-of-government, integrated response to family violence (and sexual violence in the context of family violence).
In 2019/20, we started a multi-year programme of work aimed at examining public organisations’ performance in achieving reductions in family violence. In 2021/22, we will continue our programme of work looking at how well agencies involved in the joint venture are working with the non-government sector to deliver services to help people affected by family violence and sexual violence.
In 2022/23, we intend to look at how well interventions are being implemented and service delivery performance more generally.
We intend to continue building our understanding of family violence, its costs to society, and whether the system responds effectively in ways that will lead to significant and sustained reductions. We plan to report at different stages of our work."
Under planned work in 2021/22 related to family violence, the draft plan states:
"Family violence and sexual violence: How well are agencies working together and with the non-government sector to deliver family violence and sexual violence services?
In 2021/22, we will continue our multi-year programme of work, with a view to examining how well the agencies involved in the joint venture are working together and with the non-government sector to deliver family violence and sexual violence services.
As part of this work, we expect to look at how public organisations are partnering with organisations delivering services to Māori and how the organisations are developing their capability to engage with Māori and understand Māori perspectives in their work.
We envisage that this work will include looking at the effectiveness of work with service providers that support population groups that can find accessing family violence and sexual violence services difficult (for example, Pasifika, people with disabilities, and migrant communities).
We expect to use a combination of approaches in carrying out this work. This will likely involve a mix of performance audit, data analysis, and research."
Pages 22-23 outline the proposed work programme related to improving outcomes for Māori:
"The public sector has an important role in building a successful and effective relationship between Māori and the Crown and contributing to improved outcomes for Māori. Public service leaders are required, under the Public Service Act, to develop and maintain the capability of the public service to engage with Māori and understand Māori perspectives.
Other existing requirements are also targeted at improving public sector performance. For example, Te Ture mō Te Reo Māori 2016 provides guidance for departments of state on the use of te reo Māori. The Māori Language Strategy sets a vision that, by 2040, more New Zealanders will value, speak, and use te reo Māori.
We are interested in how effectively the public sector is contributing to improved outcomes for Māori. There have been many government initiatives and targeted funding for particular issues. We want to understand what has been achieved for the investment that has been made. In 2021/22, we also intend to talk with Māori to gain their perspectives on the outcomes that matter most for Māori. We expect the results of this work, alongside the work we have carried out to see what has already been achieved, to inform the choices that we will make about where to focus our work in this area.
We will also continue our work on Māori perspectives on accountability, including researching what effective public accountability looks like for Māori. This work builds on our broader programme of work on how the accountability system as a whole is working for New Zealanders.
We also plan to revisit our 2015 performance audit of Whānau Ora. For that audit, we described what Whanau Ora was, looked at how it was funded, how much had been invested, and how much had been spent. This work will examine how effectively commissioning and delivery organisations are now using the Whānau Ora approach to help whānau achieve positive outcomes."
For the planned work for 2021/22 related to outcomes for Māori the draft plan states:
"Understanding how well the public sector is delivering the outcomes that matter for Māori
We will carry out work in 2021/22 to identify areas of significant investment targeted toward improving outcomes for Māori and compare that with the results that have been achieved.
We also intend to talk to Māori to gain their perspectives on where we should focus in order to support the public sector to deliver improved outcomes for Māori.
Māori perspectives on accountability
We plan to complete our research project exploring Māori perspectives on what effective public accountability looks like. We are interested in learning more about the range of Māori views and how the public sector can build and maintain the trust of Māori. This research will build on what we have learned from our previous research into public accountability. It will inform the choices we make about future topics or areas for attention in our priority area: improving outcomes for Māori. We intend to publish our research.
Whānau Ora: What has been achieved?
In 2015, our work was focused on understanding the Whānau Ora approach and what the Government had invested. Revisiting our 2015 performance audit, we will examine how effectively commissioning and delivery agencies use the Whānau Ora approach to help whānau achieve positive outcomes."
In addition, under key area three, focused on public accountability, the OAG proposed work programme includes the first audit of Operation Respect. On page 29 of the draft plan it states:
"Operation Respect was first launched in 2016. It is aimed at eliminating inappropriate and harmful behaviours and sexual violence in the New Zealand Defence Force (NZDF). In 2020, an independent review into the programme recommended that the Minister of Defence request the Auditor-General to carry out an audit of the NZDF’s progress in regard to Operation Respect’s specific outcomes every two years for 20 years.
We will carry out the first audit in 2021/22. The audit will focus on what NZDF has put in place to address the recommendations from the independent review to ensure that the objectives of Operation Respect can be achieved."
Send feedback on the plan by email to enquiry@oag.parliament.nz by 28 May 2021.
