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Netsafe is leading the development of the Aotearoa New Zealand Code of Practice for Online Safety and Harms.
The closing date to give feedback on the draft Code is 2 February 2022.
The Code is being designed for information and communication technology organisations who provide services to people in Aotearoa New Zealand. This includes digital platforms like Meta (Facebook, Instagram), Microsoft, Google (YouTube), Twitter, TikTok, and Twitch.
The purpose of the Code is to create a safer experience for people in New Zealand when using the internet and to reduce harmful content online. The Code sets out best practice principles and a self-regulatory framework.
It also would create processes for accountability and complaints including:
- Create an administrator role known as Te Rangapu Whakatutuki. This role would have powers to sanction Signatories if they fail to meet their commitments under the Code.
- Create a mechanism for complaints from the public.
- Outline requirements for regular review and changes of the Code.
- Set up processes for signatories to release reports on their efforts under the Code.
The draft Code identifies the following 'harmful content themes' that Signatories to the Code will focus on:
- "Child sexual exploitation and abuse
- Cyberbullying or harassment
- Hate speech
- Incitement of violence
- Violent or graphic content
- Misinformation
- Disinformation"
For each of these areas, outcomes and measures are identified in Section 4 of the draft Code.
Read the draft Aotearoa New Zealand Code of Practice for Online Safety and Harms or download a PDF of the draft Code.
Feedback can be sent to Netsafe by email to thecode@netsafe.org.nz. Note that all feedback will be published on the Netsafe website in 2022.
Consultations will be held after the public submission period closes.
For more information and comments from global tech companies, see the Netsafe media release on the draft code which states:
"As more digital platforms seek to address harmful content, this code provides a blueprint for best practice. While it is recognised that many of the platforms are already undertaking a great deal of work to address harmful content, disinformation and misinformation, this Code is intended to hold Signatories to account and to provide a framework for greater transparency and oversight of those efforts in New Zealand."
Update: In July 2022 Meta (Facebook and Instagram), Google (including YouTube), TikTok, Twitch and Twitter signed the Aotearoa New Zealand Code of Practice for Online Safety and Harms. NZTech will take over the establishment and administration of the Code. Advocates have raised concerns that there was not adequate community engagement and recommending a legislative solution rather than voluntary code.
More information on technology and abuse
Increasing research and reports have examined and documented the growing trend of gender based cyber violence including image based abuse, online harassment, stalking and other forms of digital abuse. See the following reports for information related to cyber violence in Aotearoa New Zealand:
Seeking justice and redress for victim-survivors of image-based sexual abuse, by Erika Rackley, Clare Mcglynn, Kelly Johnson, Nicola Henry, Nicola Gavey, Asher Flynn and Anastasia Powell, published in Feminist Legal Studies, May 2021
The face of technology-facilitated aggression in New Zealand: exploring adult aggressors' behaviors, by Edgar Pacheco and Neil Melhuish, published in The Emerald International Handbook of Technology Facilitated Violence and Abuse (pp. 103-124), Emerald Insight, 2021
New Zealand children’s experiences of online risks and their perceptions of harm: Evidence from Ngā taiohi matihiko o Aotearoa – New Zealand Kids Online, by Edgar Pacheco and Neil Melhuish, Netsafe, 2020
Image-based sexual abuse: an international study of victims and perpetrators. A summary report, by Anastasia Powell, Adrian J Scott, Asher Flynn and Nicola Henry, RMIT, 2020
New Zealand teens and digital harm: statistical insights into experiences, impact and response, Ministry for Women | Minitatanga mō ngā Wāhine, 2018
Digital domestic violence : are victims of intimate partner cyber harassment sufficiently protected by New Zealand's current legislation?, by Ruby King, published in Victoria University of Wellington Law Review, 2017, 48(1): 29-54
Insights into digital harm : the online lives of New Zealand girls and boys, Ministry for Women | Minitatanga mō ngā Wāhine, 2017
The United Nations Population Fund published the report Technology-facilitated Gender-based Violence: Making All Spaces Safe in December 2021 calling "...the international community, digital and feminist movements, private technology companies and national Governments to act in unison to end the rising scourge of technology-facilitated gender-based violence."
The Council of Europe Expert Group on Action against Violence against Women and Domestic Violence (GREVIO) adopted General Recommendation No.1 on the digital dimension of violence against women in October 2021. The Council of Europe also published Protecting women and girls from violence in the digital age - The relevance of the Istanbul Convention and the Budapest Convention on Cybercrime in addressing online and technology-facilitated violence against women in December 2021. The European Parliamentary Research Service previously published Combating Gender based Violence: Cyber Violence - European Value Added Assessment which provides background to cyber violence and outlines legal and non-legal policy options.
UN Women have previously highlighted emerging trends and impacts of online and technology facilitated violence against women and girls during the COVID-19 pandemic in their 2020 report, Online and ICT* facilitated violence against women and girls during COVID-19. In a statement accompanying a webinar about online violence against women, the Women's UN Report Network (November 2020) wrote:
"Online is the new front line for violence against women and girls, and it has increased exponentially during COVID-19 and the lockdowns. Online violence is an epicentre of risk, intersectional and intergenerational, and compounding multiple forms of violence against women and girls, including trafficking."
Find more research and information in our library under the quick topic search Technology and abuse.
Related media
Global tech companies meet first commitment under the NZ Code, NZ Tech, 20.12.2022
Govt harbours concerns over Netsafe’s online code, Newsroom, 18.08.2022
Mandy Henk | CEO of Tohatoha NZ wrote, Waatea News, 26.07.2022
'Tectonic shift': How Parliament protest supercharged NZ's misinfodemic, NZ Herald, 18.05.2022
Buffalo and us - New Zealand's significance in global white supremacy, Stuff, 16.05.2022
A ‘Lone-Wolf’ Shooter Has an Online Pack, The Atlantic, 16.05.2022
2 years in prison or $50K fine for ‘revenge porn’ offenders, One News, 03.03.2022
‘Emotionally disturbing’ - Revenge porn victim’s battle for justice, One News, 02.03.2022
NZ’s child abuse internet filter suffered outages, Newsroom, 23.12.2021
Child safety advocates call for pornography and sex education overhaul, NZ Herald, 22.12.2021
Bullying inquiry: Netsafe is not safe, say employees, Newsroom, 15.12.2021
Sharing intimate content without permission has 'serious consequences' - Netsafe, RNZ, 30.11.2021
Closing the digital divide requires ‘constant attention’, say education experts, RNZ, 20.09.2021
Hundreds charged under New Zealand's Harmful Digital Communications Act, NZ Herald, 09.07.2021
‘Revenge porn’ victims struggling for help from ACC, justice system, RNZ, 19.05.2021
Support services for people experiencing violence will still be available over the Christmas break. Contact details for support services are provided on our website.
