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The closing date for submissions is 25 June 2021.
The bill was introduced in April 2021 as part of the government's wider response to the terrorist attack on Christchurch masjidain. The purpose of the bill is to better prevent and respond to terrorism and associated activities. It proposes to amend the Terrorism Suppression Act 2002, the Search and Surveillance Act 2012, and the Terrorism Suppression (Control Orders) Act 2019.
Justice Minister Kris Faafoi said "The Bill responds to the changing nature of terrorism internationally and domestically. Our laws need to recognise and provide a framework to allow early intervention, including against those who operate outside organised terrorist groups."
The bill proposes a number of changes including:
- "clarify the definition of a “terrorist act”;
- create a new offence to criminalise planning or preparation for a terrorist act;
- create a new offence to specifically criminalise terrorist weapons and combat training for terrorist purposes;
- create a new offence for international travel to carry out terrorist activities;
- expand the criminal offence of financing terrorism to include broader forms of material support; and
- extend the eligibility for a control orders to include individuals who have completed a prison sentence for a terrorism-related offence if they continue to present a real risk of engaging in terrorism-related activities."
Advocate Anjum Rahman has said the proposed approach to widen the definition of terrorism "won’t make us safer". She writes that "Unfortunately, the way legislation is applied is in a context of discrimination and marginalisation." She highlights
"That can most clearly be seen in Clause 5 of the bill, which amends definitions of sanctioned organisations using the United Nations Security Council’s designated sanctions list of terrorist entities. The problem is that the UN list does not include a single white supremacist, white nationalist, alt-right or neo-Nazi organisation.
Even though there have been so many mass shootings by these groups, the definitions of terrorism used by the UN means that these organisations can often continue to elude authorities. This is symptomatic of an international bias that also impacts us here in Aotearoa."
Anjum also raises concerns that the proposed changes give wider powers to the state and "...marginalised communities unfairly bear the brunt of state power." She goes on to say the new powers proposed by the legislation "...would not have helped to prevent the Christchurch mosque attacks. The issue wasn’t that the laws weren’t broad enough to prosecute the terrorist prior to the atrocities he committed. The problem was that our national security system didn’t recognise him as a threat – even when he came to the attention of state agencies, even when he travelled in and out of the country and even when he applied for a gun licence. The killer wasn’t ever on the radar."
She calls for inclusion of human rights checks and legislative requirements to monitor and address unfair bias. She writes "What will make us safer is a national security system that is not biased, that picks up on global emerging trends, and that is responsive to reports from targeted communities. When the systems are poor, greater legislative powers lead to the risk of greater harm."
As reported by RNZ, the Security Intelligence Service (SIS) has introduced new terminology to talk about threats. The terminology, which has been adapted from a framework developed by their Canadian counterpart, includes “Faith Motivated extremism” to describe one end of the threat spectrum, and "Identity Motivated Violent Extremism" to describe the end that white supremacists inhabit.
According to SIS Director-General Rebecca Kitteridge, the new terminology “makes it clear that our concern is with violent extremists and terrorists of varying ideologies. Those threats should not be conflated with communities.”
However, according to Tim McScorley from the International Civil Liberties Monitoring Group in Ottawa, while there may be more attention being paid to white supremist groups since the change in terminology, there is little evidence that it has resulted in a change in the levels of surveillance experienced by Muslim communities in Canada. "There's nothing that clearly shows that they're lessening their focus on surveillance of Muslim communities."
For international research and resources on the links between violent extremism and violence against women see our previous news stories below.
Update: The Counter-Terrorism Legislation Bill passed its third reading at Parliament in September 2021. Following Royal Assent, it will come into effect from 4 October 2021. The Government announced the establishment of a National Centre of Excellence for Preventing and Countering Violent Extremism and launched at least 10 scholarships for master's students to research ways of countering and preventing terrorism, including issues like social cohesion and social equality.
Related news
In April 2021 Kris Faafoi Minister of Justice released cabinet papers that outline proposed legislative changes to address hate speech. This follows the Hate speech and hate crime related legislation paper from the Royal Commission of Inquiry into the terrorist attack on Christchurch masjidain. Part 9, Chapter 4 of the Royal Commission's final report also looks at areas for improvement in New Zealand's legal framework and Police practice to address hate crime and hate speech.
The Implementation Report on New Zealand’s National Action Plan on Women, Peace and Security 2015 – 2019 was published earlier this year. The report examines the progress on the National Action Plan (NAP) for the implementation of United Nations Security Council Resolution 1325 on Women, Peace and Security. The lead agencies responsible for the plan implementation are the Ministry of Foreign Affairs and Trade, Ministry of Defence, New Zealand Defence Force and New Zealand Police. The report notes that:
"CSGs [civil society groups] noted the absence of reference to Te Tiriti o Waitangi, and integration of the principles at its heart (i.e., Participation, Partnership and Protection) in the NAP, which align closely with the WPS [women, peace and security] pillars. They consider that for New Zealand to have credibility on the WPS agenda internationally, the NAP needs to ensure it is introspective on the relevance of the agenda domestically. Consideration of the protection of Māori and other women from violence in New Zealand, together with the role of Māori women in conflict prevention is a vital step towards incorporating Te Tiriti o Waitangi principles in the NAP. This also applies to the inclusion of Pacific communities and women in New Zealand’s programmes in the Pacific."
Related media
New laws passed to reduce terrorism risk and keep community safe, Beehive media release, 04.05.2023
Misogyny, Extremism, and Gun Violence, Everytown [USA], 13.01.2022
Counter-Terrorism Legislation Bill returns to Parliament, Beehive media release, 21.09.2021
Would harsher terrorism laws have prevented the mall attack?, The Spinoff, 04.09.2021
Auckland terror attack: PM says new terror laws will be passed this month, Stuff, 04.09.2021
‘I shouldn’t have to protect myself’, Newsroom, 17.06.2021
Christchurch Call and Countering Violent Extremism: helping or hindering?, 15.06.2021
Govt acts to protect NZers from harmful content, Beehive media release, 10.06.2021
Police team monitoring white supremacists, Waatea News, 04.06.2021
How the SIS missed the threat of the far right, Newsroom, 03.06.2021
Government under pressure over ‘concerning’ hate reform delay, Newsroom, 16.04.2021
Up to three years in prison for hate speech under reforms, Newsroom, 16.04.2021
Oversight office urged after moves to expand counter-terrorism laws, RNZ, 15.04.2021
Police pleased with new counter-terrorism legislation, Newstalk ZB, 14.04.2021
Balance lacking in surveillance trends - Security expert, RNZ, 09.04.21
Govt announces Arms Advisory Group members, RNZ, 06.04.2021
New Zealand's terror list needs to be expanded - experts, RNZ, 22.03.2021
Information sheets
The Family Violence Death Review Committee (FVDRC) is developing a series of brief information sheets. The info sheets have brief facts about information the FVDRC collects on family violence deaths in Aotearoa New Zealand. They are available in English, Te Reo Māori, Samoan, Tongan, Hindi and Simplified Chinese.