For more information see the Office of the Auditor-General's media release.
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Minister of Internal Affairs Jan Tinetti announced changes to the terms of reference for the Royal Commission of Inquiry into Abuse in Care. The changes include narrowing the scope of the Royal Commission and changing some of the reporting timelines.
The Beehive media release states that "Cabinet has adjusted the Royal Commission’s terms of reference by:
- Allowing the Royal Commission a small extension of up to five months to give it time to complete its final report back by June 2023,
- Moving the due date forward to October 2021 for its report on redress for survivors of historical abuse and how the redress process can be improved, so Government can move more quickly to make improvements, and
- Narrowing the Royal Commission’s scope by removing the requirement for it to look at modern-day care policy settings to avoid duplication with other reviews already underway, and so it can focus on the causes, extent and nature of historical abuse in care."
Minister Tinetti said the changes would ensure the Commission could deliver the final report in 2023. She said:
“I reflected on what the Royal Commission was originally tasked with and whether that scope remains appropriate. And in doing so, it became clear that some adjustments are necessary, so the Royal Commission can complete its job by 2023.
“Since the Royal Commission was established, there have been a number of reviews and investigations into contemporary State care issues, which have significant overlaps and risk duplication with the Royal Commission’s work.”
The Royal Commission issued a statement in response to the announcement. The Royal Commission said they would speak to Minister Tinetti "...to clarify the nature and extent of this change and the implications for survivors and those currently in care." The Commission also said "It is imperative that any changes to current care systems and practices be informed by past learnings. Our recommendations about these will be outlined in our reports, including the final report."
RNZ has reported that advocates and survivors have criticised the decision.
The original terms of reference were confirmed in 2018. These confirmed the inquiry would focus on people who were in care between 1950 and 1999, but also allowed the Commission to hear from people who were in care at any point after 1999 or currently in care.
Update: The Abuse in Care Royal Commission Inquiry published a media release in July 2021 about the changes to the Terms of Reference being finalised. It states:
"Changes to the Abuse in Care Royal Commission’s Terms of Reference confirm the Inquiry can make recommendations to help avoid future abuse based on the lessons of the past, and to improve redress systems. To inform those recommendations, the Inquiry can continue to hear from survivors about issues and experiences up to the present day."
It also states:
"The Government has now finalised further changes, which:
-continue the discretion to allow the Royal Commission to consider issues prior to 1950 and after 1999 for the purposes of making recommendations on redress, or to ensure that factors that allowed abuse to occur in care do not persist.
-remove the Royal Commission’s mandate to examine current frameworks to prevent and respond to abuse in care, including current legislation, policy, rules, standards and practices."
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In January 2021 Minister for Children Kelvin Davis established a new Oranga Tamariki Ministerial Advisory Board to provide independent advice "...across three key areas of Oranga Tamariki: relationships with families, whānau, and Māori; professional social work practices; and organisational culture." The Board members are Sir Mark Solomon, Dame Naida Glavish, Shannon Pakura and Matthew Tukaki. An initial report is expected from the Board by 30 June 2021. Also in January 2021, Grainne Moss resigned as Chief Executive of Oranga Tamariki. Sir Wira Gardiner has been appointed as acting Chief Executive for a six month contract. For more information on the changes, see Moana Maniapoto's interview with Sir Wira Gardiner in Series 3 Episode 6 of Te Ao with Moana. Also see the media below for more information.
Closing submissions were provided to the Waitangi Tribunal urgent inquiry Oranga Tamariki claim (Wai 2891) in February 2021.
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Oranga Tamariki and Rotorua iwi appoint specialist Māori role, Rotorua Daily Post, 27.02.2021
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Survivors' voices missing from Oranga Tamariki review, Waatea News, 28.01.2021
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Moss exit the first step in transforming Oranga Tamariki, Newsroom, 22.01.2021
Abuse, torture and a deep state campaign of denial, Newsroom, 16.10.2020
High Court Justice Rachel Dunningham considered whether it was within the scope of the District Court Act 2016 to direct that only judicial officers should hear bail applications involving family violence charges, and not Registrars.
In her March 2021 ruling, Justice Dunningham found that the "The directions made by the District Court requiring any decision on bail applications on family violence charges to be made by judicial officers only, are unlawful." As a consequence of the finding, she quashed the directions.
She found that the District Court "...did not have the power to prohibit Registrars from dealing with applications on family violence charges." Justice Dunningham noted:
"[44] The power to make directions and set standards for best practice and procedure in the District Court must be exercised consistently with the relevant statutes which govern the practice and procedure of that Court. Through the provisions of the District Court Act, the Bail Act and the Criminal Procedure Act, Registrars have authority to make decisions on family violence bail applications where the prosecution does not oppose. That authority cannot be removed by a direction or decision made under s 24(3)(i)."