The It's Not OK Campaign has information about how to help including danger signs and suggestions for what to say or do if you are concerned about someone.
Domestic violence service provider Shine is encouraging people to be prepared to respond to people experiencing violence:
"Being prepared requires an understanding of how coercive control and social inequity causes entrapment. So please, take time to learn more today. A good place to start is by reading some of the resources on Shine’s website, including this page about how to help someone you know."
The Joint Venture for Family Violence and Sexual Violence has shared these safety messages for the holidays in their 20 December 2021, E-Update:
- "When you see friends, whānau and family over Christmas, check in on their wellbeing. If you notice a change in their behaviour or you are worried about their safety, ask if they are OK. No-one should be hurt or feel fearful, threatened or harassed.
- If you or someone else is being hurt, controlled or is fearful, you can support them to get help.
- For family violence help contact: the family violence information line on 0800 456 450 or web chat for support and information about services near you. https://www.areyouok.org.nz/
- For sexual abuse help contact: Safe to Talk — the sexual violence helpline. Call 0800 044 334, text 4334 or email support@safetotalk.nz. https://www.safetotalk.nz
- If you or someone else is in danger call the Police on 111.
- Family violence and sexual violence, including child abuse can escalate during the holiday period. If you or someone else is in danger call the Police on 111.
- When you’re enjoying yourself this summer, remember - if they’re out of it, they’re not up for it. Make good decisions around alcohol, sex and consent and look after for your mates. If you or someone else is in danger call the Police on 111.
- Family violence and sexual violence crisis and support services are still open and want to help. It’s OK to ask for help at any time you don’t need to wait for a crisis. If you or someone else is in danger call the Police on 111.
- Are you worried that someone is being hurt or abused? You can do something. Let the person know that help is available and support them to contact one of options below.
- For family violence help contact: the family violence information line on 0800 456 450 or web chat for support and information about local services near you. https://www.areyouok.org.nz/
- For sexual abuse help contact: Safe to Talk — the sexual violence helpline. Call 0800 044 334, text 4334 or email support@safetotalk.nz. https://www.safetotalk.nz/
- People in COVID-19 isolation (whether MIQ or self-isolation) can still get help if they feel unsafe. No-one should be hurt or feel fearful, threatened or harassed. If you or someone else is in danger call the Police on 111."
The It's Not Ok Campaign has previously put out these holiday messages:
Finally, 2021 has been another challenging year. We hope that you are able to take some time out to be with your whānau, rest and rejuvenate over the holiday break.
We wish everyone a safe, happy and healthy break.
The formation of this rōpū was announced on the 7th of December 2021 at the launch of Te Aorerekura, the national strategy to eliminate family violence and sexual violence.
The overarching purpose of the Tangata Whenua Ministerial Advisory Group is to provide the Minister for the Prevention of Family Violence and Sexual Violence with independent advice on family violence and sexual violence. It is established as a Ministerial advisory group in line with this purpose.
Te Aorerekura is the vehicle that helps us to implement intergenerational focussed strategies. The Tangata Whenua Ministerial Advisory Group will play a key role in upholding the tikanga of Te Aorerekura by providing advice to ensure that the design, execution and sustainability of our national strategy embraces and reflects culturally appropriate ways of healing the people.
Criteria for nomination
The Minister publicly invites nominations to the Tangata Whenua Ministerial Advisory Group with a view to ensuring its membership reflects a broad range of Tangata Whenua voices. The composition of group membership will include specialist family violence and sexual violence sector leaders, te ao Māori tōhunga and other rangatira with relevant skills and experience, as well as survivors.
The Tangata Whenua Ministerial Advisory Group will:
- Align with the National Strategy, Te Aorerekura, by supporting the development and implementation of intergenerational focussed strategies.
- Provide advice to ensure that a te ao Māori lens is interwoven into the fabric of the National Strategy and action plans
- Have the skills and expertise to offer strategic advice on the design and implementation of government family violence and sexual violence policies and initiatives that impact on whānau, hapū, iwi and hāpori Māori.
- Be a representative voice for whānau, hapū, and hāpori.
- Leverage relationships with relevant kaupapa Māori networks and/or organisations and connect across sectors.
As individuals, members of the Tangata Whenua Ministerial Advisory Group will:
- Be of Māori descent.
- Be recognised as leaders with mana who are grounded in Te Ao Māori and in their knowledge and experience of Kaupapa Māori approaches to preventing and addressing the harm caused by family and whānau violence and mahi tukino/sexual violence.
- Be able to work collaboratively with key stakeholders across government and the wider family violence and sexual violence sectors in ways that are mana enhancing for everyone.
- Be able to advocate strategically for systems and policy changes that are to the benefit of all whānau, hapū, iwi and hāpori across Aotearoa.
Nominations
Each nominee requires two people, groups and/or organisations to nominate them to be eligible for selection as a potential appointee. Each person, group and/or organisation shall complete their own nomination form.
For more information about the Tangata Whenua Ministerial Advisory Group including the Terms of Reference and the nomination form, visit the violencefree website.
If you wish to nominate a person for the pool of potential appointees to the Tangata Whenua Ministerial Advisory Group, please complete the nomination form and email to kaitiakiroopuu@nnsvs.org.nz.
Please advise the person you are nominating that you have nominated them. Nominees will be contacted as soon as practicable following the close date.
