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The Government has announced additional funding for family violence services for the first time in 10 years.
The additional $76.157 million will be spread over four years. It will primarily go to direct family violence service providers funded by the Ministry of Social Development. Of this, $72.497 million will be split between 'Stabilising current services' and 'Filling gaps in service delivery.' The remaining $3.660 million will go towards 'Funding for service development, co-design and evaluation.'
The announcement was made by Prime Minister Jacinda Ardern and Minister for Social Development Carmel Sepuloni at a breakfast hosted by the Salvation Army.
The Ministry of Social Development (MSD) website provides more detailed information about the funding allocation on stabilising current services:
"In each of 2018/19 and 2019/20, MSD will invest an additional $6.590 million to increase funding for family violence service providers that currently have contracts with the Ministry of Social Development (MSD) to provide direct family violence services.
Services that most directly respond to the needs of victims, perpetrators and their families will get extra funding in 2018/19 and 2019/20. These are:
- Family and whānau services, including longer-term recovery, counselling and safety planning
- Programmes for self-referred, non-mandated perpetrators of family violence
- Immediate crisis response and support services for victims of family violence (and their children, where present), and
- Longer-term psychological recovery services for victims."
The additional funding will be applied to contracts from 1 July 2018.
Currently MSD-funded services that will not receive increased funding include helplines, elder abuse services, family violence networks, capability building work and prevention programmes.
In 2019/20, $15.379 million will be used for Filling gaps in service delivery. The allocation of this funding will be informed by the development of a new Family Violence Funding Strategy. MSD has begun working on developing the new strategy with the sector. For more information about this work, see MSD's frequently asked questions. You can also find out how providers can get involved or contact Family_Violence_CPP@msd.govt.nz.
Minister for Social Development Carmel Sepuloni said:
“Nearly half of those receiving the increase are women’s refuges who provide vital support keeping women and children safe. The 30 percent increase in funding is critical to the Government’s efforts to begin to turn around New Zealand’s tragic family violence record. Additional funding in 2019/20 will enable these critical front line agencies to expand into areas where there isn’t currently any support or start addressing over demand in existing services."
Women's Refuge was "ecstatic" and "relieved" with the news, saying:
“We are immensely relieved that this government is financially committed to addressing the chronic underfunding of these critical services to vulnerable women and children.”
Women's Refuge also said:
“Our baseline funding has remained static for the last nine years, and while the previous government has made significant progress in the justice area, particularly for victims of family violence, we are pleased to see this government adequately funding the vital services we provide around the clock to families around Aotearoa.”
Other non-government organisations (NGOs) that provide family violence services have also welcomed the news. Services such as Shakti, Barnardos, the Salvation Army and Rotorua Family Focus made comments including that without increased funding they have struggled to meet demand, been on the verge of closing and have had to reduce services and staff.
The announcement comes ahead of the release of the Government's full 2018 Budget details to be announced on 17 May 2018.
Background information
In 2016, Jan Logie, now Parliamentary Undersecretary Justice (Sexual and Domestic Violence Issues) shared results of a survey she carried out of women's refuges. That survey found that "... of the 20 organisations, more than half have been forced to cut services and/or staff in the past 6 years due to a lack of funding. Nearly all said that there are needs now in their communities that they can't respond to."
See our past stories about funding of family violence, sexual violence for more information about previous government funding for family violence:
Lead up to Budget 2016 - Govt announces funding cuts, increases and reprioritising, May 2016
2016 Budget: No new family violence money, Family Violence Networks refunded, May 2016
ComVoices 2016 State of the Sector Survey finds community organisations struggling, November 2016
Additional Government funding for police, courts and corrections, February 2017
Budget 2017 - Family violence funding focused on continuing pilots, May 2017
Selected media
Budget: Tauranga social services pleased with $76m funding boost, NZ Herald, 17.05.2018
Frontline domestic violence services get first boost in 10 years, Stuff, 09.05.2018
Frontline family violence services boosted $76m by Govt, Māori Television, 09.05.2018
Additional $76mil for social services announced, Māori Television, 09.05.2018
Minister for Social Development Carmel Sepuloni has announced the Government is seeking feedback on its proposed approach to "investing for social wellbeing," and a policy for the protection and use of personal information.
From May to August 2018, the Social Investment Agency (SIA) will be talking with non-government organisations (NGOs), government agencies and people who use social sector services at public hui around the country.
Specifically, the SIA will be asking about:
"1. The Government's proposed approach to investing for social wellbeing
2. The protection and use of personal information in the social sector"
An initial list of hui is on the SIA website. More hui will be added to the list as they are scheduled.
Feedback from these hui will inform the Government’s approach to "investing in social wellbeing" and a draft policy for the social sector about using and protecting the personal information of people who use social services. The draft policy is expected to be available near the end of 2018 and finalised in 2019.
“We will be working with the social sector to develop a single shared set of rules and tools for the use and protection of personal information in the social sector. This Government firmly believes in consulting people about decisions that impact them. There is more data available than there has ever been before, but there is confusion about when it is appropriate to collect and share that data."
You can find more information on the SIA website.
Social Service Providers Aotearoa (SSPA) has welcomed the news and released a briefing paper. The paper, Government Consultation Forums - Investing in Social Wellbeing Data Protection and Use - SPPA Briefing Paper (2018) provides background information. The paper then outlines SSPA's position on each issue and suggests questions for providers to consider.
The Privacy Commissioner also welcomed the news saying it is a "good first step towards regaining the trust of vulnerable communities and the social sectors which work with them." The Privacy Commissioner was critical of the previous Government's approach to data collection as "excessive and inconsistent with the privacy principles" in a report after a 2017 inquiry.