Section 24(3)(i) from the District Court Act 2016 allows the Chief District Court Judge to "make directions and set standards for best practice and procedure in the court."
Judge Walker provided an affidavit for the High Court that outlined how the District Court developed the current process. In 2014 the Chief District Court Judge at the time gave Judge Walker the responsibility for leading the District Court response to family violence. During that work Judge Walker became aware of a man who had been convicted of murdering his wife while on bail in relation to a family violence charge. The man had been granted bail by a Justice of the Peace, and bail was renewed by a Judge when the man appeared on a breach of bail. In both situations, police had not opposed bail. Because police had not opposed bail, the Court had not received information about the alleged facts, the defendant’s history, or the victim’s circumstances. Judge Walker also became aware that Registrars were routinely granting bail in family violence cases when unopposed with little information about the case.
As a result, Judge Walker developed a minimum list of information that should be considered in decisions of bail on family violence charges. From this work, the Family Violence Bail Report (FVBR) was developed and piloted. As the pilot developed, guidance indicated that Registrars should not deal with family violence bail applications.
In Justice Dunningham's ruling, she noted that Judge Walker emphasised victim safety as the driver for the FVBR pilot. She noted that "He [Judge Walker] says that experience has shown that the greatest level of unidentified risk lies in the unopposed bail applications when information is lacking."
She went on to quote Judge Walker regarding the reasons that Registrars should not handle family violence bail decisions:
"Registrars have not had the education in family violence bail risk assessment, and it has always been the position of the Chief District Court Judge and myself, when the process was developed, that while Registrars have the statutory power to grant unopposed bail in family violence cases, the safety of complainants and victims dictated that they ought not to do that work. This has been communicated to all participants in the Courts where the process has been established as a key part. Our concern was to ensure that the power could be safely exercised."
While Justice Dunningham found the direction unlawful, she also noted:
"[46] That is not to ignore the concerns of the District Court judiciary. Clearly there were good reasons for requiring bail applications to be based on full information, which the FVBR now provides to the decision-maker. There was also a need to provide education to those making decisions on such matters so they were alert to relevant risk factors identified in the FVBR. That said, I consider the District Court had other options to address the concerns they had."
In her ruling, Justice Dunningham also considered whether the directions were unreasonable. She found that "Indeed, but for the illegality I have identified above, they are manifestly reasonable for the reasons set out in Judge Walker’s affidavit."
As a result of the ruling, current Chief District Court Judge Taumaunu has told media outlet Stuff:
"As a result, this week I advised all District Court Judges and the Ministry of Justice that the previous best practice directions issued by or on behalf of my office, requiring registrars to refer those cases to judges for decisions, are revoked pending further direction from my office.”
Stuff media has also reported that Judge Taumaunu said the FVBR would continue to be rolled out nationwide and should be completed by the end of April.
Update: In a June 2021 decision, the Court of Appeal set aside this High Court judgment ([2021] NZCA 353). The Court of Appeal concluded that the direction made by the District Court requiring any decision on bail applications on family violence charges to be made by judicial officers was legal.
Update: A decision from the Supreme Court in November 2021, dismissed further appeal regarding this case. Following this decision, Chief District Court Judge Heemi Taumaunu issued a directive effective 17 November 2021 that:
"1. In relation to any proceeding where a defendant is charged with a family violence offence, Registrars (which includes Deputy Registrars) are not to consider any application for bail or any application for the variation, deletion, or addition of any condition of bail.
2. Such applications are to be referred to a Judge or Community Magistrate or, where those judicial officers are unavailable, to a Judicial Justice of the Peace for determination."
Additional background and new research
The Family Violence Death Review Committee (FVDRC) recommended in their fourth report (2014) that training and detailed information be provided to judges to support decision-making in family violence cases. The Committee recommended:
"The Ministry of Justice, in partnership with New Zealand Police, strengthen the criminal and appellate court's ability to respond effectively to family violence charges by facilitating the provision of comprehensive information to judges to aid safe and robust decision-making. This includes the provision of:
-criminal conviction histories, which clearly identify family violence offending, as well as who the victim(s) are - one intimate partner or multiple, and/or related children
-IPV [intimate partner violence] risk information (regarding assault and lethality) and risk management analyses
-information for bail applications that documents family violence offending histories and identifies harmful patterns of relating, including the number of protection orders against the defendant."