The call for nominations closes at 5pm, 28th of February 2022.
Please contact kaitiakiroopuu@nnsvs.org.nz if you have any questions about the nomination process.
The Cabinet Paper Sustaining a collaborative approach to support the whole-of-government response to eliminate family violence and sexual violence establishes the Tāngata Whenua Rōpū to advise the Minister for the Prevention of Family and Sexual Violence on achieving improved outcomes for Māori. It also establishes the Joint Venture for Family Violence and Sexual Violence as an interdepartmental executive board.
The RFP 25240272, Family Violence and Sexual Violence Response Training Package, is inviting proposals to develop a training package for the justice workforce on responding to family violence and sexual violence.
The closing date to submit a proposal is 21 January 2022.
A detailed RFP document provides background information about the request. We highlight key points from the RFP document below.
The scope outlined in the RFP document states:
"The scope of this Request for Proposal (RFP) includes the development of a high quality, comprehensive training package (the Training Package) for the justice workforce on family violence and sexual violence response. Kaupapa Māori understanding and approaches to family violence and sexual violence must be included in the Training Package."
It also notes that the delivery of the training is not in scope for this RFP.
The overview in the detailed RFP states:
"The Ministry requires a high-quality Training Package on best practice response to people that are impacted by family violence and sexual violence. The Training Package will be used to improve the quality of the Ministry’s response to court participants who are impacted by family violence or sexual violence.
While delivery of the Training Package to the justice workforce is not within scope of this RFP the Ministry anticipates that, in future, the Training Package will be delivered across a full day in a face-to-face group learning environment. The Training Package that is delivered to the Ministry at the completion of the contract must be fully developed and ready for use by trainers and trainees. Our preference is that the Training Package includes both foundational and advanced components and that it is structured in a way that means the foundational and advanced components can be completed by the trainees at different times."
The RFP document highlights two learning objectives that must be met by the training package:
"• each trainee understands the dynamics and impacts of family violence and sexual violence and knows how to respond safely and appropriately to court participants who are impacted by either family violence or sexual violence;
• each trainee can use a neutral and non-judgmental approach to people who disclose family violence and sexual violence whether they are a victim or a perpetrator."
The RFP document also notes the training should be suitable for a diverse range of adult learners and states:
"The groups from within the justice workforce that the Training Package is initially intended to be delivered to includes:
• Frontline Ministry of Justice employees e.g. Court Security Officers, Registrars and others who interact with the public;
• Tribunal chairs and members;
• Professionals contracted to deliver services to court participants or advice to judges e.g. Communication Assistants;
• The legal profession that interacts with the court system;
• Non-Government Organisations (NGOs) contracted by the Ministry of Justice to deliver services and programmes in the community; and
• Community magistrates and judicial officers."
For more information see the RFP 25240272, Family Violence and Sexual Violence Response Training Package. The detailed RFP document is available once signed in to the GETS website as a supplier. For questions, contact the Procurement Team at procurement@justice.govt.nz.
Related media
Mum abused by ex-husband in Family Court litigation denied police help, Stuff, 15.12.2021
Shine Bolsters Community Response To Family Violence, Press Release: Shine, Scoop, 14.12.2021
Mrs P wins first case in long battle to get property back, Stuff, 13.12.2021
Why can’t all courts be like this?, E-Tangata, 28.11.2021
Legal aid crisis a threat to justice, Newsroom, 12.11.2021
Māori clients struggle in legal aid crisis, Waatea News, 02.11.2021
National Strategy and Action Plan
Te Aorerekura is the National Strategy and Action Plan that sets out a new collective path for government, tangata whenua, specialist sectors, and communities to eliminate family violence and sexual violence in Aotearoa New Zealand. This is the first national strategy that includes both family violence and sexual violence.
Te Aorerekura is available in Te Reo Māori and other languages and accessible formats.
The purpose of the strategy is to outline a framework to eliminate family violence and sexual violence, to drive coordinated government action and to build and support community action.
The Strategy document states "Te Aorerekura is a 25 year strategy because it will take a generation of sustained investment and focus to strengthen the protective factors and enable the social changes required in Aotearoa New Zealand."
The moemoeā, or vision, for Te Aorerekura is “All people in Aotearoa New Zealand are thriving, their wellbeing is enhanced and sustained because they are safe and supported to live their lives free from family violence and sexual violence.”
The Strategy is guided by five principles – the whanonga pono: equity and inclusion, aroha, tika and pono, kotahitanga and kaitiakitanga. It outlines six 'shifts' or changes that are needed to address the drivers of violence and work towards achieving the vision of the strategy:
- strength-based wellbeing
- mobilising communities
- skilled, culturally competent and sustainable workforces
- investment in primary prevention
- safe, accessible, and integrated responses
- increased capacity for healing
Under each shift are broad actions that will lead to the shift. There are 40 initial actions outlined in the Action Plan for the National Strategy. The Action Plan covers two years through December 2023. It lists activities underneath each action and includes who is responsible for leading the activity and who is involved. The Plan is intended to be reviewed and refreshed annually, following an annual hui by tangata whenua, communities and the specialist sectors alongside government.
Te Aorerekura takes a wellbeing and strength-based approach to eliminating violence which includes a focus on primary prevention and healing. This draws on Te Tokotoru model developed by the Auckland Co-Design Lab and The Southern Initiative. See the October 2021 report Designing for equity and intergenerational wellbeing: Te Tokotoru.
The Strategy acknowledges the drivers of violence including that violence is about power, the gendered nature of violence, the compounding effects of colonisation, racism and sexism, and the differing experiences and needs of diverse people, families and whānau. It acknowledges that accountability is required from government and from people using violence while at the same time supporting people who use violence to change.
It also includes an overview of how it gives effect to Te Tiriti o Waitangi | The Treaty of Waitangi, and acknowledges the role of tangata whenua and community leadership for achieving intergenerational change.
