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Whaikaha - Ministry of Disabled People launched
Minister for Social Development and Employment Carmel Sepuloni and Minister for Disability Issues Poto Williams announced the new ministry, including two of the new ministry’s official names: Whaikaha - Ministry of Disabled People. The New Zealand Sign Language (NZSL) name will be added in the future. The new Ministry will be the first government department to have a name with all three languages.
The Ministry will lead and coordinate disability policy across government, including improving outcomes for disabled people in areas such as employment, education, health and wellbeing.
The Government set up Whaikaha - Ministry of Disabled People to:
- "lead a true partnership between the disability community, Māori and Government, and
- help transform the disability system in line with the Enabling Good Lives (EGL) approach."
The Ministry of Social Development provides additional information about creating the new ministry noting:
"The new Ministry will take on most functions currently delivered by the Disability Directorate (DSD) in the Ministry of Health (MoH), as well as taking on new responsibilities.
The ambition for the new Ministry is aspirational. To truly transform the way government serves disabled people, tāngata whaikaha Māori, families and whānau, the Government decided to look beyond disability supports to examine and strengthen the cross-government disability system.
The new Ministry will have a range of functions that will expand in the future as Disability System Transformation progresses.
All government agencies will continue to have responsibility to disabled people, for example the health system continues to have responsibility for the health outcomes of disabled people."
The Chief Executive of Whaikaha - Ministry of Disabled People (appointed by Te Kawa Mataaho Public Service Commission) will have responsibility over 3 business groups or units:
- Policy, strategy and partnerships
- Performance and governance
- Operational design and delivery.
For more information about these 3 groups, see the new website for Whaikaha - Ministry of Disabled People.
Te Kawa Mataaho Public Service Commission announced there is a delay in finalising the permanent appointment to the new Ministry's Chief Executive role due to the personal circumstances of the preferred candidate, who is a disabled person. Geraldine Woods has been appointed to the position of Acting Chief Executive, Ministry of Disabled People. She is currently Co-Chair of the Ministry for Disabled People Establishment Governance Group.
In launching the new Ministry, Minister Williams said:
“In the spirit of ‘Nothing About Us, Without Us’, the new Ministry will start the ball rolling with ensuring the Ministry’s culture and values are mana-enhancing, the governance and partnership arrangements are meaningful, and the mechanisms that will give effect to disabled peoples voices are enduring."
Establishment Governance Group Co-chair Gerri Pomeroy said:
“The new Ministry presents a unique opportunity, because its role is to both listen to and empower the voices of all disabled people in disability policy across government – and to deliver services.
“This means that as well as transforming the disability support system, the Ministry has mandate to effect change for disabled people in areas such as education, employment and wellbeing."
The Office for Disability Issues will move from the Ministry of Social Development to the new Whaikaha - Ministry of Disabled People.
The new ministry is part of the Government's work programme on Disability System Transformation. To get involved with this work, see the Whaikaha - Ministry of Disabled People website or AmplifyU.
See responses from advocates to the new ministry in the related media below.
Related news
The Ministry of Justice has published results from the 4th cycle of the New Zealand Crime and Victims Survey (NZCVS). The survey found that disabled adults have an increased risk of sexual assault or intimate partner violence in their lifetime, especially when controlling for age. Disability Rights Commissioner Paula Tesoriero has called for action saying:
"We need a twin track approach that ensures all services understand and respond to violence experienced by disabled people, as well as a bespoke solution as set out in Te Aorerekura: National Strategy to Eliminate Family Violence and Sexual Violence. It is important future funding is geared towards disabled people.”
She also said:
“These statistics demonstrate the critical need for dedicated prevention and support strategies designed with disabled people and the importance of the community-led approach. We will continue to work with the community and the Joint Venture on Family Violence and Sexual Violence to advance this work.”
The 7th report from the Family Violence Death Review Committee considered themes related to family violence in the context of a disability within the family. The report identifies where systems, including service providers such as lawyers and healthcare providers, could improve their understanding, awareness and response to the risks for disabled people. Representatives from the disability community shared reflections about the 7th report in video recording (a copy of the video transcript is available).
The Royal Commission has opened a public hearing in Auckland focusing on state institutions which provided care for disabled, deaf and people who suffered mental distress between 1950 and 1999. The Inquiry into Abuse in Care says abuse in state care of disabled, deaf and people who suffered mental distress was overt and systemic. The hearing will examine the use of control and restraint in disability and mental health care. It will also look at the adequacy and availability of complaints procedures and impacts of long-term institutionalisation on survivors and their whānau.
Oranga Tamariki has commissioned a literature review focused on identifying good practice for disabled tamariki and rangatahi in out-of-home care (OOHC). Drawing on information from Aotearoa and overseas, the literature review centres Te Ao Māori, rights based, and social models of disability and responds to the Oranga Tamariki goals of improving outcomes for disabled tamariki who may require a care and protection placement. This includes developing new pathways and standards for placements and better supporting whānau to remain caring for their tamariki and rangatahi.
Te Puna Aonui (formerly the Joint Venture) noted in their April 2022 e-update that they are currently engaging with communities, including the disability community, to inform how they will develop enduring relationships with key groups in the family violence and sexual violence system. You can share your ideas by emailing Te Puna Aonui at familyviolenceandsexualviolence@justice.govt.nz.
Related media
One year on, fears legislation will limit Disability Ministry, One News, 02.07.2023
Further moves to improve the lives of disabled people, Beehive media release, 02.08.2022
New Ministry for Disabled has work cut out, Tagata Pasifika, 09.07.2022
Cultural competency needed in disabled ministry, Waatea News, 06.07.2022
Disabled ministry ready for action, Waatea News, 05.07.2022
Welcome Whaikaha: New disability ministry launches amid scepticism and hope, The Spinoff, 04.07.2022
Welcome, Whaikaha - Ministry of Disabled People. Still, challenges remain, RNZ, 04.07.2022
Ministry of Disabled People a chance to finally prioritise disability rights, Stuff, 02.07.2022
‘Urgent action’ needed to prevent violence against disabled people, Stuff, 01.07.2022
Ministry of Disabled People launches today, RNZ, 01.07.2022
New Ministry of Disabled People 'decades' in the making, PMN News, 01.07.2022
Enabling Good Lives disability support rollout costs unclear - minister, RNZ, 29.06.2022
Budget 2022: Government to 'transform' disability support with $943m injection, Stuff, 19.05.2022

The group will advise the Government directly on best-practice solutions and approaches for working with, and for Māori whānau.
In announcing the group, the Minister for the Prevention of Family and Sexual Violence, Marama Davidson commented:
"As we were developing Te Aorerekura, tangata whenua made it clear that Māori needed an enduring, authentic and direct relationship with the Minister for the Prevention of Family and Sexual Violence and a way to offer clear and unfiltered advice.
We have listened and the new advisory group will build on the progress we are making to establish an effective and trusted mana ki te mana Māori-Crown relationship in this space.
The willingness of the appointees to take on this huge kaupapa is further evidence of our shared vision and purpose to eliminate violence in our whānau and communities,"
The Tangata Whenua Ministerial Advisory Group members are:
- Dr Maria Baker
- Dr Moana Eruera
- Kim Eriksen-Downs
- Lorraine Hawke
- Denise Messiter
- Katie Murray
- Amokura Panoho
- Whaea Hera Pierce
- Poata Watene
- Professor Denise Wilson
- Tā Mark Solomon
The advisory group will meet for the first time in July.
See the Tangata Whenua Ministerial Advisory Group for more information.