New research from the FVDRC also highlights the role of family violence expert evidence and argues for the need for adequately trained and experienced specialists to provide that evidence within the criminal jurisdiction of the District Court and High Court in Aotearoa New Zealand. Researchers Mark Henaghan, Jacqueline Short & Pauline Gulliver conclude that:
"Without there being a contemporary, comprehensive understanding of family violence amongst judges, police prosecution and defence lawyers, expert evidence from trained and experienced specialists is required. To enhance the educative role of family violence expert evidence, such evidence should be called by the court in criminal cases considering offending by one family member against another. Consideration should be given to an inquisitorial approach to family violence expert evidence."
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The New Zealand Law Society | Te Kāhui Ture o Aotearoa is asking for feedback on the draft Terms of Reference for the Independent Review of the statutory framework for legal services in Aotearoa New Zealand. This consultation is focused only on the Terms of Reference. There will be another consultation later this year as part of the review process.
The closing date to give feedback on the draft Terms of Reference is 20 May 2021.
The draft Terms of Reference outline the proposed terms for an independent review, commissioned by the New Zealand Law Society | Te Kāhui Ture o Aotearoa. The review will look at the framework for the regulation and representation of legal services in Aotearoa New Zealand. This will include the structure and functions of the Law Society. The Terms will determine what issues will be considered in the review. The draft Terms outline the proposed drivers for the review:
"– the constraints the current Lawyers and Conveyancers Act 2006 places on the Law Society’s ability to be transparent about its complaints process, and to deal with a broad range of unacceptable behaviour, including complaints of sexual harassment and bullying within the profession.
– the importance of ensuring the statutory framework, particularly those areas for which the Law Society is responsible, is fit for purpose now that the Act is over a decade old.
– the opportunity to look ahead at what is needed to ensure competition and innovation in the legal profession and strengthen the profession’s commitment to the bi-cultural foundations of Aotearoa New Zealand."
The Law Society website states:
"This is an ambitious review, with the potential to result in significant change to how legal services are regulated, including the conduct of lawyers, and how the profession is represented."
You can give feedback on the Terms through an anonymous online survey.
There will be further consultation as part of the review. A reviewer has not yet been appointed. For questions contact the Law Society at independentreview@lawsociety.org.nz.
Update: In September 2021, the New Zealand Law Society confirmed Final Terms of Reference for the Independent Review of the statutory framework for legal services in Aotearoa New Zealand. The Steering Group will now appoint a reviewer to conduct the review by the end of 2021.
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Submissions are open on the Lawyers and Conveyancers (Employed Lawyers Providing Free Legal Services) Amendment Bill. The bill proposes to amend the Lawyers and Conveyancers Act 2006 to allow a lawyer who is an employee to do free legal work other than for the lawyer’s employer. Currently, an employed lawyer may in some circumstances be guilty of misconduct if they do legal work outside of their employment. The Lawyers and Conveyancers (Employed Lawyers Providing Free Legal Services) Amendment Bill is a member's bill. The closing date for submissions is 7 May 2021.
In early April 2021 the NZ Law Society announced new rules to govern lawyer's behaviour will come into effect on 1 July 2021. The rules have an emphasis on tackling bullying and harassment following the 2018 report of the Law Society working group. The Law Society said: "The amended Rules include clearer definitions of bullying, discrimination, harassment, including racial and sexual harassment, and other unacceptable conduct. There are new reporting requirements for notifying this conduct to the Law Society to ensure that there is an appropriate regulatory response."
In the NZ Law Society Weekly email (Issue 232) it was announced that a new process has been agreed with the Heads of Bench for lawyers to raise concerns about judges' conduct in court with the Law Society through an informal process. For more information see the Law Society information on Bullying and harassment in the legal profession and the judicial protocol.
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The consultation is inviting feedback on the Specialist Family Violence Organisation Standards and the Specialist Family Violence Entry to Expert Workforce Capability Framework.
The closing date to give feedback is 26 April 2021.
The Specialist Family Violence Organisation Standards (SOS) are designed for specialist family violence practitioners. The Standards state that:
"National organisational standards for specialist family violence NGOs will reduce harm from unsafe organisational practice. These standards will help define the organisational capabilities and practices of specialist family violence organisations that support safe, holistic and effective specialist practice" (page 20).
The Entry to Expert Framework (E2E) defines family violence workforce capabilities at different practice levels. The Framework focuses on workforce knowledge and skill. It outlines the capabilities that are required to work as a family violence specialist practitioner.
You can give feedback through an online survey. The JVBU is also available to organise face-to-face or online meetings. Contact the Workforce Organisational Capability Project on 027 214 4624 or JVWorkforce@Justice.govt.nz.
These tools were developed by the Progressive Design Group established by the Joint Venture and included representatives from the family violence and sexual violence workforce. The tools build on the Family Violence, Sexual Violence and Violence within Whānau Workforce Capability Framework launched in 2017. For more information see the Context Document from the JVBU.