In launching Te Aorerekura, Minister for the Prevention of Family and Sexual Violence Marama Davidson said:
“We need to address the intergenerational impacts of colonisation and racism in order for us to eliminate violence. Violence that impacts whānau is rooted in the marginalisation of tangata whenua and societal changes enforced during the colonisation of Aotearoa. There are solutions within the promotion and strengthening of whānau ora that require a focus on healing, restoration, redress and a return to a state of noa – being without limitations.
You can watch a video of the launch of Te Aorerekura. Also see summaries from the community engagement (scroll to the bottom of the page) to develop the Strategy.
Minister Davidson said on social media:
"At the root of this violence is often complex, interwoven and often inter-generational issues that are enabled by a range of underlying social conditions, norms, and hierarchies of power and equity.
As many of you have experienced, Aotearoa’s response to family violence and sexual violence has historically been siloed and under-resourced and has tended to focus on responses rather than prevention.
It is clear that approach has not worked, we have not reduced the violence experienced in this country.
This year we set out to listen and learn how we could do things differently."
Also see Minister Davidson's speech from the launch of Te Aorerekura. Minister Davidson has been interviewed about Te Aorerekura by RNZ, Te Ao Māori news and Waatea News.
The NZ Herald reported that new National Party Leader Christopher Luxon is supportive of the Strategy.
Some government agencies have published information that reference their role in implementing Te Aorerekura, including: ACC, the Ministry of Justice and the Ministry of Social Development.
Changes to Joint Venture and new Tangata Whenua Advisory Group
Minister Davidson has announced that a new interdepartmental executive Board for the elimination of family violence and sexual violence will replace the Joint Venture. The name of the Board will be announced in early 2022. Minister Davidson said:
“The Executive Board uses the same accountability mechanisms that exist between a chief executive and a Minister, but enables joint responsibility for collective work. This means that chief executive board members have joint responsibility for the operation of the board. It helps strengthen the collective commitment of chief executives to priorities that span multiple agencies’ responsibilities.
“The Board will be focused on aligning strategy, policy, and budgeting functions across relevant agencies. This will enable Ministers to receive whole-of-government advice to support decision-making that takes a system-wide perspective towards the vision of ending family violence and sexual violence.
Update: The Sustaining a collaborative approach to support the whole-of-government response to eliminate family violence and sexual violence Cabinet Paper and Minute related to the executive board and tangata whenua advisory group have been proactively released.
The Joint Venture was established in 2018. In June 2021, the Auditor-General published a report calling for "significant improvements" in the operation and function of the Joint Venture. The December 2021 e-Update from the Joint Venture announced that Fiona Ross is departing from her role as Joint Venture Director, and that Emma Powell, ACC representative on the Joint Venture Deputy Chief Executives’ group, will take over as Interim Director from 13 December.
Minister Davidson also announced a new advisory group when launching Te Aorerekura saying:
"Today, we are also announcing that Cabinet has agreed to establish a Tangata Whenua Advisory Group to provide independent advice and guidance to me as Minister on family violence and sexual violence. This governance input is a crucial improvement to the system and will ensure that te ao Māori informs our implementation of the Strategy."
See the Joint Venture website for more information about the Māori-Crown partnership.
Response from advocates to Te Aorerekura
Women's Refuge welcomed Te Aorerekura saying:
"Te Aorerekura, rooted deeply and deliberately in Te Ao Māori, brings together the knowledge, expertise, and experience of both those living with the everyday realities of violence in their lives and those of us working to support them. It has been constructed from a long and exhaustive consultation and negotiation process, bringing together a multitude of voices to reach a common understanding and build a shared vision of a way forward.
Women’s Refuge is cautiously excited at this long-awaited launch. Dr Ang Jury, Chief Executive of the National Collective of Women’s Refuges notes that 'this is just the beginning. Now that the talking is done, the real work must begin. Now is the time when we need to see real sustained commitment to bringing the actions outlined in Te Aorerekura to life.' "
RNZ interviewed Dr Ang Jury about the Strategy.
Te Ōhaakii ā Hine-National Network Ending Sexual Violence Together (TOAH-NNEST) welcomed the Strategy saying:
"This action plan is a crucial step towards creating greater collaboration amongst Government Agencies and we hope this will ensure that collectively we can create systems of support that are safe, centre the people who need help, hold people accountable for their behaviour, and ensure sustainable change over time."
The Disability Rights and Equal Employment Opportunities Commissioners have also welcomed Te Aorerekura. Disability Rights Commissioner Paula Tesoriero said:
"We can only achieve better outcomes through collective action. Until this strategy, we have not explicitly acknowledged how our power structures have overlooked the impacts of family and sexual violence on tāngata whaikaha Māori and disabled people.
"Nor have we addressed how prevailing attitudes have kept disabled people silenced about the violence and abuse they experience for too long. A lack of workforce knowledge has also meant inadequate responses when people do speak up."
Saunoamaali’i Karanina Sumeo, Equal Employment Opportunities Commissioner said:
“It’s heartening to hear that the Government will embark on a new approach that is victim-centred, ensuring continued inclusive and accessible services focused both on prevention and appropriate responses to support survivors and families at risk of violence.
“It has taken us far too long to get here. I’m hopeful the intention and investment will begin protecting, healing, and restoring the lives of children and women victimised by family violence, particularly for our wahine Māori, Pacific and ethnic women.
“I would like to see ongoing resourcing and adequate support for survivors as well as perpetrators of family violence to seek the help and rehabilitation, so we can continue to create peaceful homes and safer communities.”
Other organisations have welcomed and responded to the launch of Te Aorerekura including: Te Kupenga Whakaoti Mahi Patunga | National Network of Family Violence Services, Social Service Providers Aotearoa and Te Pūtahitanga o Te Waipounamu. See further responses from advocates in the related media below.