Other updates from the Joint Venture and ministerial agencies
Joint Venture adopts new name - Te Puna Aonui
The government's Joint Venture Business Unit (JVBU) has adopted a new name, Te Puna Aonui. The Ministry of Justice provides background about the new name:
"The name was gifted to government by tangata whenua and draws on wānanga, including kōrero about light and māramatanga; a place of calm such as an oasis; a place of learning and reflection; and a repository of knowledge.
The new name also recognises the star, Aonui, which represents a path of enlightenment creating markers on the journey from te kore (darkness) ki te ao marama (into the light)."
There is also a new website www.tepunaaonui.govt.nz which replaces violencefree.govt.nz.
First Annual Hui for Te Aorerekura
The July 2022 Te Puna Aonui e-update included details about the first Annual Hui for Te Aorerekura. The Hui will take place online from 27-28 July 2022. To register your interest email contact@tepunaaonui.govt.nz.
New app for victim survivors
The Ministry of Social Development (MSD) partnered with Te Rourou - Vodafone Foundation Group to launch the Bright Sky App in Aotearoa New Zealand. The Bright Sky app provides support and information for people concerned about family violence, or worried about the safety of themselves, or someone they care about. The app was first launched in the UK by the Vodafone Foundation Group in collaboration with a range of family and sexual violence service providers. It is now available in 11 countries including New Zealand.
Results from New Zealand Crime and Victims Survey
The Ministry of Justice has published findings from the 4th cycle of the New Zealand Crime and Victims Survey. The results include findings related to family violence and sexual violence. See the full list of New Zealand Crime and Victims Survey reports and resources.
More information
To subscribe to the Te Puna Aonui e-update mailing list email familyandsexualviolence@justice.govt.nz or view past updates on the Te Puna Aonui website.
The June 2022 Family Violence and Sexual Violence Service Provider update from MSD had a number of updates including E Tū Whānau Ann Dysart Kahukura Award, Child Advocates Pilot Site Visit and Family Harm Support Fund Relaunched. To subscribe to the updates email community_information@msd.govt.nz or see past updates.
Related news
UN Report on violence against Indigenous women and girls
Reem Alsalem, the UN Special Rapporteur on violence against women, its causes and consequences, has released a report on Violence against indigenous women and girls (2022). The report presents an overview of the main causes and consequences of gender-based violence against indigenous women and girls. It also highlights good practices and challenges to access to justice and support services. The report includes 23 conclusions and recommendations for States. These include:
"83. All stakeholders must, rather than continuously perceiving and portraying indigenous women and girls as primarily victims or vulnerable groups, recognize them for being resilient, survivors, change makers and important leaders in the movement and struggle for the rights of indigenous peoples."
And the following:
"91. States should ensure that indigenous women of all ages and stages of the life cycle, including older women, are included in prevention and response policies related to gender-based violence. Indigenous women exercise a role as knowledge keepers, counsellors, healers, community leaders and decision makers, which should be appropriately acknowledged and supported by States, through, for example, the provision of funding and their effective inclusion in and consultation on all processes that affect them."
In announcing the report, the UN Rapporteur said:
“This violence is rooted in historic and unequal patriarchal power structures, racism, exclusion, and marginalisation enabled by a legacy of colonialism."
And she also said:
“The level of impunity that perpetrators, both State and non-State actors, enjoy is alarming, and the scale and seriousness of violence experienced by indigenous women and girls are inadequately reflected in data collection, legislation, or public policies.”
For related information see this list of UN publications on Indigenous Women.
Auditor-General annual plan includes sexual violence and family violence
The Annual plan 2022/23 for the Controller and Auditor-General | Tumuaki o te Mana Arotake includes sexual violence and family violence. For 2022/23 the Office of the Auditor-General (OAG) plans
"...to complete an audit that focuses on how well government agencies are working together, with non-governmental organisations, and with others to understand the needs of those affected by family violence and sexual violence.
This work will include how well agencies are working with organisations to understand the needs of Māori communities and other population groups (for example, Pasifika, disabled people, and migrant communities) that can find accessing family violence and sexual violence services difficult." (see page 12 of the Annual plan)
This work is part of a multi-year programme of work to examine what public organisations are doing to reduce family violence and sexual violence. As part of this Annual plan, the OAG will also look at sexual harm in the workplace, specifically the New Zealand Defence Force’s progress on eliminating sexual harassment and bullying in the armed forces as part of Operation Respect. The OAG previously completed an audit of how well the joint venture on family and sexual violence had been set up.
Related Media
Te Aorerekura aiming for high-trust funding model, RNZ, 27.07.2022
Stand back, Māori coming through, Waatea News, 22.07.2022
Māori advisors steer violence strategy, Waatea News, 05.07.2022
Tangata Whenua Advisory group to combat family & sexual violence, RNZ, 02.07.2022
New advisory group provides enduring Māori expertise for Te Aorerekura delivery, Beehive, 30.06.2022
The Independent Review Panel examining how lawyers and legal services should be regulated in Aotearoa New Zealand is asking for feedback on a discussion document.
The closing date to give feedback is 12 August 2022. The Independent Review Panel is also holding meetings in July 2022.
The New Zealand Law Society | Te Kāhui Ture o Aotearoa commissioned an Independent Review of the statutory framework for legal services in Aotearoa New Zealand. The Law Society appointed an Independent Review Panel to carry out the review. Professor Ron Paterson is the Chair and Jane Meares and Professor Jacinta Ruru are Members of the Independent Review Panel.
The panel is reviewing the regulation and representation of legal services in Aotearoa New Zealand, including the structure and functions of the Law Society. According to the Independent Review Panel website, the review has been launched based on two drivers:
"The ability of the Law Society to be more effective with its complaints system and to deal with a range of unacceptable behaviour, including complaints of sexual harassment and bullying.
To ensure the statutory framework is still fit-for-purpose given the changes that have occurred in the legal profession and in regulatory good practice since the Lawyers and Conveyancers Act 2006 (the Act) came into force."
For more information about the scope of the review see the Panel's Terms of Reference.
The Panel is now asking for feedback from lawyers and the general public on a discussion document. The discussion document looks at:
- "Is it appropriate for the New Zealand Law Society | Te Kāhui Ture o Aotearoa to exercise both regulatory and representative functions or should there be a new independent regulator?
- How should Te Tiriti o Waitangi be incorporated into the Act?
- Which providers of legal services should be regulated?
- Should the Act be amended to allow non-lawyers to have an ownership interest in law firms and to permit multidisciplinary practices?
- Should law practices be directly regulated in addition to individual lawyers?
- How can a positive and diverse culture within the legal profession be promoted?
- Are CPD requirements fit for purpose?
- Is a new model needed for handling complaints about lawyers?"
You can give feedback through an online survey or by emailing your submission to secretariat@legalframeworkreview.org.nz.
The Panel is also hosting 3 webinars in July so you can hear directly from the Panel and ask questions. You need to register for the webinars.
Law Society President Jacque Lethbridge said:
“Feedback the Panel receives will help guide decision-making on the future of the legal profession and the Law Society itself to ensure that its structures, processes, powers and obligations are those that best serve Aotearoa New Zealand."
And she also said:
"It is a once-in-a-generation opportunity to make a meaningful and substantive change to the legal profession in Aotearoa New Zealand which is fundamental to upholding the rule of law in our society.”
To say up to date on the work of the Independent Review Panel, subscribe to their updates by emailing secretariat@legalframeworkreview.org.nz.
Update: The Law Society released the Independent Review Panel’s report in March 2023. The report recommends legislative and structural change, the establishment of a new independent regulator and an overhaul of the system for handling complaints about lawyers. The Law Society Board is currently reviewing the report and will be making recommendations to the Minister for Justice by the end of July.