The first information sheets are on:
- Intimate partner violence deaths in Aotearoa New Zealand
- Child abuse and neglect deaths in Aotearoa New Zealand.
They are one-page documents that provide brief facts. For each one there is a one-page Supplementary detail that has background information about the facts.
The FVDRC is asking for feedback on the information sheets in a brief online survey.
Article on family violence experts in courts
Professor Mark Henaghan, FVDRC Deputy Chair Dr Jacqueline Short and FVDRC Senior Specialist Dr Pauline Gulliver have written an article on behalf of the Family Violence Death Review Committee focused on family violence experts in the criminal court. The article examines the potential for, and role of family violence experts in providing expert evidence in criminal court proceedings.
The authors highlighted the need for family violence experts in criminal courts noting:
"Where there is increased complexity in the offending, there may be very little experience or expertise by the court decision maker and, therefore, a lack of awareness of the type of evidence or investigation necessary to understand the dynamics of the relationship."
They also comment that:
“If expert testimony on the dynamics of family violence is not available to the court, there is the potential for a miscarriage of justice. If incomplete information is available to examine, or discount, the potential for family violence (for example, Box 1), there is the potential for incorrect decision making.”
Benefits of court reports or expert witness testimony in cases of family violence included:
- understanding and identification of the nature and dynamics of family violence including perpetrator behaviour and victim responses
- addressing myths and misconceptions
- understanding the limitations of the wider family violence system to provide safe responses
- understanding the compounding impacts of structural inequalities.
Their research also identifies gaps and areas where work is needed to ensure quality, appropriateness and effectiveness of experts. While legislation exists that allows for expert evidence to be presented to the court, there are no guidelines for specialist family violence reports for the criminal court. Furthermore, the research highlights that guidelines for the Family Court
"...are limited in their applicability to family violence expertise. For example, while psychologists are required to show a general knowledge of family violence and how it impacts on children and adults, there is no detail concerning how this knowledge is assessed or whether it is kept up to date."
They write:
"In the United Kingdom, there are now established requirements that experts in family cases will have appropriate knowledge; be active in the area of practice or have sufficient experience of the issues; have relevant qualifications; have received appropriate training; and be compliant with safeguarding requirements."
The researchers have proposed “…a framework for establishing that a person can be considered a ‘family violence expert’ for the purposes of presenting to criminal cases” in appendix 1 of the article.
The authors also draw on the writings of Coates and Wade (2007) discussing the importance of language, noting that "providing evidence that describes the observed patterns of violence in an intimate relationship provides a more accurate analysis of the violence perpetrated as well as actions of resistance." There is a risk that an emphasis on 'objective' language and 'facts' can serve to further entrap victims while playing into the account of the perpetrator. "Indeed, ‘objective’ language can be minimising, mutualising and sanitising, obfuscating actual experiences of violence..."
In addition, they briefly discuss the need for wider cultural considerations, including the need to understand the impacts of systemic entrapment for wāhine Māori and the importance of avoiding re-traumatisation that occurs when "using Western concepts to understand indigenous experiences."
Areas where work is needed in relation to family violence experts include:
- prosecution, defence lawyers and judges need adequate knowledge to recognise when family violence may exist and when to seek expert evidence
- the ability to assess and confirm individual expertise in family violence
- ensuring experts keep up to date as evidence and understanding continue to evolve in family violence
- experts need to be adequately prepared including understanding court proceedings and ensuring their testimony is grounded in an established area of knowledge
- consider use of an inquisitorial versus adversarial approach to family violence expert evidence.
The article Family violence experts in the criminal court: the need to fill the void is published in the April 2021 journal of Psychiatry, Psychology and Law. The authors drew on court cases from Aotearoa New Zealand, work of the FVDRC, policies and practices from other countries, and a review of literature.
See other resources from the FVDRC and related articles in the news stories below. Also search our library for items published by the Family Violence Death Review Committee.
Related media
Feeling belittled and marginalised in the Family Court, Newsroom, 30.08.2021
Judge’s questioning - ‘She was in the box, just crying’, Newsroom, 24.08.2021
Simmonds beaten to death because of domestic abuse report, court told, RNZ, 11.06.2021
Life sentence for Invercargill man who murdered young mum, Stuff, 03.06.2021
Jasmine Wilson: Diary had 'chilling detail' of murder accused's abuse - Crown, RNZ, 28.04.2021
Pukekohe deaths: Bailed man should 'never have been loose in the world', Stuff, 16.03.2021
Pukekohe deaths: Suspected murder suicide followed family violence, bail breach, Stuff, 14.03.2021
The Wellbeing Budget 2021 includes $131.9 million of new funding over four years for family violence and sexual violence. The funding is focused on three key elements:
- ongoing funding for existing place-based, multi-agency safety responses
- strengthening the system response
- investing in community-led, whānau-centred services.
This includes $81.3 million for ongoing funding for existing place-based, multi-agency safety responses. This includes the two Integrated Safety Response sites in Canterbury and Waikato and three Whāngaia Ngā Pā Harakeke sites in Whiria Te Muka (Te Hiku), Tairāwhiti and Counties Manukau. Of this funding, $48.5 million is for community services and flexi funds and $32.8 million is for community-based teams. The funding replaces time-limited funding for these services.
Additional initiatives included in the Family Violence and Sexual Violence Package include:
- $7.9 million for "Māori-Crown partnership arrangements to enable Māori to lead in the transformation of the family violence and sexual violence system"
- $9.2 million for additional resourcing for the Joint Venture - this includes funding the Joint Venture to support delivery of the National Strategy and Action Plans
- $1.3 million for strategic coordination of data and insights including a review of how the government contracts family violence and sexual violence research
- $12.0 million to expand Whānau-Centred Facilitation initiatives that fund kaupapa Māori providers to work with whānau experiencing family violence and sexual violence
- $8.0 million to increase the SKIP (Strategies with Kids, Information for Parents) Local Initiative Fund to provide grants for community-led projects, increase community capacity and build evidence for community-led prevention
- $12.2 million to provide ongoing funding for existing services in five sites that provide access to 24/7 accommodation and wrap-around support services for people using violence - this includes three Auckland sites run by Gandhi Nivas and two Integrated Safety Response sites in Canterbury and Waikato
For more information see the Joint Venture's Budget 2021 Summary of Initiatives: Family Violence and Sexual Violence Package and one page summary. The Joint Venture 21 May e-Update also provides an overview of the budget package.
Prevention of Family and Sexual Violence Minister Marama Davidson said:
“Together, these initiatives take important steps towards strong nationally enabled community-led responses to family violence and sexual violence in our country. It ensures that Māori leadership, Te Ao Māori thinking and an inclusive Te Tiriti framework play a pivotal part in transforming the family violence and sexual violence system to the benefit of everyone.”