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It is expected that the government will soon be consulting on a draft national strategy and action plan on family and sexual violence. That will be a separate consultation process.
Researchers at the University of Auckland have published findings about the prevalence of different types of intimate partner violence (IPV) in Aotearoa New Zealand. This is the first research to track changes in rates of abuse by New Zealand women’s partners over time using population surveys specifically designed to measure violence experience.
The studies, led by Associate Professor Janet Fanslow in the School of Population Health, compared data from face-to-face surveys of New Zealand women conducted in 2003 and 2019 relating to husbands, boyfriends and current and ex-partners. The research didn’t cover women in lesbian relationships because the surveys lacked enough data.
The research found that women reported increased lifetime experience of controlling behaviours and double the rates of economic abuse from a male partner. The lifetime rate of physical IPV has not changed and there has been a small reduction in lifetime sexual IPV.
The findings are summarised in two freely available journal articles published in the BMJ Open:
Key findings include:
- increased lifetime experience of two or more acts of controlling behaviours from 8.2% in 2003 to 13.4% in 2019
- increased lifetime prevalence of economic IPV from 4.5% in 2003 to 8.9% in 2019
- decreased experience of two or more acts of psychological IPV in the last 12 months from 8.4% in 2003 to 4.7% in 2019
- decreased experience of physical IPV in the past 12 months from 5.0% in 2003 to 2.4% in 2019
- no change in lifetime prevalence of physical IPV between 2003 and 2019 with almost 30% of ever-partnered women aged 18–64 reporting at least one experience of physical violence
- small decrease in lifetime sexual IPV from 16.9% in 2003 to 13.1% in 2019
The researchers note that economic abuse and controlling behaviours need to be considered separately from psychological abuse:
"The increase in reported prevalence of economic abuse and controlling behaviours shows that these experiences should be measured separately and not conflated under the umbrella of psychological abuse. This also has relevance from a policy and practice perspective, as it indicates that controlling behaviours and economic abuse need their own recognition and response."
According to lead researcher, Dr Janet Fanslow, "These two studies do show some positive changes over time. Examples include reductions in the physical violence or psychological abuse that women had experienced from an intimate partner in the previous 12 months.”
Dr Fanslow indicated that this may be the result of New Zealand’s maturing family violence response system. However, given that the proportion of women who reported ever experiencing intimate partner violence had not changed, more work is required to change the attitudes and behaviours of men who use violence.
Dr. Janet Fanslow called for action, saying:
"Increased rates of controlling behaviour and economic abuse, along with New Zealand’s high rates of physical and sexual violence, indicate we urgently need to invest in prevention efforts that address the underlying causes."
The research team included Janet Fanslow, Ladan Hashemi, Zarintaj Malihi, Pauline Gulliver and Tracey McIntosh.
The research was funded by the Ministry of Business, Innovation and Employment.
The researchers have previously published findings about lifetime experiences of sexual violence finding one in six New Zealand women experience sexual violence from an intimate partner during their lifetime. This rate has not changed since 1938. This research also found that rates of child sexual abuse and non-partner sexual assault seem to have declined slightly but are still high at 1 in 5 for child sexual abuse and 1 in 14 for non-partner sexual assault.
Find more information about family and sexual violence statistics and how to interpret them on our website.
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The Prevention of Family and Sexual Violence Briefing to the Incoming Minister (2021) noted that less than 1.9% of the government's expenditure on family violence and sexual violence in 2018/19 was for primary prevention.
The Ministry of Justice has published official statistics for the year ending December 2020. This includes a data summary and excel workbooks of Justice Statistics for the last 10 calendar years, including the following:
- Offences related to family violence – a subset of offences, but includes more detailed information about the offences (particularly for breach of protection order);
- Protection Order applications;
- Family Court applications – this includes substantive applications for the family violence and guardianship case types.
These statistics also include a new category of ‘Family violence programmes’ which includes non-violence programmes for people who have used violence, as well as safety programmes for adults and children, and the strengthening safety service for adults where there has been court intervention (a Protection Order or criminal proceedings).
The World Health Organization (WHO) published the report Global, regional and national prevalence estimates for intimate partner violence against women and global and regional prevalence estimates for non-partner sexual violence against women (2021). The researchers found that, between 15 and 49 years of age, one in three women globally will experience physical or sexual violence by an intimate partner. For women aged 15 years or over, one third had experienced sexual violence by a non-partner. The researchers conducted a systematic review of existing data from surveys and studies conducted between 2000 and 2018 on violence against women. The report includes regional findings that combine the results for Australia and New Zealand together.