Related news
The International Bar Association (IBA) has released two reports looking at efforts to address bullying, sexual harassment and discrimination in the legal profession: Beyond Us Too? Regulatory Responses to Bullying and Sexual Harassment in the Legal Profession and A Global Directory of Anti-Discrimination Rules Within the Legal Profession: Main Findings.
Related media
Matariki
Matariki is the Māori name for the cluster of stars that rises in midwinter and signals the start of the Māori new year. Starting in 2022, a public holiday will mark Matariki in June or July each year. This year, the public holiday is on 24 June 2022.
Iwi across Aotearoa understand and celebrate Matariki in different ways and at different times. Paul Meredith writes for Te Ara (the Encyclopedia of New Zealand):
"Traditionally, Matariki was a time to acknowledge the dead and to release their spirits to become stars. It was also a time to reflect, to be thankful to the gods for the harvest, to feast and to share the bounty of the harvest with family and friends."
The official website for the Matariki public holiday from Te Arawhiti - The Office for Crown Māori Relations has information about Matariki as a time for remembrance, celebrating the present and looking to the future: www.matariki.net.nz. The website also has resources and lists events around Aotearoa.
Professor Rangi Mātāmua (Tūhoe) is a Māori scholar who has spent over 20 years researching Matariki and Māori astronomy. Learn more from his website Living by the stars and his book Matariki Te Whetū Tapu o te Tau (in te reo Māori) | Matariki The Star of the Year (in English).
Te Tāhuhu o te Mātauranga | The Ministry of Education, in collaboration with Dr Rangi Mātāmua and the Matariki Advisory Group, has created resources to help bring Mātauranga Māori to life through Matariki. The online resources are available on the education portal Kauwhata Reo.
To learn more see these articles from E-Tangata:
- Finding my taha Māori through Matariki by Olive Karena-Lockyer
- How Matariki will connect us all by Rangi Mātāmua
- Rangi Matamua: Matariki and Māori astronomy, an interview by Dale Husband
Kaupapa Māori approaches to wellbeing and healing
Matariki encourages us to reflect on the past and look to the future and in doing so highlights the need for healing and a focus on strengthening wellbeing.
In announcing Te Aorerekura: National Strategy to Eliminate Family Violence and Sexual Violence, Minister for the Prevention of Family Violence Marama Davidson said “Te Aorerekura sets a collective ambition to create peaceful homes where children, families and whānau thrive; to enable safe communities where all people are respected, and support the wellbeing of our nation.” She went on to say that "Te Aorerekura sets us on an intergenerational journey towards wellbeing." Of the shifts outlined for change, Shift 1 | Hōkaitanga Tahi is Towards strength-based wellbeing and Shift 6 | Hōkaitanga Ono is Towards increased capacity for healing.
Professors Linda Tuhiwai Smith and Leonie Pihama are leading a research project called He Oranga Ngākau. Part of the He Waka Eke Noa group of projects examining Māori cultural frameworks for the treatment and prevention of family and sexual violence, the project is looking at ways to heal intergenerational pain and prevent whānau violence. Linda Tuhiwai Smith reflected on their work saying:
"In Aotearoa, we’ve been using something called the “trauma-informed care” model in our clinics and health organisations to try to deal with these soul wounds. Initially, Māori were quite excited about this approach, thinking: “Yes, this is for us.”
But, in reality, the model is a very contained and constrained one. It came to us from western clinical practice in the UK and the US — where they were using trauma-informed care as a way to treat a very individualised, very singular notion of what trauma is."
And she went on to say:
"What we know is that by relying on western clinical practice, we’ve failed to bring in the essential sense-making element of healing.
The time has come for a kaupapa Māori model, where we use healing to address our intergenerational and historical trauma, and our family and sexual violence.
This means more than just trying to describe our wounds, our hakihaki, our sores.
There’s so much research already that talks about all the issues that we have, and all our problems. And that research is overwhelmingly unhelpful. Because, within it, there’s no theory of transformation or redress.
What’s missing are the solutions. That is something that we address through a kaupapa Māori approach to trauma. Kaupapa Māori is for doing and living and taking action.
Māori practitioners have philosophies and practices for healing trauma. That’s where the strengths and solutions lie. Not way out there somewhere in the wonderland of research, but in our own worlds, and with our people who’ve been experts in these areas. They have the thinking that will give us solutions."
The research team has published the book Whāia Te Ara Ora: Understanding and Healing the Impact of Historical Trauma and Sexual Violence for Māori (2022). The book explores Māori views on historical and intergenerational trauma, the impact of sexual violence on Māori whānau, hapū and iwi, and how tikanga (cultural understandings and practices) can foster healing. There are also posters and resources that address Kaupapa Māori analysis of colonial risk factors, Kaupapa Māori Principles, and Kaupapa Māori Principles & Healing Trauma.
The team have also been sharing learnings from He Waka Eke Noa in a series of online webinars. Recordings from the webinars are available on the following topics:
- He Oranga Ngākau: Māori Understandings of Trauma Informed Care
- Ka mua, Ka muri: Looking to our past to move forward: Whakataukī as Inspiration and Guidance for Māori
- He Waka Eke Noa Kaupapa Māori Survey – A brief Overview of Results
- Te Wairuatanga o te Kuia i Tipu Ake i te Ngahere (The Spirituality of Kuia who grew up amongst the Trees)
- Through Reciprocity Gifts are Transformed
- Settler Colonialism as a Social Determinant of Indigenous Health
- Reflections on 'Nga Vaka o Kāinga Tapu - A Pacific Conceptual Framework to Address Family Violence in New Zealand'
Leonie Pihama, Ngaropi Cameron and Rihi Te Nana have previously written an NZFVC Issues Paper on Historical trauma and whānau violence (2019). Also see our Historical trauma and whānau violence webinar from Leonie Pihama.
Te Atawhai o Te Ao is hosting 2022 He Kokonga Ngākau Symposium - a symposium of Māori experiences of intergenerational trauma and recovery on 19 August 2022. The event is free and will be hosted online. The symposium is for community researchers, whānau, hapū, iwi, service providers, current Master’s and doctoral Māori students, those who have completed their studies, and others who are interested in Māori experiences of intergenerational trauma and healing.
The research institute Te Atawhai o Te Ao recently secured seven years of funding from the Health Research Council to support research to end intergenerational trauma. The funding builds on Te Atawhai o Te Ao's previous He Kokonga Whare: Māori Intergenerational Trauma and Healing Research Programme. The research published a number of reports and resources from this work including:
- He Korowai Aroha, He Pā Harakeke: Healing Intergenerational Trauma Through the Reclaiming of Customary Child-Rearing Practices (2021)
- He ara uru ora : traditional Māori understandings of trauma and wellbeing (2019).
Related media
First Matariki holiday marked across New Zealand and the world, Beehive Media release, 24.06.2022
Celebrating Matariki in a Māori way, Stuff, 23.06.2022
Matariki - more than just a public holiday, Te Ao Maori News, 21.06.2022
Celebrating Matariki around the world, RNZ, 19.06.2022
Understanding Mātauranga Māori, E-Tangata, 19.06.2022
Storytime strategies for managing tamariki emotions, Te Ao Māori News, 31.05.2022
New Matariki resources available for schools and kura, Beehive media release, 26.05.2022

Submissions open on bill to extend time to raise a personal grievance for sexual harassment
The Parliamentary Education and Workforce Committee is asking for submissions on the Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Bill. This Member's bill would extend the period of time available to raise a personal grievance involving allegations of sexual harassment from 90 days to 12 months. The purpose of the bill is to allow victims more time to decide whether to raise a grievance with their employer about allegations of sexual harassment.