Other Budget 2021 announcements
The Wellbeing Budget 2021: Securing Our Recovery includes a number of other key initiatives related to family violence and sexual violence.
- $15 million over 4 years to establish a Family Court Associate role. The Safeguarding Child Wellbeing and Building a Strong Foundation for Change in the Family Justice System initiative is listed under the Courts initiatives where it states: "This initiative will safeguard child wellbeing when parents are separating or unable to agree caregiving arrangements by establishing a Family Court Associate role. The role will enable faster resolution of disputes in the Family Court by reducing the administrative burden of judges and registrars." See the Budget 2021 Summary of investment in Votes: Courts and Justice for more information.
- Justice initiatives include additional funding to cover increasing costs and demand for accessing legal aid; increased funding for the Victim Assistance Scheme "to fund more applicants eligible for the Sexual Violence Grant, and will provide funding to victims of serious crime which is being prosecuted by regulatory agencies." See the Budget 2021 Summary of investment in Votes: Courts and Justice for more information.
- A number of initiatives are listed under Oranga Tamariki including funding related to the pay differential between Oranga Tamariki and non-governmental organisation partner social workers; funding "...for Oranga Tamariki to enable Māori partners to lead a shift in the way that Government supports tamariki and whānau with the greatest needs" and funding related to the Crown response to the Abuse in Care Inquiry.
- $108 million to support Pacific people’s wellbeing including support to establish the cross-government Pacific Wellbeing Strategy.
- Women initiatives include funding for Manatū Wāhine Ministry for Women to continue work in the gender pay taskforce and funding to supporting engagement of Mana Wāhine Kaupapa Inquiry claimants/witnesses.
- Internal Affairs initiatives include funding to address the findings of the Francis review of harassment and bullying in Parliament; continued funding of the Royal Commission of Inquiry into Historical Abuse; and funding for the new Ministry for Ethnic Communities "...to maintain engagement capacity in the southern region and begin developing system leadership capability."
- Other significant announcements included funding to establish the Māori Health Authority, increasing main benefit rates, improving childcare assistance, investing in access to information and advocacy for people with disabilities, continued implementation of the Better Later Life Strategy and funding for an additional 12 Te Pae Oranga (Iwi Community Panels).
For all Budget 2021 initiatives see the Summary of Initiatives to find a list of Budget Initiatives by area. For a brief overview of the budget see the Treasury's Budget at a Glance 2021. Also see key announcements from the Ministry of Social Development (MSD) media releases.
Responses to Budget 2021
Social Service Providers Aotearoa (SSPA) said the Budget was a "...a step in the right direction for children and whānau most in need, but more is needed for both families and whānau and Aotearoa’s NGO social services." Dr Claire Achmad, SSPA Chief Executive said:
"Investing in fair funding and fair pay for NGO social services is desperately needed. They must be funded to be sustainable to prevent harm from occurring and to keep serving the children, whānau and communities who trust them every day. Sustainable funding for our NGO social services will help to alleviate the pressures they currently face on multiple fronts. We know that the Government is committed to improving child wellbeing in Aotearoa. Investing in our NGO social services is an interrelated investment that the Government must choose to make."
NZ Council of Christian Social Services Executive Officer Nikki Hurst said "While the funding being made available to close the pay gap between Government and NGO-employed social workers sound great, not closing the gap for all workers within social service providers could create a very real impact on equity within our services." She also noted the budget could have offered more for older persons and people with disabilities.
Chief Human Rights Commissioner Paul Hunt said "It is particularly encouraging to see investment in Tiriti partnerships and enabling Iwi and Māori to exercise rangatiratanga and lead solutions – for example, in the areas of Māori housing, the Māori Health Authority, Iwi community panels in the justice sector, and Kaupapa Māori justice and family violence initiatives." Disability Rights Commissioner Paula Tesoriero and Equal Employment Opportunities Commissioner Saunoamaali’i Karanina Sumeo welcomed Budget 2021 initiatives to address poverty, but highlighted areas where more could have been done for people with disabilities, women and young people.
See additional responses from Women's Refuge, Te Pāti Māori, Te Pūtahitanga o Te Waipounamu and National Urban Māori Authority. See further commentary in the media articles below.
Related news
ComVoices published their biennial report that summarises findings from a survey of community and voluntary sector organisations. The 2020 State of the Sector Survey found that the sector is 'generally more stable and viable than it was two years ago' but is continuing to experience challenges from increasing workloads and inadequate funding. The ComVoices media release stated:
"The sector contributes $12.1 billion to the national economy, of which $4 billion is attributable to volunteer labour. But in 2020, the community sector continued a long-term trend of doing more with less. 80% of surveyed organisations saw ongoing, increased demands in workload without corresponding funding – and 80% of those with government contracts were forced to over-deliver on the services and programmes they were funded to provide.
However, it also noted:
"And crucially, the community sector’s partnerships with Government became more responsive, flexible and sustainable than for many years before. 40% of organisations saw the value of government contracts increase, and greater flexibility in contact requirements, faster decision-making, and greater partnership was widely reported."
The May 2021 MSD Family Violence and Sexual Violence Service Provider Update included an update on MSD's work on the Family Violence Funding Approach. The update noted changes in contracts and increases in Full-Time-Equivalent (FTE) rates.
Related media
ANZASW calls for social worker pay equity, Press Release: ANZASW, Scoop, 21.09.2021
New jobs plan for women coming to fix lasting damage of Covid-19 recession, The Spinoff, 31.05.2021
Wāhine Māori Pathways to support the wellbeing of women in prison, Beehive media release, 25.05.2021
Support for whānau critical in pathway from prison, Waatea News, 24.05.2021
Billion dollar Budget gets Turia tick, Waatea News, 24.05.2021
Q+A Panel: Budget lacks 'equity lens' to address gender imbalances, One News, 23.05.2021
Budget 2021: Benefit increases welcomed but some community groups need more, RNZ, 22.05.2021
Budget 2021 expectations vs reality: What you need to know, RNZ, 21.05.2021
NZ Budget 2021: women left behind despite the focus on well-being, The Conversation, 21.05.2021
Spending prepares Māori for reforms, Waatea News, 21.05.2021
Budget 2021: $131 million to tackle family and sexual violence, NZ Herald, 20.05.2021
New team best placed to oversee government spending - Grant Robertson, RNZ, 05.05.2021
The Tribunal found a number of 'serious breaches' of te Tiriti/the Treaty by the Crown both before and after the 2017 legislative changes. The Tribunal's overarching recommendation is for the Crown to 'step back' and for a 'Māori Transition Authority' to be formed.