Related news
In the weeks before the launch, Minister Davidson announced funding of new national-level family violence and sexual violence prevention initiatives for LGBTQIA+ people, people with disabilities, older people and new migrant communities. As part of the $2 million commitment from Budget 2019 to understand violence prevention needs and develop violence prevention initiatives in specific communities, the new initiatives include:
- "$399,000 for LGBTQIA+ centred violence prevention initiatives, including the development of practice guidelines, healthy relationships and consent resources, and an awareness raising campaign
- $350,000 to mobilise disabled communities to begin the process of addressing systemic barriers faced by tāngata whaikaha, deaf and other disabled people, implement the Safeguarding Framework and grow and strengthen the Safeguarding Adults From Abuse (SAFA) response in the Waitematā to safeguard adults at risk
- $242,000 for new violence prevention initiatives for ethnic communities, including the expansion of the Shama community development programme to six new locations and the expansion of Let’s Talk, plus the development of community conversations and healthy relationship resources
- $200,000 to support the violence prevention needs of older people.
- $250,000 to build relationships and capacity for diverse communities to engage with Joint Venture agencies
- $137,500 for Community Advisory Groups established by Massey University Center for Culture-Centered Approach to Research and Evaluation (CARE) to develop localised violence prevention initiatives and frameworks in five locations."
To support this work, the Joint Venture commissioned Massey University Center for Culture-Centered Approach to Research and Evaluation (CARE) to research the specific violence prevention needs of diverse communities. From this research, Massey CARE published the report Community-led culture-centered prevention of family violence and sexual violence (2021). See the Massey CARE project webpage for more information including an executive summary and interim report.
Disability Rights Commissioner Paula Tesoriero announced two new reports from the Human Rights Commission exploring people with disabilities experiences of violence and abuse.
The reports, Whakamanahia Te Tiriti, Whakahaumarutia te Tangata (Honour the Treaty, Protect the Person) and Whakamahia te Tūkino kore Ināianei, ā Muri Ake Nei (Acting Now for a Violence and Abuse Free Future), outline the evidence on the causes and impacts of violence including racism and colonisation, and abuse against tāngata whaikaha Māori and disabled people. The reports outline gaps in systems, knowledge and services, and set out a roadmap for systemic change. Together the reports make 20 recommendations.
In launching the reports, Disability Rights Commissioner Paula Tesoriero said "These reports provide, for the first time, an evidence base and graphic illustration of the violence and abuse suffered by tāngata whaikaha Māori and disabled people. They show a continued absence of effective responses to reduce its incidence."
And she went on to say :
"In Aotearoa, racism and ableism intersect to create unique additional risks for tāngata whaikaha Māori who must navigate racism, discrimination and other biases."
"This has resulted in the suppression of rangatiratanga along with the many disabling effects on the ability of tāngata whaikaha Māori to define themselves and their own lives"
Minister Davidson responded to the reports saying:
"Disabled people have highlighted to me the lack of specialist family violence and sexual violence services and supports, the lack of a nationally consistent and mandated safeguarding approach, and the need for more data and research to make visible their experiences.
They emphasised that disabled people need to be at the decision making tables.
We also need to address the intergenerational impacts of colonisation and racism in order for us to eliminate violence."
Submissions open on Oranga Tamariki oversight legislation
The Social Services and Community Committee is calling for submissions on legislation proposing changes to the monitoring and oversight of Oranga Tamariki, including changes to the Office of the Children's Commissioner.
The closing date for submissions is 26 January 2022.
The Oversight of Oranga Tamariki System and Children and Young People's Commission Bill is an omnibus bill which proposes to amend a number of Acts. The media release (17 November 2021) from the Social Services and Community Committee states:
"The bill would establish the office of the Independent Monitor of the Oranga Tamariki System. The objectives of the Monitor would be to carry out objective, impartial, and evidence-based monitoring, and provide advice. The bill would also strengthen the complaints oversight function of the Ombudsman. It would do this by ensuring that the Ombudsman’s investigations about the Oranga Tamariki system have a focus on improving outcomes for children, supports agencies in the Oranga Tamariki system to resolve complaints, and give practical effect to te Tiriti o Waitangi (the Treaty of Waitangi).
The bill proposes to replace the Children’s Commissioner with the Children and Young People’s Commission. The commission would be an independent Crown entity and be able to hold the Government to account on matters relating to children and young people. The bill proposes to carry over most of the current powers of the Children’s Commissioner to the commission. However, the commissioner’s current powers to investigate decisions about individual children would not be carried over. This is because the Ombudsman already conducts a similar investigatory function and would continue to do so."
For more information see the bills digest for background leading to the legislation and overview of the key parts of the proposed legislation and the December 2021 media release calling for submissions. When introducing the bill, Children's Minister Kelvin Davis said "Along with a Ministerial Advisory Board that will monitor that progress, these changes will ensure there is strong oversight of the wellbeing of children and whanau during that transformation."
Children’s Commissioner Judge Frances Eivers said the legislation is "a huge opportunity to improve outcomes for all tamariki mokopuna." She highlighted a number of proposed changes in the bill which "...establishes a more comprehensive and greater-resourced monitor of the Oranga Tamariki System, to inherit and expand on the system monitoring currently undertaken by the OCC." She also noted that the Office of the Children's Commissioner will be advocating for strengthened independence for the new Oranga Tamariki System Monitor and for the Monitor to reflect a Te Tiriti partnership model.
The Green Party has said they will not support the legislation with spokesperson for Children and member of Te Mātāwaka Jan Logie saying: “Turning the Office of the Children’s Commissioner into a Children and Young People’s Commission should go hand in hand with giving it powers and resourcing for monitoring, alongside advocacy work. Taking some of the functions away from the Commissioner is a backwards step." Waatea News interviewed Dr Elizabeth Kerekere about the Green Party's concerns about the legislation.
In June 2021, the government announced that the Independent Children’s Monitor (Te Mana Whakamaru Tamariki Motuhake) would become its own departmental agency within government and be hosted by the Education Review Office. It will be led by its own Chief Executive who will be a Statutory Officer. Outgoing Children's Commissioner Judge Becroft has questioned this approach and VOYCE – Whakarongo Mai has also criticised the decision.
Update: VOYCE – Whakarongo Mai has published an overview of the bill and guide to making a submission. Many advocacy groups have raised concerns about the proposed changes. See related media below for more information.
Update: The bill was divided by committee of the whole House into two separate bills: the Oversight of Oranga Tamariki System Bill and the Children and Young People’s Commission Bill. Both bills have passed Parliament and received Royal Assent in August 2022.