The closing date to give feedback is 15 July 2022.
Update: The Employment Relations (Extended Time For Personal Grievance For Sexual Harassment) Amendment Bill received Royal Assent in June 2023. It extends the period to raise a personal grievance for sexual harassment from 90 days to 12 months.
Submissions open on Improving Arrangements for Surrogacy Bill
The Parliamentary Health Committee is asking for submissions on the Improving Arrangements for Surrogacy Bill. This Member's bill seeks to simplify surrogacy arrangements, ensure the completeness of birth certificate information, and provide a mechanism for enforcing surrogacy arrangements. According to the Health Committee media release: "At present, the intending parents of a child born through surrogacy do not have any automatic rights. At the time of birth, the child’s legal parents are the surrogate mother and partner, and a formal adoption process is required to complete the arrangement." It also stated that the proposed amendments include:
- "specifying when intending parents become the parents of a child born as a result of a surrogacy arrangement that is subject to a surrogacy order
- providing for the appointment of a Surrogacy Registrar, who would establish a register to enable women who are willing to become surrogates to be matched with intending parents
- enforcing the legal obligations of intending parents if they refused to take custody by making them liable for child support, even if they did not have custody of the child."
The closing date to give feedback is 20 July 2022.
Related news
The Law Commission completed a Review of Surrogacy law and submitted a final report (NZLC Report 146) in May 2022. The report makes 63 recommendations to establish a new framework for determining legal parenthood in surrogacy arrangements and otherwise improve surrogacy law and practice. For more information see the Executive Summary of the report and the Frequently Asked Questions about the review.
Consultation open on key elements of the self-identification process
In December 2021 the Births, Deaths, Marriages, and Relationship Registration Bill passed, making it easier for New Zealanders to change the sex or gender on their birth certificates. A self-identification process will be developed for transgender, non-binary, takatāpui and intersex people to amend the sex on their New Zealand birth certificate. Te Tari Taiwhenua | the Department of Internal Affairs (DIA) is now inviting public feedback on key elements of the proposed self-identification process. Suzanne Doig DIA General Manager Policy Group said “The self-identification process will be available from mid-2023 and will replace the Family Court process for amending sex on birth certificates. Your submission will help to ensure the process is inclusive, accessible and easy-to-use.”
Th self-identification process will not be available to people born overseas. DIA is also asking for public feedback on the issue of registering gender for people born overseas. Suzanne also said “Te Tari Taiwhenua [DIA] is working towards identifying an alternative process for people born overseas to register their gender. Before we develop solutions, we want to hear why a gender registration process is important, and how people born overseas would use evidence of a registered gender.”
For more information see the DIA consultation on recognising gender on birth certificates and exploring a gender registration process for people born overseas.
The closing date to give feedback is 25 July 2022.
Update: Te Tari Taiwhenua | Department of Internal Affairs launched the new self-identification process to change the registered sex on birth certificates in June 2023. To change the sex marker on a birth certificate, you must complete a statutory declaration and apply to Births, Deaths and Marriages. For more information, see the official NZ Government information on how to Change the registered sex on your birth certificate.
Related media
Perpetrators of sexual harassment are personally liable, The Post, 28.02.2024
'They think you’re committing fraud': Trans refugees in NZ need usable ID, Re: news, 22.06.2023
New Zealanders can now identify as non-binary on their birth certificate, Stuff, 15.06.2023
More Workplace Support Needed For Survivors Of Assault, Press Release: CTU, Scoop, 27.07.2022
Workplace sexual harassment bill 'doesn't go far enough,' critics say, Stuff, 27.07.2022
Workplace sexual harassers move jobs 'without warning or consequence', Stuff, 21.06.2022
Whistleblower law leaves media out of the loop, RNZ, 12.06.2022
Margaret Casey: surrogacy laws a ‘hot button issue’, RNZ, 04.06.2022
Surrogacy law expert on changes considered by government, RNZ, 27.05.2022
NZDF employees slam its handling of assault complaints, NZ Herald, 22.05.2022
The not-the-budget bills, RNZ, 19.05.2022
The hidden barrier holding metoo back - and the women who are challenging it, Stuff, 12.05.2022
Government bolsters protection for whistleblowers, Beehive Media Release, 10.05.2022
Survivors sceptical about FENZ workplace culture review, RNZ, 29.04.2022
World Elder Abuse Awareness Day
World Elder Abuse Awareness Day takes place every year on 15 June.
As part of World Elder Abuse Awareness Day Minister for Seniors Dr Ayesha Verrall announced 11 new elder abuse prevention projects funded through the Elder Abuse Prevention Fund totalling $250,000. This is in addition to the $6.3 million for new prevention initiatives for older people announced in Budget 2022. See the list of new projects at Te Kari Kaumātua | Officer for Seniors.
During the week 15 - 22 June, Age Concern New Zealand raises awareness of elder abuse. Statistics from Age Concern NZ services show that 84% of alleged abusers are family members, and 58% of the alleged abusers are adult children or grandchildren. This year, Age Concern's campaign is focused on "What to do when you suspect elder abuse? Trust your gut!" Chief Executive at Age Concern New Zealand Karen Billings-Jensen said "Talking to someone early on is a game-changer. If we all acted on the inkling we have, when something seems a bit off, older people’s lives and dignity would be saved."
For questions or help, contact the Elder Abuse Response service on 0800 32 668 65, text 5032 or email support@elderabuse.nz, or contact Age Concern at 0800 65 2 105 or contact your local Age Concern to see what services are available in your area. Activities and events from local Age Concerns are taking place for Elder Abuse Awareness week around New Zealand.
Kaumātua hauora | wellbeing research and resources
The Joint Venture published 10 analysis papers that summarised the feedback gathered from the community engagement process to develop Te Aorerekura, the National Strategy. The paper on the experiences of Older people and Kaumātua says:
"Primary prevention efforts should address ageism and societal attitudes and behaviours that put older people at risk by promoting empowerment and respect for older people.
Primary prevention should also focus on wellbeing, which encompasses protective factors including a liveable income, social connection, transport, stable housing, financial freedom and involvement in family and community.
There are opportunities to learn from strengths-based attitudes and behaviours towards older people that exist within some cultures in Aotearoa New Zealand. Perhaps, most importantly, people said government must listen to our older people and kaumātua as they have the answers.
Fostering intergenerational relationships between tamariki and kaumātua were considered key to prevention. Whānau-centred approaches are needed to shift thinking that elder abuse is an ‘older person issue’, to one that recognises that the abuse of older people affects family, whānau, and communities."
The following reports and articles explore kaumātua hauora:
- Hauora Kaumātua: a review essay on kaumātua wellbeing (April 2022) by Tia Dawes, Hilary Lapsley and Marama Muru-Lanning, published in Kōtuitui: New Zealand Journal of Social Sciences Online
- Kaumātuatanga: The Needs and Wellbeing of Older Māori (2018) by Dr Tanya Allport, Georgina Martin and Haze White from Wai Research, commissioned by Te Pou Matakana.
- Understanding Māori and Ageing - A Literature Review by Sarah Wood (June 2019) published in Te Kura Nui o Waipareira from Wai Research (see pages 28 - 41). Also see the full length report, Kaumātuatanga – Māori and Ageing in New Zealand: A Literature Review (2017) by Sarah Wood from Wai Research.