The Waitangi Tribunal inquiry examined the significant disparity between the number of tamariki Māori and non-Māori children taken into State care. The Tribunal noted in the report, He Pāharakeke, He Rito Whakakīkinga Whāruarua (2021), that:
"The disparity has arisen and persists in part due to the effects of alienation and dispossession, but also because of a failure by the Crown to honour the guarantee to Māori of the right of cultural continuity embodied in the guarantee of tino rangatiratanga over their kāinga."
The Tribunal wrote further that:
"It is more than just a failure to honour or uphold, it is also a breach born of hostility to the promise itself. Since the 1850s, Crown policy has been dominated by efforts to assimilate Māori to the Pākehā way. This is perhaps the most fundamental and pervasive breach of te Tiriti / the Treaty and its principles. It has also proved to be the most difficult to correct, in part due to assumptions by the Crown about its power and authority, and in part because the disparities and dependencies arising from the breach are rationalised as a basis for ongoing Crown control."
The Tribunal noted that the Crown has acknowledged that colonisation, structural racism and historical injustices have been significant contributors to the disparity. In addition, the Tribunal noted that the Crown has acknowledged it has failed to fully implement recommendations of the 1988 report Puao-Te-Ata-Tu.
However, the Tribunal disagreed with the Crown's view that the policy and practice changes introduced since 2017 will address the disparity and uphold te Tiriti / the Treaty and its principles, writing that "...we do not think the legislative policy and practice changes introduced since 2017 are sufficient to secure outcomes consistent with te Tiriti / the Treaty and its principles".
The Tribunal identified six ways in which the Crown had continued to breach te Tiriti/the Treaty since 2017:
- "by failing to partially repeal the subsequent child provisions;
- by continuing to operate an inequitable and asymmetrical model in respect of partnerships and procurement;
- by failing to oversee and consistently apply mechanisms for monitoring and accountability of social work practice, and by failing to apply best practices in terms of data collection and quality;
- by failing to meaningfully reform permanency policy;
- by failing to address persistent problems in the operation of family group conferences; and by inconsistent and unnecessary use of section 78 uplift protocols across a number of cases prior to mid-2019, and
- by failing to ensure that te Tiriti / the Treaty provisions in the Oranga Tamariki Act 1989 are effective and clear."
The Tribunal further wrote:
"Most significantly, however, it is our conclusion that any attempts to broadly reform the philosophy and operations of Oranga Tamariki – within existing parameters – will not succeed. While ameliorative measures may succeed in reducing disparity in certain areas for periods of time, we consider that unless the core precepts of the care and protection system are realigned, with power and responsibility returned to Māori, disparity will be a persistent feature of the system – as it has been prior to and since the release of Puao-Te-Ata-Tu."
In the Tribunal's concluding comments about the 2017 policy and practice changes, they wrote:
"While we agree wholeheartedly with the vision of Oranga Tamariki that no tamaiti Māori will need State care, it is not a vision Oranga Tamariki alone can hope to achieve. Not only will it require sustained and significant whole-of-government attention and resourcing, but also action from the non-government sector and iwi, hapū, and Māori whānau themselves."
In introducing their final recommendations the Tribunal wrote:
"It is clear to us that Māori must lead and direct the transformation now required. This is because the essential long-term solution lies in strengthening and restoring whanaungatanga. While the Crown has a significant ongoing role, this is not something that it can or should lead. Our primary recommendation therefore focuses on the formation of a ‘Māori Transition Authority’ that can lay the foundations, and then guide and implement the change."
The Tribunal calls for the 'Māori Transition Authority' to be independent of the Crown with a primary purpose to identify changes "...to eliminate the need for State care of tamariki Māori." They note it must be established as a priority and they recommend the Crown assist the Authority with information and advice, and sufficient funding and administrative support. They noted that the Authority should not be limited by current policy and practice settings and recommend "The brief given to the Transition Authority should include power to consider and recommend, where appropriate, transfer of statutory functions and responsibilities where sought by a particular Māori community or organisation."
The Tribunal also recommend the governance group from the Māori-led inquiry along with the inquiry claimants and their counsel are the group who should start engagement with the Crown on the formation of a Māori Transition Authority. In relation to the Crown's role, they called for genuine partnership and wrote "...partnership in this context looks very different from a conventional policy development process or use of an independent expert panel to advise government."
The Tribunal noted that they do not support calls for the abolition of Oranga Tamariki saying that they believe there is a role at this time for Oranga Tamariki in relation to tamariki Māori currently in care, and "...a role for an Oranga Tamariki statutory social worker – backed by the Crown’s coercive powers." However, who holds and uses such coercive powers should be considered as part of their recommended transformation process.
The Tribunal also noted that witnesses from the inquiry provided proposals for legislative change that are worth considering as part of the reform process. The Tribunal has included these in an Appendix to the report. In addition, the Tribunal agreed with Action Point 2 and 3 from the Māori-led inquiry report Ko Te Wā Whakawhiti: It's Time for Change - A Māori Inquiry into Oranga Tamariki (2020).
For a brief summary see the Waitangi Tribunal Media Release: Tribunal releases report on Oranga Tamariki.
Response to the Tribunal findings and report
Lady Tureiti Moxon, Chair of the National Urban Māori Authority who was a member of the Governance Group for the Māori-led Inquiry said “I am absolutely mind blown by it – because everything we’ve been pushing hard for in terms of ‘by Māori, for Māori’ or mana motuhake and an independent Māori Authority, has been validated.”
Te Pūtahitanga o Te Waipounamu Pouārahi/CE Helen Leahy said “Not since the release of Pūao Te Ata Tū in 1986 has there been such an exhaustive summary of the myriad ways in which tamariki Māori and their whānau are failed by the system. She also said "We remain committed to the ideal that whānau solutions work; that designing approaches which are intergenerational in their scope and encourage collective ownership, are the key to ensuring every child is loved, safe in their sense of identity and belonging, and able to be nurtured in the essence of who they are."
Oranga Tamariki has acknowledged the report. Oranga Tamariki Chief Executive Sir Wira Gardiner was interviewed (listen to the full interview) by Waatea News about his response to the report. Sir Gardiner said they would be reviewing the report to make recommendations to the Government. He went on to say he has been asked to prepare a road-map for the next 4-5 years for Oranga Tamariki that will be submitted to the Minister in June along with the report from the Oranga Tamariki Ministerial Advisory Board.
In response to the report, Children's Commissioner Judge Becroft said “The Tribunal’s findings are an historic acknowledgment of the harmful impact of structural and systemic racism and of the consistent calls from whānau for change since 1925. This is a once in a generation opportunity to get it right for mokopuna and whānau Māori. We urge the Government to take it.” Assistant Māori Commissioner Glenis Philip Barbara said "The call for the Crown to ‘step back from further intrusion and allow Māori to reclaim their space’ and take responsibility to lead the transformation is in itself, transformational." The Office of the Children's Commissioner has previously called for a "total transformation" for the care and protection system including "a transfer of responsibility, resources and power from the state to appropriate Māori entities" in their 2020 report, Te Kuku O Te Manawa: Moe ararā! Haumanutia ngā moemoeā a ngā tūpuna mō te oranga o ngā tamariki.