Updated: A UN Multi-Country Study examined whether the links between economic abuse and food insecurity as a measure of poverty, and how this link is impacted by women’s education, women’s and men’s employment, women’s attitudes towards gender relations, and women’s depressive symptoms.
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The Combatting Modern Forms of Slavery: Plan of Action against Forced Labour, People Trafficking and Slavery 2020-25 is a high-level framework for the actions that government agencies will take over the next five years. It sets out the all-of-government approach to addressing these issues in the areas of prevention, protection and enforcement.
Under the scope of the plan, it says the initiatives will "...focus on people trafficking, slavery and slavery-like practices including forced labour, debt bondage and serfdom." It further states:
"We recognise that these forms of exploitation are often associated with other unlawful practices and criminal offences such as (but not limited to) breaches of employment standards, immigration fraud, physical and sexual assault including family violence, and money laundering. While not the focus of this Plan of Action, responding to those breaches and offences can assist in preventing or detecting serious exploitation.
Accordingly, we recognise the need for holistic action through a range of means and avenues, and the need to work in conjunction with other programmes across government. This includes progressing our Transnational Organised Crime Strategy and Action Plan, and work to address family violence and sexual violence."
The plan is focused on "...exploitation at the extreme end of the spectrum, while recognising that a comprehensive approach needs to address less extreme forms of exploitation which may escalate over time." Examples of extreme exploitation including trafficking in persons, coerced marriage, other forms of sexual exploitation, exploitation of the prostitution of others, slavery or practices similar to slavery and others. It outlines 28 high-level actions for government agencies.
The plan was finalised following public consultation in October 2020.
Responses to the action plan
Advocates have welcomed the plan but have called on government to take further urgent action. The Human Trafficking Research Coalition said the "...plan falls well short of what is needed." The Coalition welcomed the government's increased attention and commitment to further research and the committment to consider modern slavery legislation. However, the Coalition highlighted gaps in addressing the disproportionate risks to children and women, saying:
"The Coalition is also critical that the government’s plan mentions children only minimally, when we know that for every 10 trafficking victims detected globally, about five are adult women and two are girls."
The Coalition’s spokesperson, Selwyn Coles, said
“The government’s plan also currently focuses predominantly on labour trafficking and still does not adequately include other forms of modern slavery such as sexual exploitation.”
Coles also noted that the plan needed to consider gender as a contributing factor to vulnerability, with women and girls comprising over 71% of global trafficking victims. The Human Trafficking Research Coalition was founded in 2013 and brings together World Vision, Tearfund, Hagar, ECPAT Child Alert, and The Préscha Initiative to tackle modern slavery in New Zealand.
World Vision and Trade Aid also welcomed the report. However, along with 85 businesses and organisations, they are calling on the government to take urgent action to implement modern slavery legislation.
At the Centre for Research on Modern Slavery, Christina Stringer is leading research on the potential for modern slavery legislation in New Zealand.
The National Collective of Independent Women's Refuges has prevoiusly shared their submission on the draft action plan outlining 10 recommendations.
See further commentary and background in the media list below.
Recent UN commentary and research on gender and human trafficking
In November 2020, the UN Committee on the Elimination of Discrimination against Women issued the General recommendation No. 38 (2020) on trafficking in women and girls in the context of global migration. The Committee noted that the Convention on the Elimination of All Forms of Discrimination against Women sets out States' obligations to "...to take all appropriate measures, including legislation, to suppress all forms of trafficking in women and exploitation of prostitution of women." However the Committee noted that:
"Despite the plethora of existing legal and policy frameworks to combat trafficking at the national, regional and international levels, women and girls continue to comprise the majority of detected victims of trafficking across the world, and perpetrators enjoy widespread impunity."
The Recommendation further stated:
"2. In the view of the Committee, the situation persists due to a lack of appreciation of the gender dimensions of trafficking overall and, in particular, of the trafficking of women and girls who are exposed to various types of exploitation, including sexual exploitation. A gender analysis of the crime reveals that its root causes lie in sex-based discrimination, including the failure to address the prevailing economic and patriarchal structures and the adverse and gender-differentiated impact of the labour, migration and asylum regimes of States parties that create the situations of vulnerability leading to women and girls being trafficked."
In 2020, UN Women published a discussion paper making the connections between the human rights violations of sexual harassment and sexual exploitation and abuse, highlighting that organizations in the development and humanitarian sectors have tended to address these two forms of violence as separate and independent problems. The report calls for rethinking of approaches to these human rights violations including approaches that centre survivor voices and understand the common causes and dynamics of sexual harassment and sexual exploitation and abuse. An additional UN Women report examined the global trend of prosecuting women and girls for human trafficking-related crimes, when often they are the victims of human trafficking and sexual exploitation.