Research projects currently exploring ageing and hauora among kaumātua include:
Ko ngā kaumātua ō tātou taonga: Supporting kaumātua health in a changing world is a research project exploring mātauranga Māori in relation to hauora, health and wellbeing amongst Māori elders as voiced by kaumātua in the regions of Te Tai Tokerau and Waikato. The research builds on the initial project, Supporting kaumātua health in a changing world: A feasibility study in Te Tai Tokerau. See a summary about the short feasibility study in the Celebrating Ageing Well book (pages 60-63). For more detailed information see the article Ko ngā kaumātua ngā poupou o tō rātou ao: kaumātua and kuia, the pillars of our understanding (July 2021).
Kaumātua Mana Motuhake Pōi is a research project exploring the mana motuhake | identity-autonomy of kaumātua. For details about the research see the article Kaumātua Mana Motuhake Pōi: a study protocol for enhancing wellbeing, social connectedness and cultural identity for Māori elders (2020).
For previous research on kaumātua wellbeing see the Ngā Pae o te Māramatanga research projects Kaumātua Ngā Kuia: Taonga Aroha and Bring ‘Me’ Beyond Vulnerability - Elderly Care of Māori, by Māori.
Ngā Pae o te Māramatanga spoke with kaumātua about their experiences of the pandemic and wellbeing, highlighting stories "...of resilience, of connectivity, of whānau and hapū, of leadership, problem solving all tied up in the catch cry of 'Feed the Pā' ". See videos of the Kaumātua kōrero in Kaumātua Futures - Part One and Part Two.
Ngā Matauranga Taonga, is a project by Rauawaawa Kaumātua Charitable Trust that shares short videos of Kaumātua talking about their experiences of the pandemic, overcoming difficulties and keeping well.
The Healthy Pacific Grandparents Study is a community-based research project within the longitudinal Pacific Islands Families Study that set out to engage with the grandparent generation to identify, and initiate solutions to address, what matters to older Pacific people in relation to social participation and healthy ageing. For more information about the study see the article Healthy Pacific grandparents: a participatory action research project exploring ageing well among Pacific people in New Zealand (2017). Malia Hamani, CEO of TOA Pacific has previously talked about the work of TOA Pacific to address family violence and promote the rights, safety and wellbeing of Treasured Older Adults (TOA), Aiga Carers and Pacific families.
The Government’s strategy for positive ageing, Better Later Life – He Oranga Kaumātua 2019 to 2034, was launched in 2019. In September 2021, the Government released, the Action Plan | He Mahere Hohenga 2021 ki 2024, a 3-year action plan setting out the Government’s priorities and commitments to deliver the strategy. The Office for Seniors also commissioned research on Attitudes towards ageing.
For more information on Ageing see all resources available from the Office for Seniors.
For more research on ageing and wellbeing see the National Science Challenges Ageing Well research projects phase 1 and 2.
Research and reports about elder abuse
Recent Aotearoa New Zealand research includes the following articles:
- Creating opportunities to improve detection of older adult abuse: a national interRAI study (March 2022)
- Childhood maltreatment and the menopause transition in a cohort of midlife New Zealand women (March 2022). Also see the media release: Study Reveals Link Between Early Menopause and History of Sexual Abuse.
- Experiences of Elder Abuse in Pacific Island Communities of Aotearoa New Zealand: a Cultural Lens (November 2020) and the related articles E le sauaina tatou tagata matutua: Re-examining abuse through cultural lens of the fonofale model (2021) and Bula vakavanua and the spiritual disruption of elder abuse: A Fijian perspective (2020)
- Older adults abuse : analysis of a New Zealand national dataset (August 2020)
Australia-based Our Watch published Preventing intimate partner violence against older women (2022). It provides an overview of intimate partner violence among older women. The resource is designed for practitioners who work with older women in a range of settings. It includes critical reflections for individual practitioners and tips for organisations. The Australian National Elder Abuse Prevalence Study: final report (December 2021) summarised findings from the first prevalence study of elder abuse in Australia.
The article Multidisciplinary Team Works to Reduce Preventable Deaths of Older Adults (May 2022) from the US National Institute of Justice examines the challenges in identifying deaths related to elder abuse.
For more research on elder abuse and prevention use the quick topic search elder abuse in our online library.
International calls to action on ageing and elder abuse
UN human rights experts have called on countries to renew their commitment to end all forms of abuse and violence against older women, promote their human rights and act against pervasive sexist and ageist attitudes saying:
"Violence against older women remains an unspoken issue in many societies and a taboo grounded in deep-rooted sexist and ageist prejudices and stereotypes and discriminatory cultural and social norms. Power dynamics and inequalities leading to emotional, financial, material, physical and sexual violence are likely to exacerbate with older age.
The intersection between age and gender compounding and affecting risk factors, types of perpetrators, forms and impacts of violence, abuse and neglect remains insufficiently understood and researched. Studies show that perpetrators are most commonly a male intimate partner, a family member or a caregiver. Older women living in institutional settings, especially older women with disabilities and dementia, are at heightened risk of violence, abuse, and neglect, as they usually represent the majority of residents. Older women, especially widows, are also the targets of harmful traditional practices and customs, often linked to poverty and lack of legal protection. Humanitarian crises and armed conflicts and all forms of violence also disproportionately impacts on older women. Sexual violence against older women is prevalent but continues to be largely ignored due to erroneous assumptions that sexuality and sexual violence disappear with age."
The UN Independent Expert on the enjoyment of all human rights by older persons, Claudia Mahler, has previously examined the Human rights of older women: the intersection between ageing and gender (July 2021). In this report she highlighted considerations for the intersection of age and gender in intimate partner violence and sexual violence.
More recently, the UN advocacy brief and infographic, Older women: Inequality at the intersection of age and gender (March 2022), examined areas where ageism intersects with gender-based discrimination. UN Women also published the brief, Gender, age, and disability: Addressing the intersection (June 2022), examines the situation of older women with disabilities and provides recommendations for stakeholders to take action.
The World Health Organization has just published Tackling abuse of older people: five priorities for the United Nations decade of healthy ageing (2021–2030). The five priorities are:
- Combat ageism as it is a major reason why the abuse of older people receives so little attention.
- Generate more and better data to raise awareness of the problem.
- Develop and scale up cost-effective solutions to stop abuse of older people.
- Make an investment case focusing on how addressing the problem is money well spent.
- Raise funds as more resources are needed to tackle the problem.
For more information see the Report on ageism and age discrimination (A/HRC/48/53, August 2021) from the UN Independent Expert on the enjoyment of all human rights by older persons.
Related media
Te Piere Warahi: ‘73 with a PhD’, Waatea News, 09.05.2024
Care worker who groped elderly woman sentenced, Newstalk ZB, 28.04.2023
Funding boost for Waikato groups fighting elder abuse, Stuff, 24.06.2022
Diane Turner/ Office for Senior Citizens, Waatea News, 11.04.2022
Protection of older persons’ rights needed now ‘more than ever’: Bachelet, UN News, 11.04.2022
Family Violence Death Review Committee seventh report
A duty to care | Me manaaki te tangata, is the seventh report of the Family Violence Death Review Committee. The report focuses on a duty to care and "...explores factors that have pushed Aotearoa New Zealand away from caring for people who experience family violence, reinforcing messages that no one is there to help them." An Executive summary | Pūrongo tuawhitu: He kupu whakarāpopoto is also available.
The Committee uses the term duty to care “…to describe our relational obligations to each other as human beings.” The Committee draws on te ao Māori for relevant relational obligations, values and practices that underpin a duty to care including whakapapa, whanaungatanga, manaakitanga. This is different than the legal term duty of care, which involves a legal obligation to ensure safety and wellbeing of others.