Newsroom has reported comments from Minister for Children Kelvin Davis and Te Pāti Māori co-leader Debbie Ngarewa-Packer among others.
Related news
The Abuse in Care Royal Commission of Inquiry is inviting submissions on what changes could be made to redress processes for survivors of abuse in care. Submissions can be made by email or phone by 16 June 2021. The Royal Commission interim report Tāwharautia: Pūrongo o te Wā (December 2020) outlines the Commission's current view of the main general principles required to make redress effective. The Commission is now interested in looking at options for an independent redress scheme, and other changes.
Related media
OT cuts court ‘uplifts’ but new carers out-of-pocket, Newsroom, 01.06.2021
Change in mindset needed for Oranga Tamariki reform, Waatea News, 03.05.2021
Under your thumb no longer says Dame Tariana, Waatea News, 03.05.2021
Oranga Tamariki's failings exposed, Stuff, 01.05.2021
Waitangi Tribunal Oranga Tamariki recommendations: What the experts say, RNZ, 30.04.2021
Oranga Tamariki: Waitangi Tribunal recommends Māori authority to reform system, RNZ, 30.04.2021
Oranga Tamariki has breached Treaty, Waitangi Tribunal finds, The Spinoff, 30.04.2021
Moxon looking for Maori mokopuna authority, Waatea News, 30.04.2021
Waitangi Tribunal backs shift of care to Maori from Oranga Tamariki, Waatea News, 30.04.2021
Crown to step down, Māori to step up: Oranga Tamariki breaches Treaty, NZ Herald, 30.04.2021
Tribunal to politicians: Watch Newsroom’s video, Newsroom, 30.04.2021
Removal of Māori children breached Treaty - Tribunal, Newsroom, 30.04.2021
Govt criticised over delays to Oranga Tamariki reform, Newsroom, 08.04.2021
A collaboration between Waikato Queer Youth (WaQuY) and Hohou te Rongo Kahukura – Outing Violence (HTRK–OV)has resulted in new research on Healthy relationships and consent: through the lens of Rainbow identifying youth (2021).
The authors of the report note that:
"Recent Ministry of Education guidelines have significantly increased the encouragement for schools to provide safe places for young people with diverse sexualities and genders via culturally appropriate and inclusive sexuality education. The guidelines note that sexuality education must respond to shifting social norms around gender and sexuality.
In light of this context, it’s not surprising WaQuY has received persistent calls for support in healthy relationships from Rainbow young people. This project attempts to provide more information to address the gap between what is available and what we need."
They comment that:
"Perhaps the most challenging finding from our research is that Rainbow young people, particularly trans young people, are currently bearing the brunt of managing and protecting themselves from homophobia, biphobia and transphobia at home, at school and in the community. Being able to develop healthy identities and relationships in this context is very difficult indeed. Rainbow young people in our research talked about managing trauma from bullying and discrimination inside their relationships, families and friendship groups."
The report makes the following recommendations:
- "Rainbow young people need respect, space and information to support who they are
- Healthy relationships and consent education material and programmes for universal audiences must include diverse Rainbow identities and relationships
- Rainbow young people need visible pathways to support
- Delivery of healthy relationships and consent education material must support all Rainbow identities and relationships
- Rainbow young people need online resources about Rainbow relationships and consent
- Rainbow young people want healthy relationships material that supports friendships and other non-romantic relationships
- Peer pressure education must include pressure around sexuality and gender identity
- Development and dissemination of appropriate programs and materials must be guided by best practice supported by Rainbow educational facilitators."
The research builds upon earlier work undertaken by HTRK-OV, which included 18 community hui around Aotearoa New Zealand to ask Rainbow communities what was needed to address partner and sexual violence. Their report, Building Rainbow communities free of partner and sexual violence (2016), identified the need for resources and programmes appropriate for Rainbow people that focused on healthy relationships.
For information about takatāpui rangatahi (sexuality and gender diverse youth) see our previous news story about the resources developed by Dr Elizabeth Kerekere, Tīwhanawhana Trust and RainbowYOUTH to provide support and information for takatāpui rangatahi and their whānau.
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A new survey has been launched to gather information about what it’s like to be Rainbow (LGBTQIA+ MVPAFF) or a Rainbow ally/friend in Aotearoa New Zealand today.
The Identify Survey has been developed through a partnership of Rainbow researchers and youth organisations.
This is an online survey about the experiences of Rainbow young people aged 14-26 years in Aotearoa NZ. The researchers want to understand your experiences of education, employment, and community in order to make Aotearoa a better place for Rainbow young people and younger adults.
The research team say:
"We want to know about what is going well and what needs to change for Rainbow young people and young adults. This is your opportunity to share your experiences, both good and bad, and make your voice count. The survey is a partnership of Rainbow researchers and youth organisations. It is by us and for us and focussed on identifying ways to make the world a better place for our Rainbow whānau."
For more informtion about the survey you can contact the team at identifysurvey@auckland.ac.nz. The survey is available until 30 June 2021.
Update: Australia-based OurWatch updated their evidence paper on Respectful relationships education in schools (2021) and a brief for policy makers on Respectful relationships education as part of a national approach to preventing gender-based violence (2021).
Update: The US-based National LGBTQ Institute on IPV has published two new publications: Holding Space, Creating Safety, A Toolkit for Facilitating Conversations about Sexual and Intimate Partner Violence for Bisexual Peer Support Groups (2021) and "I didn’t think people would take me seriously”: The Help-Seeking Strategies, Experiences, and Preferences of LGTBQ Survivors of Domestic Violence (2021).
Related media
Govt delivers more wellbeing support to Rainbow young people, Beehive media release, 29.09.2021
How teachers are making classrooms safe spaces for LGBTQIA+ students, 14.06.2021
The government has launched work to develop a National Strategy and Action plans to eliminate family violence and sexual violence in Aotearoa New Zealand. The Joint Venture is coordinating this work.
This consultation starts on 12 May 2021 and ends on 30 June 2021. After the consultation, there will be hui with key stakeholders to bring together the feedback. It is expected a National Strategy and Action Plans will be delivered in October 2021.
The deadline to give feedback has been extended for people in the disability community to 12 July 2021. The consultation documents are now available in alternate formats on the Joint Venture website.
Information about how to give feedback is on the Joint Venture website: violencefree.govt.nz/have-your-say/.
How to give feedback and have your say
There are a range of different ways to give feedback during this stage:
- Send written feedback (Freepost) to:
Minister Marama Davidson
Freepost Parliament
Private Bag 18 888
Parliament Buildings
Wellington 6460 - An online survey
- Email your feedback to submissions@violencefree.govt.nz – you can write an email or send a video or audio recording
- Host a hui or conversation and share the outcomes with the Joint Venture – email nationalstrategy@violencefree.govt.nz for advice on organising a hui
For more information see the Joint Venture’s invitation to give feedback and an information pack on how to have your say.