New bill would repeal Oranga Tamariki subsequent child removal provision
Children's Minister Kelvin Davis introduced legislation to partially repeal the subsequent child provision. The Oranga Tamariki Amendment Bill would amend the Oranga Tamariki Act 1989 by partially repealing the subsequent-child provisions. When announcing the bill, Minister Davis said "While issues have been identified with the provisions in relation to parents who have previously had a child permanently removed from their care, those issues do not arise in relation to a parent who has a conviction for the death of a child in their care. For that reason, the retention of provisions in such serious situations will remain."
For more information see the full bill. It is expected the bill would be passed and come into effect in 2022. It has not yet been referred to select committee.
New report documents impacts on Māori from system racism and colonisation
A new independent research report states that "It is clear from research analysis that the settler state and its care systems have been deliberate in intention and design in dismantling whānau Māori networks that were crucial for health and wellbeing." The authors further note:
"The over-representation of tamariki Māori and vulnerable adults in the settler State Care system cannot be separated from the socio-political and historical contexts of Aotearoa, and the deliberate dismantling of whānau Māori. The violent and enduring impacts of colonisation has significantly reduced whānau capacity and capability to care for their own."
The Crown Response to the Abuse in Care Inquiry website states the 480-page report, "...is believed to be the most comprehensive research ever done on Māori historical experience of State care, drawing together a vast range of data from State organisations and interviewing people closely involved in the care system during 1950-99."
The research and report, Haha-uri, haha-tea: Māori Involvement in State Care 1950–1999 (2021), was completed by Ihi Research and was co-researched and written with Māori researchers who are survivors of State Care. The research was commissioned by the Crown Response to the Abuse in Care Inquiry. Also see a summary overview of the research.
Te Ao Māori news interviewed some of the researchers including Paora Crawford Moyle and Dr Annabel Ahuriri-Driscoll. For more information see the research overview from Ihi Research and a video from the Crown Response to the Abuse in Care Inquiry.
Related news
The Abuse in Care Royal Commission of Inquiry delivered its interim report, He Purapura Ora, he Māra Tipu – From Redress to Puretumu, to the Governor-General, Honourable Dame Cindy Kiro. The media release notes that the report "...makes findings and recommendations on how the Government and faith-based institutions can address the harm suffered by children, young people and vulnerable adults in the care of State and faith-based institutions." It is expected that the report will be tabled in the House in mid-December, and after that, made public.
Related media
PM won't commit to recommendation to legally protect children from abuse in care, Stuff, 04.03.2022
Child abuse bill flawed, Waatea News, 01.03.2022
Former staff critical of Oranga Tamariki bill, Stuff, 26.02.2022
Oranga Tamariki changes ‘deliberately preempt’ Royal Commission, Newsroom, 24.02.2022
Ministers differ on changes to Oranga Tamariki bill, Te Ao Māori News, 24.02.2022
Oranga Tamariki Oversight Bill under fire: 'They want a lapdog, not a watchdog', Stuff, 19.02.2022
Oranga Tamariki watchdog reforms ‘may perpetuate harm, dysfunction’, Newsroom, 17.02.2022
Demand for Children's Commissioner to be retained amid Government reforms, Stuff, 17.02.2022
Oranga Tamariki grapples with structural racism to turn the tide, Newsroom, 14.02.2022
An advocacy job too well done, RNZ, 08.02.2022
Monitoring committee no substitute for Children’s Commissioner, Waatea News, 27.01.2022
Push to ‘save’ Children’s Commissioner from govt reforms, Newsroom, 24.01.2022
Advocacy group urges Government to slow down on new OT laws, RNZ, 19.01.2022
OT: Expert warns against stripping Children's Commissioner role, RNZ, 19.01.2022
Are we ready to scrap the role of Children’s Commissioner?, The Spinoff, 19.01.2022
Calls to retain Children’s Commissioner, Waatea News, 06.01.2022
Revealed: Violence in Oranga Tamariki care and protection residences increasing, Newshub, 10.12.2021
Judge calls for quick response to abuse remedies, Waatea News, 02.12.2021
Govt finally moves to repeal ‘subsequent child’ uplifts, Newsroom, 26.11.2021
Neville Baker: The answers were there in 1988, E-Tangata, 23.06.2019
Following a national recruitment process, we are very pleased to announce the appointment of Dr Terry Dobbs as our Academic Director - Māori, and Professor Nicola Gavey as our Academic Director - Tauiwi.
We are also pleased to announce that Associate Professor Janet Fanslow, previous Co-Director for the NZFVC, will be taking on a new role with us as Chief Advisor.
Terry Dobbs
Dr. Terry Dobbs (Ngāpuhi; Te Rarawa) has many years of experience working in the field of whānau violence prevention and intervention (both within practice and research) and in developing strategies for Māori using cultural frameworks and practices. Terry is a registered social worker and has worked in academic, statutory, community and iwi settings. She has led several research projects involving children and young people and their whānau and has published on Indigenous approaches to well-being (oranga), practice frameworks for mokopuna and whānau well-being, Indigenous research methods, Te Ao Māori approaches to evaluation, Māori-centred social work practice, youth suicide prevention and whānau violence prevention. Her recent research explores reclaiming and applying Te Ao Māori principles to inform and support taitamariki Māori intimate partner relationship well-being.
Nicola Gavey
Nicola Gavey is a professor in the School of Psychology at the University of Auckland and has conducted research related to domestic violence and sexual violence prevention since the mid-1980s. She has managed several major research grants and has published and spoken extensively on sexual violence and related issues. Her current research includes a critical analysis of the way consent operates in sexual violence prevention discourse, a study of the normalisation of “rough sex” and its relationship to sexual violence, and a study on image-based sexual abuse. Nicola and colleagues have recently developed a new model for working with boys and young men that is directly relevant to sexual violence prevention.