The Committee’s approach to the report considers:
- Te Tiriti and responsiveness to Māori
- He Horowai, a cascading waterfall metaphor that illustrates Māori and pākehā and tauiwi experiences of entrapment
- An intergenerational, life-course analysis approach to in-depth reviews of family violence related deaths.
The seventh report draws on in-depth reviews between 2019 and 2021 and previous Committee reports, findings and recommendations to highlight where there has been a lack of progress to improve responsiveness for people affected by violence.
For these in-depth reviews, the Committee considered "...how living up to expectations on us all as carers is a way of disrupting the current family violence system and eliminating the burden of family violence and family violence deaths that family, whānau and hapori | communities carry."
The Committee examines the changes needed saying:
“...in a strong, cohesive family violence response and prevention system, all sectors of society understand the role they can play in preventing violence, preventing the escalation of violence and facilitating healing. This means institutions understand how they are upholding their duty of care for the individual and their family or whānau. They also support staff to understand the limits to service delivery and Crown and community services work together to find a way for each of them to contribute effectively in the space where their services overlap.”
For this report the Committee set out to understand:
- “how the system can consider individuals, families and whānau as fully human and worthy of accessing resources that allow them to lead a good and meaningful life
- what changes are needed so that we see it as a human right to have institutions that uphold a duty of care
- what change is required to tailor institutional responses to the individual."
The report draws extensively on the stories told to the Committee through whānau, friends and service providers, rather than detailed statistical analysis. In launching the report, Committee chair Dr Fiona Cram said "Māori community organisations are leading the way and their approach can show us how to form genuine, respectful relationships. To demonstrate, the report highlights the work of three kaupapa Māori organisations that are embedding a duty to care for their people, resulting in less risk of unseen victims and more opportunities for families and whānau to guide service delivery."
The report highlights the following themes:
- finding effective alternative care pathways when hapori | community services and government agencies work together
- the impact and ways that systems heighten risk for disabled people and their family and whānau
- family and whānau as experts in their own lives, particularly using this context to focus service delivery and the collecting, recording and use of family and whānau information
- the need for an ongoing duty of care, particularly considering an after-care system for family and whānau involved in a family violence death.
The Committee also highlights several themes that were identified from their first review of family violence in the context of a disability within the family. They identify where systems, including service providers such as lawyers and healthcare providers, could improve their understanding, awareness and response to the risks for disabled people (see pages 54 - 67).
The Committee does not make specific recommendations in this report, noting that “Currently, no government agency is required to implement our recommendations.” Instead the report calls on people and agencies to fulfil their service to the community and duty to care. To guide this change the report includes:
- a brief overview of how recent legislative changes to the public service system and related to Oranga Tamariki, and Te Aorerekura, the National Strategy, can support a collective approach, being family or whānau led and enabling a locally defined and empowered duty to care (see pages 85 - 93)
- a model that outlines the position of government throughout life transitions in a duty of care approach to highlight where improvements could be made in current services (see pages 94-95)
- calls for a move from a deficit model to an oranga model (see pages 95-96)
In concluding, the Committee provides reflective questions for government agencies seeking to work as good partners with hapori | community services, drawing on the 2017 Workforce Capability Framework.
These reflective questions are also included in the Seventh report companion document: Family violence deaths | Ngā mate tūkino ā-whānau.
In addition with this report, the Family Violence Death Review Committee has also shared a series of videos highlighting reflections on the report from the members of the Committee and from representatives from the disability community, the migrant community and tangata whenua. Transcripts from the videos are also available.
In announcing the report, Minister for the Prevention of Family Violence and Sexual Violence Marama Davidson said:
“The FVDRC report strengthens my resolve, and the collaborative approach from Government Ministers who have accountability in this space.
“The report affirms that we are building a strong foundation with Te Aorerekura, while making it clear where our actions need to be even more precise and intentional.
“It’s essential all government agencies, and community organisations can provide victim-survivors and perpetrators of violence with the safe and effective responses they need.”
Disability Rights Commissioner Paula Tesoriero welcomed the report saying it "...highlights the lack of accessible support for disabled people and their whānau as well as the risk of financial abuse when disabled people do not have control of their finances." She also said:
"It is vital that we learn from and implement the lessons built over the years of the FVDRC [Committee] work. Many of these are also reflected in the conclusions/recommendations in the reports we released in December 2021, such as recognising Mātauranga Māori, addressing ableism, ensuring workforce development to understand disabled people, and addressing determinants of health."
Related news
The United Nations Statistical Commission adopted a new global framework for measuring gender-related killings of women and girls, developed by the United Nations Office on Drugs and Crime (UNODC) and UN Women. The Statistical framework for measuring the gender-related killing of women and girls (also referred to as “femicide/feminicide”) (2022) provides a statistical definition of femicide and identifies the characteristics that define the gender-related motivation of killings, such as the relationship between offender and female victim (such as intimate partner or other family member). In announcing the adoption of the framework, the UNODC said:
"In 2020, some 47,000 women and girls were killed by their intimate partners or other family members worldwide, to speak only of femicides committed in the family. When the new framework is implemented, it will be possible to provide more comprehensive figures on gender-related killings of women and girls, as well as more information on the context of these crimes."
For global statistics on femicides, see the UNODC brief Killings of women and girls by their intimate partner or other family members Global estimates 2020 (November 2021).
The UN Special Rapporteur on violence against women, its causes and consequences has continued to call for global observatories on gender related killings of women through the Femicide Watch Initiative. A recording is available from a virtual event held in April 2022 to explore international experiences and best practices on the establishment of femicide watches.
Also see the article by Sandra Walklate and Kate Fitz-Gibbon, Re-imagining the measurement of femicide: From ‘thin’ counts to ‘thick’ counts (April 2022), which explores a more in-depth approach to defining femicide that accounts for all lives shortened as a result of living with men’s violence.
Also see this article on Multidisciplinary Team Works to Reduce Preventable Deaths of Older Adults from the US National Institute of Justice (May 2022), which discusses a US-based Elder Fatality Review Team that examines deaths related to elder abuse and neglect.
Related media
Trusting the whānau voice, Gisborne Herald, 26.06.2022
Government initiatives to reduce whānau violence stall, despite praise, Stuff, 10.06.2022
Disabled people dying, 'silenced' by support services – family violence report, Stuff, 09.06.2022
Māori services show up government failure, Waatea News, 09.06.2022
Dr Fiona Cram | Researcher and Evaluator [interview], Waatea News, 08.06.2022
Manako | Marama Davidson [interview in te reo Māori], Waatea News, 07.06.2022
Māori organisations lead the way in dealing with family violence - report, RNZ, 07.06.2022
Māori moves stem family violence tide, Waatea News, 07.06.2022
New family violence workforce capability frameworks
Two new frameworks have been launched:
- Specialist Family Violence Organisational Standards
- Entry to Expert Family Violence Capability Framework.
The frameworks set standards and essential knowledge to support workers and organisations to respond to family violence in safe and effective ways. They both include information to create a shared understanding of the dynamics of family violence in Aotearoa New Zealand. They aim to build understanding and to improve the capability of government and non-government organisations and workforces to respond to family violence.
The frameworks are designed for specialist family violence organisations and generalist organisations. A specialist family violence response comes from a highly skilled person with extensive training and experience working with family violence, and who is supported by an organisation with expert knowledge and practice embedded at all levels. Generalist organisations do not have a primary role in addressing family violence, but may have staff who interact with people who have been impacted by violence.
The frameworks have been designed using an indigeneity lens, considering Te Tiriti o Waitangi, te ao Māori, and whānau-centred thinking.