Helping victim-survivors have their say
The Backbone Collective has also been contracted by the Joint Venture to provide an alternative way for people who identify as female, aged 16+, who have experienced family violence or sexual violence, to share their feedback on what should be included in a National Strategy and Action Plans.
Backbone believes that listening to victim-survivor voices is vital in making sure the system responds safely and effectively to family violence and sexual violence. They have developed a survey that enables victim-survivors that do not feel safe sharing their ideas directly with government to share their feedback on the National Strategy so that their voices are not absent or lost in the feedback process.
You can access the Backbone’s feedback survey here.
Responses will be anonymous. The survey will be open until 30 June 2021.
What feedback is the government asking for?
The government is asking for feedback about what needs to be done about family violence and sexual violence in Aotearoa New Zealand, and what needs to happen first. There are questions about what the National Strategy should include and what initiatives the Action Plans should prioritise.
The questions focus on a vision:
"Our vision is for the end of family violence and sexual violence in Aotearoa New Zealand - so that people are safe, well, and thriving."
The Joint Venture has also identified four principles:
- "Oranga whānau
- Mauri ora
- Healthy relationships
- Equitable and inclusive approaches"
and seven focus areas:
- "Recognise te ao Māori
- Bring government responses together
- Recognise tangata whenua leadership and community-led approaches
- Strengthen workforces to prevent and respond to family violence and sexual violence
- Increase the focus on prevention
- Develop ways for government to create changes
- Enable continuous learning and improvement."
The Joint Venture developed these from what they have learned from previous research, reports and conversations with people affected by and working in violence.
You can answer the questions. You can also give other feedback. If you don’t have much time, you can answer 4 questions about what you think.
Research and information to support the engagement process - new NZFVC portal
The government has asked the NZFVC to collate key research and information that can help support your feedback to the Joint Venture on a National Strategy and Action plans.
You can access this information through the new portal on the front page of our website.
Related media
Government hits massive milestone in Violence Prevention & Elimination, Beehive, 06.05.2021
Family and sexual violence challenged, Te Ao Māori News, 06.05.2021
Lived experience will inform anti-violence strategy, Waatea News, 07.05.2021
The Office of the Auditor-General (OAG) has outlined their proposed work programme in their Draft annual plan 2021/22. The plan sets out the proposed discretionary work programme. This is work the OAG does in addition to audits of public organisations. Feedback is invited on the proposed work programme outlined in Part 4 of the Draft annual plan.
The closing date for giving feedback on the plan is 28 May 2021.
The Draft annual plan is based on five key areas:
1. Providing assurance to Parliament and the public on the Covid-19 response and recovery
2. How well is the public sector improving the lives of New Zealanders?
3. How well is the public accountability system working as a whole?
4. Keeping New Zealanders informed about public sector performance and accountability
5. Sharing insights about what “good” looks like
For area 2 focused on the public sector, the draft annual plan identifies four priorities: improving outcomes for Māori; reducing family violence; improving housing outcomes; and improving education outcomes.
Pages 23-24 of the plan outline the OAG proposed work programme related to family violence:
"The Government has identified preventing and eliminating family violence as a priority in the wider effort to improve the well-being of New Zealanders.
In 2018, a cross-government joint venture was set up to work in new ways to reduce “family violence, sexual violence and violence within family/whānau”. The role of the joint venture is to help co-ordinate efforts and lead a whole-of-government, integrated response to family violence (and sexual violence in the context of family violence).
In 2019/20, we started a multi-year programme of work aimed at examining public organisations’ performance in achieving reductions in family violence. In 2021/22, we will continue our programme of work looking at how well agencies involved in the joint venture are working with the non-government sector to deliver services to help people affected by family violence and sexual violence.
In 2022/23, we intend to look at how well interventions are being implemented and service delivery performance more generally.
We intend to continue building our understanding of family violence, its costs to society, and whether the system responds effectively in ways that will lead to significant and sustained reductions. We plan to report at different stages of our work."
Under planned work in 2021/22 related to family violence, the draft plan states:
"Family violence and sexual violence: How well are agencies working together and with the non-government sector to deliver family violence and sexual violence services?
In 2021/22, we will continue our multi-year programme of work, with a view to examining how well the agencies involved in the joint venture are working together and with the non-government sector to deliver family violence and sexual violence services.
As part of this work, we expect to look at how public organisations are partnering with organisations delivering services to Māori and how the organisations are developing their capability to engage with Māori and understand Māori perspectives in their work.
We envisage that this work will include looking at the effectiveness of work with service providers that support population groups that can find accessing family violence and sexual violence services difficult (for example, Pasifika, people with disabilities, and migrant communities).
We expect to use a combination of approaches in carrying out this work. This will likely involve a mix of performance audit, data analysis, and research."
Pages 22-23 outline the proposed work programme related to improving outcomes for Māori:
"The public sector has an important role in building a successful and effective relationship between Māori and the Crown and contributing to improved outcomes for Māori. Public service leaders are required, under the Public Service Act, to develop and maintain the capability of the public service to engage with Māori and understand Māori perspectives.
Other existing requirements are also targeted at improving public sector performance. For example, Te Ture mō Te Reo Māori 2016 provides guidance for departments of state on the use of te reo Māori. The Māori Language Strategy sets a vision that, by 2040, more New Zealanders will value, speak, and use te reo Māori.
We are interested in how effectively the public sector is contributing to improved outcomes for Māori. There have been many government initiatives and targeted funding for particular issues. We want to understand what has been achieved for the investment that has been made. In 2021/22, we also intend to talk with Māori to gain their perspectives on the outcomes that matter most for Māori. We expect the results of this work, alongside the work we have carried out to see what has already been achieved, to inform the choices that we will make about where to focus our work in this area.
We will also continue our work on Māori perspectives on accountability, including researching what effective public accountability looks like for Māori. This work builds on our broader programme of work on how the accountability system as a whole is working for New Zealanders.
We also plan to revisit our 2015 performance audit of Whānau Ora. For that audit, we described what Whanau Ora was, looked at how it was funded, how much had been invested, and how much had been spent. This work will examine how effectively commissioning and delivery organisations are now using the Whānau Ora approach to help whānau achieve positive outcomes."
For the planned work for 2021/22 related to outcomes for Māori the draft plan states:
"Understanding how well the public sector is delivering the outcomes that matter for Māori
We will carry out work in 2021/22 to identify areas of significant investment targeted toward improving outcomes for Māori and compare that with the results that have been achieved.
We also intend to talk to Māori to gain their perspectives on where we should focus in order to support the public sector to deliver improved outcomes for Māori.