A recent report from the United Nations Office on Drugs and Crime has highlighted the worsening trend in human trafficking since the state of COVID-19.
Related news
The NZ Human Rights Commission published a new report, Drivers of migrant New Zealanders’ experiences of racism in March 2021. The report summarises research that involved interviews with settlement service providers and focus groups with Māori, Pākehā and tauiwi migrants (inclusive of former refugees). Race Relations Commissioner Meng Foon commented "The impacts of racism are traumatic, intergenerational, broad and affect all aspects of wellbeing. Racism leaves deep-rooted scars that often don’t heal."
Update: The Organization for Security and Co-operation in Europe published the research report Applying Gender-Sensitive Approaches in Combating Trafficking in Human Beings in May 2021.
Related media
Govt shuts down modern slavery group, Newsroom, 17.07.2024
Crises hindering victim identification: UNODC human trafficking report, UN News, 24.01.2023
Traffickers abusing online technology, UN crime prevention agency warns, UN News, 30.10.2021
Modern slavery: Time for NZ legislation, Newsroom, 21.09.2021
New Zealand not doing enough to stop trafficking, US report says, RNZ, 03.07.2021
Call for more laws to protect Pasifika from modern slavery, RNZ, 23.03.2021
Action plan to tackle modern forms of slavery released, Beehive media release, 16.03.2021
Government urged to move fast on modern slavery law, Newsroom, 09.03.2021
COVID-19 impact exposes millions to the risk of trafficking, UN agency says, UN News, 02.02.2021
Te Whāriki Takapou has launched their second Māori Medium sexuality education programme ‘Te Ira Tangata’ (Tau 9 & 10). The programme is delivered in te reo Māori and aligns with Te Aho Matua, Te Marautanga and the latest guidelines for Relationship and Sexuality Education in Aotearoa: A guide for teachers, leaders and boards of trustees (Ministry of Education, 2020). It covers topics including puberty, responsibility, body sovereignty, attraction and romance, and respectful relationships.
According to Te Whāriki Takapou:
“Te Ira Tangata (Tau 9 & 10) helps support our Māori students to stay immersed in te reo Māori whilst also learning about sexuality education. Those of you in Māori Medium Education already know how important it is for our Māori students to see their culture, to hear their language, to see their people, and to know their identity is reflected in their learning. For that reason, we gift this programme in the hope that it may provide support to those of you who are carrying the heavy load for the betterment of te reo Māori and our tamariki mokopuna.”
In a media release, Chair of Te Whāriki Takapou, Professor Mera Penehira, argued that the government was still not doing enough to resource and support teachers in Māori Medium schools to deliver healthy relationships and sexuality education:
“… next year is the start of the United Nations International Decade of Indigenous Languages, and it’s time the government delivered on Te Tiriti o Waitangi and the United Nations Declaration on the Rights of Indigenous Peoples. Māori health organisations like Te Whāriki Takapou work with Māori communities to produce programmes like Te Ira Tangata, but there’s no agreed strategy between the Ministry of Health and the Ministry of Education to support healthy relationships and sexuality education in Māori-medium schools. Penehira says it’s time Minister Davis, Associate Minister, Māori Education, worked with the Hon. Minister Hipkins, Minister of Education, to resource and support teachers in Māori-medium schools to teach Te Ira Tangata and similar mātauranga Māori-based programmes for the health and wellbeing of Māori students and the revitalisation of te reo Māori.”
This programme is free and available to download from Te Whāriki Takapou. It has been made with the support of the Ministry of Health.
For related research and resources see our previous news story about the launch of Te Ira Tangata (Tau 7&8).
Related News
E Tū Whānau have announced the winners of their 2020 song competition:
Open Category
First place: Jasmine Pene, Your Mind is the Garden
Second place: Andrew, Darrius and Malachi Strickland, Mauria te Pono
Rangatahi (16 years and under)
First place: Tiare and the Young Guns of Taipa, High on Life
Second place: Tyree Wall, Better
Third place: Teremoana Crawford, Can You Hear Me?
Related Media
Report celebrates 40 years of success for Maori-medium education, Beehive media release, 08.07.2021
Announcing the 2021 E Tū Whānau Rangatahi Film Award winners, Waatea News, 26.03.2021
Māori scholars top of the world - Waatea News, 12.03.2021
Conversion therapy ban petition: Takatāpui 'inherent to our culture', RNZ, 08.03.2021
The UN Committee recognised that the New Zealand government has made progress in addressing some of the recommendations from the 2018 CEDAW concluding observations report. However, the UN Committee's letter assessing the government's follow-up interim report found that the recommendation to establish a royal commission of inquiry into the family court "has not been implemented". The Committee also recommended further actions to address the safety and justice needs of women and children in the family court, particularly those who are victims of domestic violence.