Organisations and workers can start using the frameworks now. Agencies and key stakeholders will be testing these frameworks to build understanding about the best ways to implement them. Government agencies will also be applying the frameworks, starting with Police, Ara Poutama Aoteroa – Corrections, and Justice.
Specialist Family Violence Organisational Standards
The Specialist Family Violence Organisational Standards are for all organisations who identify as specialist family violence organisations. They are also for generalist organisations with specialist family violence workers.
The Standards are designed to help organisations understand what is expected of them when providing services to people affected by family violence. The standards focus on the quality of the service, scope of practice, and organisational capability to deliver safe and effective services. They are designed for senior leaders, managers, executives and boards to:
- Reflect, evaluate, review, design and continually improve their organisational structures, systems, processes and practices in safe and effective ways.
- Promote safe, effective, trauma and violence informed, and victim-survivor and whānau-centred services.
Entry to Expert Family Violence Capability Framework
The Entry to Expert Family Violence Capability Framework is for specialist family violence and generalist organisations, workforces and practitioners. The Framework sets out the capabilities for people to provide safe and effective services at four different levels of expertise: essential, entry, enhanced and expert. The Framework sets a standard for the skills needed to provide services at each of these levels. It also creates a pathway for people to develop their skills.
The Framework can be used by everyone from frontline staff and volunteers, through to team leaders, managers, executives and board members. Page 43 of the Framework lists the different ways the Framework can be used by practitioners, managers, organisations, government funders, and professional bodies and learning institutes.
Background about the frameworks
The frameworks are part of implementing Shift 3 (Towards skilled, culturally competent and sustainable workforces) of Te Aorerekura – the National Strategy and Action Plan to Eliminate Family Violence and Sexual Violence. Budget 2022 includes funding for training workforces to build capability, including court-related workforces.
In launching the frameworks, Minister for the Prevention of Family Violence and Sexual Violence Marama Davidson said:
“The first time someone reaches out for help may be the only time they have the courage to do so, and they need to be met with a response every time that is safe, and that provides the validation and support needed to start the long-term healing. That’s why building the capability of our workforces is so important.
“The frameworks were developed collaboratively by people who work in the specialist sector including tangata whenua, and representatives of victim-survivors, diverse communities such as disabled people and LGBTQIA+, and government. Taking a whānau- and family-centred approach to prevention, restoration and healing is a key focus."
Te Ao Māori News reported on and shared a video from the launch of the frameworks featuring National Network of Family Violence Services chief executive Merran Lawler, who said:
"There is a lot of upskilling that needs to take place and that requires an investment and a commitment to investing in that upskilling. Ultimately, we'd like to see these documents not as 'nice to haves', but as mandatory requirements for anybody working in the family violence sector."
RNZ reported that Women's Refuge chief executive Dr Ang Jury said:
"We, in the specialist sector, have been talking for literally years if not decades about the need for a shared understanding of what this family violence thing is; what it looks like, what it smells like what it feels like.
"These frameworks provide that. There is going to be no excuse now for people who say, 'Well, I didn't know what was an appropriate response'. When [the minister says] people can use it, I would say I would go further than that and say they should use it."
And she also said that:
"I would really like to see this starting to feed its way into the legal system with our lawyers and judges and in our medical system, particularly primary health; doctors, nurses, those sorts of people."
The frameworks build on the Family Violence, Sexual Violence and Violence within Whānau: Workforce Capability Framework launched in 2017.
Related news
The Joint Venture has shared 10 analysis papers that reflect community experiences of family violence and sexual violence systems. These papers summarise the feedback gathered from the community engagement process to develop Te Aorerekura. They draw on some existing evidence about prevalence and different dynamics of violence for each group. The papers also identify some opportunities for improving ways to prevent, respond, and heal from violence. The 10 papers address the experiences of:
- Children and young people
- Disabled people
- Ethnic communities
- LGBTQIA+
- Older people and Kaumatua
- Pacific Peoples
- People impacted by violence
- People who use or have used violence
- Sexual violence and family violence sectors
- Tangata Whenua
Emma Powell has been appointed as the new Chief Executive of the Executive Board for the Elimination of Family Violence and Sexual Violence. In the announcement Andrew Kibblewhite, Deputy Chair of the Executive Board said "The Joint Venture is now legally an Interdepartmental Executive Board with responsibility to implement the National Strategy. The work is complex and requires an engaged, positive and outgoing executive leader who is committed to making a meaningful difference in the lives of New Zealanders. I am pleased Emma Powell is taking up this role." For more information see the Joint Venture website.
Toitū te Waiora is asking for feedback through a brief survey on workforce challenges and needs for community, health, education, and social services sectors in Aotearoa. Toitū te Waiora is one of six workforce development councils created as part of the review of vocational education. Toitū tē Waiora represent sectors including care services, youth services, disability services, mental health and addictions services, health services, public order safety, regulatory services, social services, and more. They work with industry and employers to understand the skills that are needed. This information is then passed to education and training providers, to create learning programmes to give people the skills to address future workforce needs. Learn more from their 1 minute video.
The survey runs until 12 June.
Related media
Tiriti central to family violence prevention, Waatea News, 27.05.2022
Consultation on access to civil justice
The Chief Justice and Secretary for Justice have convened a working group to invite feedback on a draft strategic framework called Wayfinding for Civil Justice. The focus of the framework is on improving access to civil justice in Aotearoa New Zealand.
The closing date to give written feedback for the consultation is 30 June 2022.
Civil justice is the system of law used to resolve private disputes. Private disputes include matters such as problems with contracts, disputes in business or about property, and legal arrangements in relation to family matters. Access to civil justice includes issues such as understanding the rights you have in relation to a dispute, the ways that you can take action to deal with a dispute, and finding and using a lawyer. It does not generally refer to justice in relation to outcomes from using civil law.
The consultation overview states that the framework aims to:
- "encourage a unified and coordinated approach to improving access to civil justice
- use the resources the sector has as strategically as possible
- provide clear signals to funders of access to justice mahi (government and non-government) about what work is ongoing, where the gaps are, and where co-ordination can be achieved."
The Wayfinding for Civil Justice consultation is only related to access to civil justice and to civil law.
In Aotearoa New Zealand there are two main streams of law: civil and criminal. The Ministry of Justice describes the difference as "Civil law covers disputes between individuals, companies and sometimes local or central government. It usually doesn't involve the Police." Civil cases can include:
- family proceedings such as care of children, division of shared property and separation proceedings
- protection orders and non-contact orders
- restraining orders for harassment (not from an intimate partner).
Criminal law usually involves the Police investigating a crime.
In situations of family violence and sexual violence, it is possible to have cases in both the civil and criminal justice systems. For example, a person might be involved in a civil case seeking a Protection Order at the same time as the Police are investigating a criminal case for assault.
For more information, see a brief overview from the Community Law Manual about criminal law and family violence or the Ministry of Justice overview of civil law and criminal law.
Update: Following this initial consultation, the working group has published a revised Wayfinding for Civil Justice. The working group welcomes further feedback on this revised document by email to wayfinding@justice.govt.nz. For more information see the consultation information webpage.
Consultation background
The consultation document for the Wayfinding for Civil Justice Strategy states that the goal of the framework is to "...guide the journey towards improved access to justice". It further states:
"There are limited funds available in Aotearoa New Zealand to address its access to justice problems. A national framework is about using what resources we do have as strategically as possible. It is also about providing clear signals to funders of access to justice mahi (government and non-government) about what work is ongoing, where the gaps are, and where co-ordination can be achieved."