Statement from the new Directors
Mā whero, mā pango ka oti ai te mahi
"The Whakatauki above speaks directly to the need for collaboration. Traditionally ‘whero’ signifies chiefs/leaders and ‘pango’ the community/workers. It acknowledges the need for both to work together in order to complete the work. We wish to acknowledge the extensive mahi that the Family Violence Clearinghouse has already achieved and look forward to working in partnership (mahi tahi) with our Advisory Groups and the wider community to place te Tiriti o Waitangi at the centre of what we do.
Our core function at the NZFVC is to provide equitable access to good quality research and information that can help to inform policy and practice in Aotearoa. This includes drawing on both Western and Māori knowledge systems as well as practice informed evidence. How these systems of knowledge can inform our understanding of violence prevention will be a key focus for the NZFVC as we move forwards."
New Advisory Groups
We are also pleased to announce members to our two new Advisory Groups.
Māori Advisory Group
- Professor Denise Wilson (Ngāti Tahinga), Auckland University of Technology
- Professor Tracey McIntosh (Ngai Tūhoe), University of Auckland
- Helen Pearse-Otene (Ngāpuhi; Ngāti Rongomaiwahine-Kahungunu; Ngāti Ruanui), Independent
- Kerri Donoghue-Cox (Ngāti Mutunga), Ministry of Social Development
- Dr Michael Roguski (Te Āti Awa; Ngāti Tūwharetoa), Kaitiaki Research
- Rolinda Karapu (Ngāti Pukeko; Ngāti Awa; Ngai Tūhoe; Ngai Tai ki Torere; Ngāti Porou), Te Rau Ora
- Stacey Porter (Ngai Takoto; Ngāti Kahu; Ngāpuhi; Rongowhakaata; Ngāti Maru), Whāraurau
Tauiwi Advisory Group
- Dr Pauline Gulliver, NZ Family Violence Death Review Committee (HQSC)
- Sandra Dickson, Hohou Te Rongo Kahukura - Outing Violence; Shama Ethnic Women's Centre
- Sheryl Hann, Joint Venture Business Unit
- Dr Rob Thomson, University of Otago
- Dr Melanie Beres, University of Otago
- Paulette Benton-Greig, Auckland University of Technology
- Dr Debbie Hager, University of Auckland
- Professor Jennifer Curtin, University of Auckland
- Dr Lucy Langston, Ministry of Social Development
- Juanita Rojas, Shama Ethnic Women's Centre; University of Auckland
Update: The Crimes (Child Exploitation Offences) Amendment Bill received Royal Assent on 12 April 2023. The Crimes (Child Exploitation Offences) Amendment Act 2023 comes into force the day after receiving Royal Assent.
The Crimes (Child Exploitation Offences) Amendment Bill is a member's bill from Labour MP Ginny Andersen that was pulled from the Parliamentary ballot in August 2021. The purpose of the bill is to protect children at risk of harm from online exploitation committed by people 18 years and older.
The closing date for submissions is 10 December 2021.
The bill would amend the Crimes Act 1961 to make it an offence for a person over 18 to use online communications to falsely represent their age or identity with the intention to meet with someone under 16. The bill would also make it an offence for someone over 18 to use online communications to plan to cause harm to a person under 16.
The bill also proposes to increase the maximum penalty for a person convicted of sexual grooming of a young person from 7 to 10 years’ imprisonment.
At the first reading in Parliament, MP Ginny Andersen provided background to the legislation noting (see the Hansard Transcript):
"This bill is designed to help to ensure that our justice system can respond appropriately to protect our young people from those who engage in acts online to harm people, and to harm young people in particular. It is based upon similar legislation that has been passed in Australia, and the law in Australia was known as Carly's Law. It was named after Carly as the result of the efforts of her mum, whose name is Sonya Ryan, an Adelaide mother who campaigned for over a decade. That was after her 15-year-old daughter was murdered after an online predator posed as a teenage boy."
During the first reading MP Jan Logie said:
"But this is a really important conversation. It's about the safety of our children at the heart of it. I'm very pleased that this Parliament is getting to spend time on that conversation. We know that Governments have previously been pretty slow to respond to digital harm in particular, including online identity theft, revenge porn, online hate speech, racism, or extremism. We're slow to catch up. The legislation feels as if there are many moving parts, in terms of protections. So this piece of legislation is discrete, it is fixing a small part of it, and I look forward to the conversation in the select committee looking at how that fits in the whole picture and exploring the detail of it."
She also noted:
"The current law criminalises grooming at the point where an offender arranges to meet a child with the intention of having sexual activity, whether or not the intended abuse occurs. This bill will update these offences to cover digital harm and grooming at the point where the offender arranges or meets up with the young person following online communications."
She also raised questions about the increased penalties and how these fit with early intervention and rehabilitation.
You can find research and information to support submissions in our library under our Quick Search Topic Technology and Abuse.
Also see the report Ending Online Sexual Exploitation And Abuse Of Women And Girls: A Call For International Standards (2021) from Equality Now, an international human rights organisation.
Related news
The Justice Committee has submitted their final report on the Harmful Digital Communications (Unauthorised Posting of Intimate Visual Recording) Amendment Bill. The Committee recommending the bill be passed with amendments.
The Australian government has launched their first National Strategy to Prevent and Respond to Child Sexual Abuse 2021 - 2030. The Strategy is an initiative of the Australian, state and territory governments, and includes child sexual abuse in all settings, including within families, online and within organisations.
Related media
Playing catch-up to protect kids from digital harm, RNZ, 29.05.2022
Sharing intimate content without permission has 'serious consequences' - Netsafe, RNZ, 30.11.2021
Woman’s photo posted to porn site but only perpetrator gets access to counselling, RNZ, 29.11.2021
Chewing on bills: committees enjoy gristle, RNZ, 12.11.2021
Keep it Real Online – Phase 2, Beehive media release, 31.08.2021
Netsafe prepares for an influx of online harm incidents, Netsafe media release, 27.08.2021
The rise of cybercrime and NZ's fragmented response, RNZ, 15.06.2021
Govt acts to protect NZers from harmful content, Beehive media release, 10.06.2021
The White Ribbon NZ campaign this year is Whiti te rama - Shine a light on what works in violence prevention in our communities. The campaign is focused on highlighting stories of change to inspire people who are currently experiencing violence. White Ribbon is asking people who have used violence and people who have experienced violence to share their stories of coping, getting support, and the tools that helped with change.