The Committee's Follow-up Assessment Letter examined the New Zealand government's interim report on implementing four recommendations from the Concluding Observations on New Zealand's 8th CEDAW (Convention on the Elimination of All Forms of Discrimination against Women) report. This included the recommendation to establish a royal commission of inquiry into the family court:
"establish a royal commission of inquiry with an independent mandate to engage in wide-ranging evaluation of the drawbacks for women, the obstruction of justice for women and the hindrances to their safety inherent in the family court system and to recommend the legislative and structural changes necessary to make the family courts safe and just for women and children, in particular in situations of domestic violence” (CEDAW/C/NZL/CO/8, paragraph 48).
In response to the government's interim report on this recommendation, the Committee "...considers that the recommendation has not been implemented." The Committee noted:
"However, the Committee regrets that the State party decided to appoint a Panel rather than to establish a royal commission of inquiry to adequately address the root causes of the systemic lack of trust and insensitivity towards women who are victims of domestic violence. Furthermore, the Committee is concerned that the issue of safety for women who come to family court for domestic violence was not included. The Committee considers that the State party did not take sufficient steps to implement the recommendation.
The Committee notes that the information provided by the State party is incomplete and fails to respond fully to the recommendation. It thus considers that the quality of the information provided is unsatisfactory."
The Committee made an additional recommendation asking the government to provide information in the next periodic report on actions taken to:
"1. Take appropriate action to address the root causes of the drawbacks for women, the obstruction of justice for women and the hindrances to their safety inherent in the family court system.
2. Operate the legislative and structural changes necessary to make the family courts safe and just for women and children, in particular in situations of domestic violence."
The next periodic report is due in July 2022.
Commenting in a media article about the report, Women’s Refuge Principal Policy Advisor Dr Natalie Thorburn said that violence in Family Court is obscured or invisible “That's not because the court doesn't want to do right by people, but because they don't necessarily know how to.” She went on to say “Family violence is a specialist issue; it needs a specialist response.” See the media below for further commentary from advocates.
Update: Media outlet Stuff reported that Justice Minister Kris Faafoi said the government will not consider a Royal Commission and that progressing the recommendations from the Independent Panel examining the 2014 family justice reforms would address concerns from the UN Committee's recommendation.
Background
The New Zealand government is required to report to the UN Committee on the Elimination of Discrimination Against Women every four years on New Zealand's progress implementing the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). The last reporting cycle was completed in 2018.
At the end of the 2018 process, the UN Committee published the Concluding Observations on New Zealand's 8th CEDAW report. The report included a request for the NZ government to provide an interim report, within two years, addressing the steps taken to implement several of the recommendations from the Concluding Observations report (CEDAW/C/NZL/CO/8, see paragraph 55), instead of waiting the usual four years.
The Government published follow up information to CEDAW responding to this request in August 2020. Non-government organisations also submitted interim reports, known as shadow or alternate reports. See our previous news stories for further information.
Related media
Woman vindicated after High Court rules Family Court judge acted unfairly, RNZ, 06.12.2023
Family Court Judge in 'Mrs P' hearing acted unfairly - High Court, Stuff, 06.12.2023
No performance reviews and 20% pay hikes for some judges, RNZ, 23.09.2021
Complaining about a Family Court judge isn't safe - advocate, RNZ, 23.09.2021
Judges, bullying and a 'broken' complaints system, RNZ, 23.09.2021
Feeling belittled and marginalised in the Family Court, Newsroom, 30.08.2021
Judges avoid censure in complaints system, Newsroom 28.04.2021
Family Court failings, Gisborne Herald, 28.04.2021
Calls for compensation, training, specialist response, Gisborne Herald, 28.04.2021
'She was failed': Experts call for investigation into case of 'Mrs P', Stuff, 22.04.2021
Mrs P shouldn't be made a victim again, Stuff, 20.04.2021
No compensation for abuse victim's wrongful conviction - minister, Stuff, 16.04.2021
Family violence court cases: How a vital ingredient is missing, Stuff, 16.04.2021
Abused wife condemned by judge, then wrongly convicted of perjury, Newsroom, 15.04.2021
He had a QC, she couldn't afford a lawyer. Is that justice?, Stuff, 22.03.2021
They can't win: How an old idea about women puts them in danger, Stuff, 20.03.2021
Jackie Clark and Moeroa Marsters: Surviving domestic abuse, RNZ, 13.03.2021
United Nations gives New Zealand a 'fail' grade in Family Court review, Stuff, 11.03.2021
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