Māori perspectives on accountability
We plan to complete our research project exploring Māori perspectives on what effective public accountability looks like. We are interested in learning more about the range of Māori views and how the public sector can build and maintain the trust of Māori. This research will build on what we have learned from our previous research into public accountability. It will inform the choices we make about future topics or areas for attention in our priority area: improving outcomes for Māori. We intend to publish our research.
Whānau Ora: What has been achieved?
In 2015, our work was focused on understanding the Whānau Ora approach and what the Government had invested. Revisiting our 2015 performance audit, we will examine how effectively commissioning and delivery agencies use the Whānau Ora approach to help whānau achieve positive outcomes."
In addition, under key area three, focused on public accountability, the OAG proposed work programme includes the first audit of Operation Respect. On page 29 of the draft plan it states:
"Operation Respect was first launched in 2016. It is aimed at eliminating inappropriate and harmful behaviours and sexual violence in the New Zealand Defence Force (NZDF). In 2020, an independent review into the programme recommended that the Minister of Defence request the Auditor-General to carry out an audit of the NZDF’s progress in regard to Operation Respect’s specific outcomes every two years for 20 years.
We will carry out the first audit in 2021/22. The audit will focus on what NZDF has put in place to address the recommendations from the independent review to ensure that the objectives of Operation Respect can be achieved."
Send feedback on the plan by email to enquiry@oag.parliament.nz by 28 May 2021.
For more information see the Office of the Auditor-General's media release.
Related media
When will the abuse end for NZ's servicewomen?, Stuff, 02.05.2021
Minister of Internal Affairs Jan Tinetti announced changes to the terms of reference for the Royal Commission of Inquiry into Abuse in Care. The changes include narrowing the scope of the Royal Commission and changing some of the reporting timelines.
The Beehive media release states that "Cabinet has adjusted the Royal Commission’s terms of reference by:
- Allowing the Royal Commission a small extension of up to five months to give it time to complete its final report back by June 2023,
- Moving the due date forward to October 2021 for its report on redress for survivors of historical abuse and how the redress process can be improved, so Government can move more quickly to make improvements, and
- Narrowing the Royal Commission’s scope by removing the requirement for it to look at modern-day care policy settings to avoid duplication with other reviews already underway, and so it can focus on the causes, extent and nature of historical abuse in care."
Minister Tinetti said the changes would ensure the Commission could deliver the final report in 2023. She said:
“I reflected on what the Royal Commission was originally tasked with and whether that scope remains appropriate. And in doing so, it became clear that some adjustments are necessary, so the Royal Commission can complete its job by 2023.
“Since the Royal Commission was established, there have been a number of reviews and investigations into contemporary State care issues, which have significant overlaps and risk duplication with the Royal Commission’s work.”
The Royal Commission issued a statement in response to the announcement. The Royal Commission said they would speak to Minister Tinetti "...to clarify the nature and extent of this change and the implications for survivors and those currently in care." The Commission also said "It is imperative that any changes to current care systems and practices be informed by past learnings. Our recommendations about these will be outlined in our reports, including the final report."
RNZ has reported that advocates and survivors have criticised the decision.
The original terms of reference were confirmed in 2018. These confirmed the inquiry would focus on people who were in care between 1950 and 1999, but also allowed the Commission to hear from people who were in care at any point after 1999 or currently in care.
Update: The Abuse in Care Royal Commission Inquiry published a media release in July 2021 about the changes to the Terms of Reference being finalised. It states:
"Changes to the Abuse in Care Royal Commission’s Terms of Reference confirm the Inquiry can make recommendations to help avoid future abuse based on the lessons of the past, and to improve redress systems. To inform those recommendations, the Inquiry can continue to hear from survivors about issues and experiences up to the present day."
It also states:
"The Government has now finalised further changes, which:
-continue the discretion to allow the Royal Commission to consider issues prior to 1950 and after 1999 for the purposes of making recommendations on redress, or to ensure that factors that allowed abuse to occur in care do not persist.
-remove the Royal Commission’s mandate to examine current frameworks to prevent and respond to abuse in care, including current legislation, policy, rules, standards and practices."
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In January 2021 Minister for Children Kelvin Davis established a new Oranga Tamariki Ministerial Advisory Board to provide independent advice "...across three key areas of Oranga Tamariki: relationships with families, whānau, and Māori; professional social work practices; and organisational culture." The Board members are Sir Mark Solomon, Dame Naida Glavish, Shannon Pakura and Matthew Tukaki. An initial report is expected from the Board by 30 June 2021. Also in January 2021, Grainne Moss resigned as Chief Executive of Oranga Tamariki. Sir Wira Gardiner has been appointed as acting Chief Executive for a six month contract. For more information on the changes, see Moana Maniapoto's interview with Sir Wira Gardiner in Series 3 Episode 6 of Te Ao with Moana. Also see the media below for more information.
Closing submissions were provided to the Waitangi Tribunal urgent inquiry Oranga Tamariki claim (Wai 2891) in February 2021.
Related media
Claimant wants role in agency’s change, Otago Daily Times, 09.07.2021
Woman's search for answers after child abused in CYF care, NZ Herald, 09.07.2021
Deadline hampers abuse inquiry, Waatea News, 08.07.2021
Abuse in care: Children's Commissioner urges govt to re-instate breadth of inquiry, RNZ, 08.07.2021
Most children in Oranga Tamariki oblivious of abuse complaints outcome, RNZ, 07.07.2021
Royal Commission into Abuse in Care blows $56m budget, RNZ, 23.04.2021
Rebuild of Oranga Tamariki underway following years of turmoil, One News, 28.03.2021
Uplift of newborn babies falls to lowest point in five years, Stuff, 21.03.2021
Finding whakapapa: The generational trauma of closed Māori adoptions, The Spinoff, 18.03.2021
Oranga Tamariki directed to change its ways - Minister Kelvin Davis, RNZ. 10.03.2021
GP steps in to stop uplift of three children, including breast-fed 3-month-old, Stuff, 09.03.2021
Oranga Tamariki and Rotorua iwi appoint specialist Māori role, Rotorua Daily Post, 27.02.2021
Oranga Tamariki re-thinks its uplift policy, Newsroom, 23.02.2021
Outdated adoption law set for change, Newsroom, 18.02.2021
Stronger whānau key to Oranga Tamariki reform, Waatea News, 17.02.2021
Survivors' voices missing from Oranga Tamariki review, Waatea News, 28.01.2021
Govt moves again on Oranga Tamariki, Newsroom, 27.01.2021
Racism in Oranga Tamariki not over yet, says Lady Moxon, RNZ, 25.01.2021
Moss exit the first step in transforming Oranga Tamariki, Newsroom, 22.01.2021
Abuse, torture and a deep state campaign of denial, Newsroom, 16.10.2020
High Court Justice Rachel Dunningham considered whether it was within the scope of the District Court Act 2016 to direct that only judicial officers should hear bail applications involving family violence charges, and not Registrars.