White Ribbon NZ has also launched a new video and new toolbox on call-in culture. The campaign notes that:
“Effective prevention moves beyond simply stopping violence into promoting alternative healthy behaviours. We must encourage boys and men to recruit and educate other boys and men in ways that lift each other up. An effective way to do this is by ‘inviting’ men, rather than indicting them. This means not only modelling positive behaviour in front of each other, but also understanding that other men might be at a different part of their journey and still working it out for themselves.”
According to White Ribbon Ambassador David Cournane:
“Once upon a time if you were coaching a team you would have highlighted mistakes and used shame to call out unwanted behaviours. While we still have to correct errors, there is now much more of a focus on finding those moments where the players are doing something well, and using these as key learning moments. With a focus upon growing from our strengths and our successes, we are more likely to engage those around us.
I know that being empathetic, and understanding the drivers behind someone’s behaviour, and speaking to those issues, is far more effective than just simply calling someone out. If you want people to change, you’ve got to give them a reason to change, and that requires being empathetic and kind,”
The campaign also seeks to shine a light on pre-colonial attitudes to women and children and the ways in which colonisation has led to limited understandings of possible masculinities. The campaign notes that:
“Historical records suggest that the possibilities for Māori tāne were much broader before the importation of European models of masculinity. These records suggest Māori men were looked down upon by Pākehā for lacking appropriately stoic ‘masculine’ behaviours, and were instead talkative and animated, partook in the same work as women, and readily expressed their emotions. The fact that colonisation has led to limited understandings of possible masculinities, and has justified and excused abuse at the hands of men suggests that unpacking assumptions about colonial masculinity can help Aotearoa reset our attitudes and behaviours by building on traditional Māori values.”
White Ribbon has also teamed up this year with Hohou te Rongo Kahukura – Outing Violence and Rainbow Hub Waikato to develop a new Toolbox for parents with kids who break gender rules. The Toolbox – Kids and Gender – will be launched at a webinar on 29 November. Also see our calendar for educational webinars and events happening around the country.
Update: The Kids and Gender Toolbox has been launched.
See more information about this year's White Ribbon campaign. Find local White Ribbon events or list your event.
See the news stories below for resources from previous White Ribbon campaigns.
Economic Abuse/Harm Awareness Day
Good Shepherd NZ is raising awareness about economic abuse in recognise of Economic Harm Awareness Day, the 26 November with resources and a webinar. The Canadian Centre for Women’s Empowerment launched Economic Abuse Awareness Day in Canada in 2019 to increase awareness of economic abuse. This is the first time the day is being recognised in Aotearoa New Zealand.
For recent research about economic abuse watch the webinar from Australia’s National Research Organisation for Women’s Safety (ANROWS) on Understanding economic and financial abuse. The webinar draws on a series of research reports from the University of New South Wales’s Gendered Violence Research Network on financial abuse.
16 days of activism against gender-based violence
The international 16 days of activism against gender-based violence runs from 25 November (International Day for the Elimination of Violence against Women) until 10 December (Human Rights Day) each year. The 2021 UNiTE Campaign’s global advocacy theme this year is: "Orange the World: End violence against women now!" For more information and actions you can take, see this year’s concept note.
It has been 30 years since the global 16 days of activism campaign launched to raise awareness about violence against women. To acknowledge the continued need to urgently address femicide, the Global 16 Days Campaign has published the 2021 Femicide Advocacy Guide. The guide discusses the prevalence of femicide and the international norms and standards that could be used to address femicide.
In a Statement to the UN General Assembly, the new Special Rapporteur On Violence Against Women, Its Causes And Consequences, Reem Alsalem acknowledged the report Taking stock of the femicide watch initiative (2021). The report was completed by outgoing Special Rapporteur, Ms. Dubravka Simonovic. It highlights research on femicide and evidence-based policy and legislative responses, as well as international differences in data collection and femicide definitions.
In the same Statement, Special Rapporteur Reem Alsalem outlined her thematic priorities for the next three years, including:
- violence against indigenous women and girls
- gender-based violence in the context of disaster risk reduction and response related to climate change
- psychological violence against women
- the relationship between the condition of statelessness, gender, and gender-based violence
- the intersection between gender-based violence against women, sexual orientation and gender identity and expression.
Related news
Manatū Wāhine |Ministry for Women is developing the Women's Employment Action Plan. The plan will identify actions to improve the employment outcomes for women in Aotearoa New Zealand. The Ministry media release notes "When completed, the action plan will bring together current work across government and identify possible new areas for action that may emerge through engagement, to support women’s employment." The Ministry is asking for feedback on two questions:
- "What do you think are the barriers to women’s employment?"
- "What actions do you think should be included in the Women’s Employment Action Plan?"
Send your feedback by email to mahi@women.govt.nz and reference 'Feedback on Women's Employment Action Plan'.
Related media
Shine A Light On Disability And Violence, Press Release: White Ribbon, Scoop, 13.12.2021
BNZ and other lenders are waiving debts incurred in abusive relationships, Stuff, 30.11.2021
His debt in her name: Economic harm in which lenders are complicit, Stuff, 26.11.2021
BNZ Sets Sights On Tackling Economic Harm, Press Release: BNZ, Scoop, 26.11.2021
PSĀ Wāhine Call For An End To Violence And Harassment, Press Release: PSA, Scoop, 25.11.2021
Breaking the cycle of violence: The numbers behind 'a hidden pandemic', Stuff, 25.11.2021
On International Day, UN chief says ‘violence against women is not inevitable’, UN News, 24.11.2021
White Ribbon advocating conversations with mates, RNZ, 23.11.2021
White Ribbon Day chance for reset, Waatea News, 23.11.2021
Shine A Light On Stories Of Change, Press Release: White Ribbon, Scoop, 15.11.2021
Motivation to change: A basketball coach's mission to support Pasifika dads, Stuff, 17.10.2021
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