It notes that the proposed framework is not a government strategy, stating "This mahi has the support of the government in the form of seed funding, communication support, and enthusiasm, but this is a stakeholder strategy being led by a representative working group."
The draft framework outlines principles to guide the work. It also outlines 7 goals divided into 4 focus areas:
"1. Community knowledge and understanding
1.1 Increase communities’ knowledge to support dispute prevention and early resolution.
1.2 Increase community access to legal information and self-help tools.
2. Legal assistance
2.1 Increase the availability of affordable legal services to help people solve their civil justice problems.
2.2 Increase legal service providers’ knowledge and understanding of communities and their needs.
3. Dispute resolution
3.1 Increase the availability of information about the range of dispute resolution mechanisms available in Aotearoa New Zealand.
3.2 Ensure equitable access to the courts.
4. System knowledge
4.1 Increase knowledge of how the system is currently operating and evaluate and monitor innovation and change."
The consultation asks 8 questions:
"Q1. How necessary do you think a national structure is to ensure the success of Wayfinding for Civil Justice?
Q2. If you consider a national structure is necessary, what form and scale do you think it should take?
Q3. If a national structure extended the work of an existing organisation or body, which organisation or body do you think would be most appropriate?
Q4. How should Te Tiriti o Waitangi be reflected in Wayfinding for Civil Justice? Do you agree with the approach suggested of embedding Te Tiriti o Waitangi into the foundation of Wayfinding for Civil Justice, rather than having it as a separate principle?
Q5. To what extent do you identify with the principles that we have stated to guide the approach to the goals? Do you think they are relevant to your work?
Q6. To what extent do you identify with the goals stated? What other goals do you think should be added?
Q7. Do you feel the current suggested actions in each goal provide your organisation with sufficient guidance?
Q8. Which suggested actions do you think will be particularly relevant to your work?"
You can give feedback on the questions through the online consultation form or by emailing wayfinding@justice.govt.nz.
Feedback is invited from people who work in organisations and in roles where they see the need to improve access to justice. The frequently asked questions (FAQ) for the consultation says that the audience for the consultation includes:
"-institutions and organisations that work in the area of civil justice (including the judiciary, legal professional organisations, government departments, and academics);
-community groups and people supporting those who see or experience barriers to accessing justice (including NGOs, Māori communities, Pacific communities, Asian communities, rural communities, disability communities);
-providers of advice, information, and advocacy, including lawyers and non-lawyer service providers (for example, advocates and McKenzie friends);
-individuals and organisations who are trying to disrupt and/or innovate civil justice;
-funders of work to improve access to justice.
While it is primarily aimed at individuals and organisations whose mahi is about (either directly or indirectly) improving access to justice, the experiences of those who have been directly affected by a struggle to access justice can also inform the shape of this document. We welcome submissions from people with direct experience of the justice system who would like to share their feedback on this draft Wayfinding strategy document."
The draft strategic framework Wayfinding for Civil Justice was developed by a Working Group. The Working Group is chaired by Dr Bridgette Toy-Cronin and also includes Raynor Asher QC, Wi Pere Mita, Gabrielle O’Brien, and Anne Waapu. The Chief Justice Helen Winkelmann and Secretary for Justice Andrew Kibblewhite convened a workshop in March 2020 to discuss how to improve access to civil justice in Aotearoa New Zealand. One outcome from the workshop was to setup this Working Group to guide the development of a national strategic framework to improve access to justice.
This consultation is separate from the Courts of NZ Rules Committee consultation on improving access to civil justice.
The Community Law Centres o Aotearoa submission to the separate consultation by the Rules Committee on improving access to civil justice highlights some issues related to family violence. The Auckland Coalition for the Safety of Women and Children also made a submission to the Rules Committee consultation. However the Rules Committee did not accept the Coalition’s submission because the Committee explained they lacked the capability and competency to address the matters raised by the Coalition.The Coalition's submission was then referred by the Committee to The Chief High Court Judge and the Principal Family Court Judge.
Related news
Budget 2022 includes funding for court and justice initiatives including increases for legal aid, the development of a justice sector-wide strategy for improving outcomes for victims of crime and a number of court initiatives.
In 2021 the NZ Law Society | Te Kāhui Ture o Aotearoa commissioned Colmar Brunton to survey lawyers about access to justice. Nearly 3000 lawyers responded to the survey. The report from the survey, Access to Justice Research 2021 (October 2021), identified significant concerns, with 52% of lawyers rating the legal system as poor or very poor at providing everyone in Aotearoa New Zealand access to justice and 50% of lawyers reporting they had to turn away clients. Tiana Epati, former President of the New Zealand Law Society, said "Vulnerable people who cannot afford lawyers and seek legal aid, are not getting it because the number of lawyers undertaking legal aid has diminished. Legal aid lawyers are unable to cope with demand, are too poorly paid to deal with the complex cases they have, so they quit the legal aid system.”
In March 2022, Chief Justice Helen Winkelmann released her inaugural Annual Report on judicial administration and how the justice system works in Aotearoa New Zealand. It has information on how the judiciary is organised, how the court system works, current challenges and work to improve court processes and to ensure the courts continued to operate during the pandemic. It also includes findings from the October 2021 Judicial diversity survey.
Media outlet NZ Herald has highlighted that Community Law Centres have struggled to fund successful pilots on family law and Kaupapa Māori services. For additional concerns for victim/survivors and their children in Family Court and Oranga Tamariki highlighted by media, see the related media below.
The New Zealand Law Society has commissioned an Independent Review of the statutory framework for legal services in Aotearoa New Zealand to examine the regulation and representation of legal services in Aotearoa New Zealand. The review includes looking at the structure and functions of the Law Society. The Law Society has appointed Professor Ron Paterson as Chair and Jane Meares and Professor Jacinta Ruru as Members of the Independent Review Panel. For more information see the Terms of Reference for the review.
Related media
Legal aid’s Budget boost isn’t enough, Newsroom, 13.06.2022
Family Court defends processes, protection orders, Newsroom, 01.06.2022
Letter from the Minister of Justice, NZ Law Society, 19.05.2022
Legal aid unfixable with money, Waatea News, 18.05.2022
Young Adult List court programme leading the way in justice system transformation, Stuff, 14.05.2022
How a broken system for protection orders fails victims of domestic violence, Newsroom, 10.05.2022
Kiwis deserve a fair deal in court, but civil justice is skewed. That must change, Stuff, 08.05.2022
NZ Law Society calls for urgent funding boost to legal aid system, Stuff, 06.05.2022
OT agrees to Family Court review, Newsroom, 26.04.2022
Family violence court needed nationwide, Waatea News, 16.03.2022
How to change a system that currently fails victim survivors of family violence, RNZ, 04.03.2022
A glimpse of the judicial system; First report into NZ's courts, NZ Herald, 04.03.2022
How the Family Court rewards abusive behaviour rather than recognising it, Newsroom, 02.03.2022
The Family Court’s shocking practice of arresting children, Newsroom, 23.02.2022
Access to justice a concern as backlog grows in district courts, One News, 18.02.2022
Mum abused by ex-husband in Family Court litigation denied police help, Stuff, 15.12.2021
Why can’t all courts be like this?, E-Tangata, 28.11.2021
Our broken legal aid system, RNZ, 18.11.2021
Legal aid crisis a threat to justice, Newsroom, 13.11.2021
Dames say their concerns ignored by top Family Court judge, RNZ, 12.11.2021
Legal aid gap filled by defendants, Waatea News, 12.11.2021
Legal aid: Thousands turned away by lawyers in 'collapsing' system, RNZ, 11.11.2021

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