In her March 2021 ruling, Justice Dunningham found that the "The directions made by the District Court requiring any decision on bail applications on family violence charges to be made by judicial officers only, are unlawful." As a consequence of the finding, she quashed the directions.
She found that the District Court "...did not have the power to prohibit Registrars from dealing with applications on family violence charges." Justice Dunningham noted:
"[44] The power to make directions and set standards for best practice and procedure in the District Court must be exercised consistently with the relevant statutes which govern the practice and procedure of that Court. Through the provisions of the District Court Act, the Bail Act and the Criminal Procedure Act, Registrars have authority to make decisions on family violence bail applications where the prosecution does not oppose. That authority cannot be removed by a direction or decision made under s 24(3)(i)."
Section 24(3)(i) from the District Court Act 2016 allows the Chief District Court Judge to "make directions and set standards for best practice and procedure in the court."
Judge Walker provided an affidavit for the High Court that outlined how the District Court developed the current process. In 2014 the Chief District Court Judge at the time gave Judge Walker the responsibility for leading the District Court response to family violence. During that work Judge Walker became aware of a man who had been convicted of murdering his wife while on bail in relation to a family violence charge. The man had been granted bail by a Justice of the Peace, and bail was renewed by a Judge when the man appeared on a breach of bail. In both situations, police had not opposed bail. Because police had not opposed bail, the Court had not received information about the alleged facts, the defendant’s history, or the victim’s circumstances. Judge Walker also became aware that Registrars were routinely granting bail in family violence cases when unopposed with little information about the case.
As a result, Judge Walker developed a minimum list of information that should be considered in decisions of bail on family violence charges. From this work, the Family Violence Bail Report (FVBR) was developed and piloted. As the pilot developed, guidance indicated that Registrars should not deal with family violence bail applications.
In Justice Dunningham's ruling, she noted that Judge Walker emphasised victim safety as the driver for the FVBR pilot. She noted that "He [Judge Walker] says that experience has shown that the greatest level of unidentified risk lies in the unopposed bail applications when information is lacking."
She went on to quote Judge Walker regarding the reasons that Registrars should not handle family violence bail decisions:
"Registrars have not had the education in family violence bail risk assessment, and it has always been the position of the Chief District Court Judge and myself, when the process was developed, that while Registrars have the statutory power to grant unopposed bail in family violence cases, the safety of complainants and victims dictated that they ought not to do that work. This has been communicated to all participants in the Courts where the process has been established as a key part. Our concern was to ensure that the power could be safely exercised."
While Justice Dunningham found the direction unlawful, she also noted:
"[46] That is not to ignore the concerns of the District Court judiciary. Clearly there were good reasons for requiring bail applications to be based on full information, which the FVBR now provides to the decision-maker. There was also a need to provide education to those making decisions on such matters so they were alert to relevant risk factors identified in the FVBR. That said, I consider the District Court had other options to address the concerns they had."
In her ruling, Justice Dunningham also considered whether the directions were unreasonable. She found that "Indeed, but for the illegality I have identified above, they are manifestly reasonable for the reasons set out in Judge Walker’s affidavit."
As a result of the ruling, current Chief District Court Judge Taumaunu has told media outlet Stuff:
"As a result, this week I advised all District Court Judges and the Ministry of Justice that the previous best practice directions issued by or on behalf of my office, requiring registrars to refer those cases to judges for decisions, are revoked pending further direction from my office.”
Stuff media has also reported that Judge Taumaunu said the FVBR would continue to be rolled out nationwide and should be completed by the end of April.
Update: In a June 2021 decision, the Court of Appeal set aside this High Court judgment ([2021] NZCA 353). The Court of Appeal concluded that the direction made by the District Court requiring any decision on bail applications on family violence charges to be made by judicial officers was legal.
Update: A decision from the Supreme Court in November 2021, dismissed further appeal regarding this case. Following this decision, Chief District Court Judge Heemi Taumaunu issued a directive effective 17 November 2021 that:
"1. In relation to any proceeding where a defendant is charged with a family violence offence, Registrars (which includes Deputy Registrars) are not to consider any application for bail or any application for the variation, deletion, or addition of any condition of bail.
2. Such applications are to be referred to a Judge or Community Magistrate or, where those judicial officers are unavailable, to a Judicial Justice of the Peace for determination."
Additional background and new research
The Family Violence Death Review Committee (FVDRC) recommended in their fourth report (2014) that training and detailed information be provided to judges to support decision-making in family violence cases. The Committee recommended:
"The Ministry of Justice, in partnership with New Zealand Police, strengthen the criminal and appellate court's ability to respond effectively to family violence charges by facilitating the provision of comprehensive information to judges to aid safe and robust decision-making. This includes the provision of:
-criminal conviction histories, which clearly identify family violence offending, as well as who the victim(s) are - one intimate partner or multiple, and/or related children
-IPV [intimate partner violence] risk information (regarding assault and lethality) and risk management analyses
-information for bail applications that documents family violence offending histories and identifies harmful patterns of relating, including the number of protection orders against the defendant."
New research from the FVDRC also highlights the role of family violence expert evidence and argues for the need for adequately trained and experienced specialists to provide that evidence within the criminal jurisdiction of the District Court and High Court in Aotearoa New Zealand. Researchers Mark Henaghan, Jacqueline Short & Pauline Gulliver conclude that:
"Without there being a contemporary, comprehensive understanding of family violence amongst judges, police prosecution and defence lawyers, expert evidence from trained and experienced specialists is required. To enhance the educative role of family violence expert evidence, such evidence should be called by the court in criminal cases considering offending by one family member against another. Consideration should be given to an inquisitorial approach to family violence expert evidence."
Related media
Feeling belittled and marginalised in the Family Court, Newsroom, 30.08.2021
Judges avoid censure in complaints system, Newsroom 28.04.2021
Family Court failings, Gisborne Herald, 28.04.2021
Calls for compensation, training, specialist response, Gisborne Herald, 28.04.2021
'She was failed': Experts call for investigation into case of 'Mrs P', Stuff, 22.04.2021
Mrs P shouldn't be made a victim again, Stuff, 20.04.2021
No compensation for abuse victim's wrongful conviction - minister, Stuff, 16.04.2021
Family violence court cases: How a vital ingredient is missing, Stuff, 16.04.2021
Abused wife condemned by judge, then wrongly convicted of perjury, Newsroom, 15.04.2021
Stalemate: New Zealand rejects UN over Family Court review, Stuff, 26.03.2021
He had a QC, she couldn't afford a lawyer. Is that justice?, Stuff, 22.03.2021
They can't win: How an old idea about women puts them in danger, Stuff, 20.03.2021
Pukekohe deaths: Bailed man should 'never have been loose in the world', Stuff, 16.03.2021
Pukekohe deaths: Suspected murder suicide followed family violence, bail breach, Stuff, 14.03.2021
United Nations gives New Zealand a 'fail' grade in Family Court review, Stuff, 11.03.2021
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