Update: The Social Investment Agency has published two engagement summaries from the Your voice, your data, your say project. A summary report is expected in November 2018.
Background information
Ms Sepuloni announced earlier in 2018 that this Government would not continue with the plan to collect individual client level data (ICLD) from NGOs. The previous Government had announced a new requirement for social service NGOs to provide ICLD in order to receive funding. A number of organisations and the Privacy Commissioner had raised serious concerns about the approach. For background information on ICLD and the previous Government's "social investment" strategy, see our previous news stories:
Individual client data, social investment, Whānau Ora & more - new government policy directions
MSD releases documents related to requiring individual client level data
Updates, events and resources on "social investment" approach
Privacy Commissioner's report criticises MSD collection of individual client level data
Related news
New Privacy, Human Rights and Ethics framework
The Ministry for Social Development has designed a new Privacy, Human Rights and Ethics framework (PHRaE). Minister for Social Development, Carmel Sepuloni said this is "a set of tools that users of information can utilise to ensure privacy, human rights and ethics have been considered from the design and development stage of an initiative."
Ms Sepuloni said:
"The PHRaE helps those designing services to question whether it is ‘right’ to use information just because there is access to it. Answering these questions can be complex and challenging but it is essential. In many cases information shared with MSD can be deeply personal and sometimes disclosed in situations of particular vulnerability. I want to see a culture at MSD where people are treated with dignity and respect and this has to extend to how we collect and use people’s information."
The Minister said the PHRaE has been developed for use by MSD but over time could be used across government.
New report from the Human Rights Commission
The Human Rights Commission has published a new report. Privacy, Data and Technology: Human Rights Challenges in the Digital Age (2018) provides an overview of domestic and international human rights principles that relate to advances in digital technology. It also talks about safeguards and emerging trends, including the use of "big data" and the social investment approach.
Other news
The Government is currently consulting on the Privacy Bill. Submissions are open until 24 May 2018. The Ministry of Justice has prepared a Regulatory Impact Statement, Additional decisions for the Privacy Bill.
It is Privacy Week in New Zealand, 7-11 May 2018. The Privacy Commission held a Privacy Forum on 9 May 2018.
Earlier in 2018, Treasury published a series of discussion papers to promote and support conversations about wellbeing measures for Aotearoa New Zealand.
In Australia, new Victorian legislation will create a child information sharing scheme that gives multiple agencies access to information to help keep children safe. The Children Legislation Amendment (Information Sharing) Act 2018 is one of the many outcomes from the Victorian family violence reforms.
Update: Stats NZ is inviting public feedback on the development of well-being indicators called Indicators Aotearoa New Zealand.
Update: Ara Taiohi and ActionStation have published a report on youth wellbeing in Aotearoa New Zealand: Ngā Kōrero Hauora O Ngā Taiohi: A community-powered report on conversations with 1,000 young people (2018).
Selected media
Do you know what data is being collected about you?, Press Release: Maori Council, Scoop, 07.11.2018
Wellbeing's role in government policy, Beehive Press Release, 07.09.2018
Wellbeing indicators should guide policy, BusinessDesk, Scoop, 07.09.2018
What will the Wellbeing Budget change?, Newsroom, 06.09.2018
Claims approval process documents released, ACC Press Release, 22.08.2018
'Social investment' and Government's data chop-shop to remain under Labour, Stuff, 22.06.2018
Data exchange could move power to communities, Waatea News, 01.06.2018
South Auckland hosts the first data and social wellbeing hui, Beehive Press Release, 31.05.2018
Government to undertake urgent algorithm stocktake, Beehive Press Release, 23.05.2018
New series explores how to foster wellbeing for Kiwis, Press Release: Deloitte, Scoop, 14.05.2018
Social investment will lead to more Māori in youth court, The Spinoff, 12.05.2018
Govt not trusted with NZers' personal data - Minister, Radio NZ, 08.05.2018
Sepuloni rethinks social investment approach, Waatea News, 08.05.2018
Government to revise NGO data sharing policy, Herald, 07.05.2018
Govt calls for public's views on social services, Radio NZ, 07.05.2018
'It was a failure': Government to review NGO data sharing, Newshub, 07.05.2018
Govt sharpens social investment focus on wellbeing, BusinessDesk, Scoop, 07.05.2018
NZ needs Govt data-mining watchdog, experts say, Herald, 22.04.2018
Privacy Bill to protect and promote privacy risks, Beehive press release, 11.04.2018
Treasury lifts lid on wellbeing work, Newsroom, 22.02.2018
New Government puts Social Investment approach for vulnerable Kiwis under review, Stuff, 08.11.2017
Controversial data-for-funding plan scrapped, Radio NZ, 07.11.2017
The New Zealand Family Violence Clearinghouse has published a selected bibliography (reading list) on mental health, addiction, trauma, violence and abuse.
The research can be used to support your submissions to the Government Inquiry into Mental Health and Addiction - Oranga Tāngata Oranga Whānau and more generally in policy, practice and advocacy work.
Mental health, addiction, trauma, violence and abuse: a selected bibliography includes research on:
- Links between abuse/violence, mental health issues, addiction and suicide (including child abuse and neglect, intimate partner violence and sexual violence)
- Improving service responses to people and whānau who have experienced abuse/violence and mental health or addiction issues
- Historical trauma and trauma-informed care
- Kaupapa Māori approaches
- Issues and responses for Pacific and Asian communities, disabled people and Rainbow/LGBTTIQ+
- Consumer movement, Mad Studies
- Structural and social inequities, power
- Preventing abuse/violence and suicide
We encourage you to explore the list and consider how you could use in your work.
For further information or questions, please contact the Information Specialist.
For further information about the Government Inquiry into Mental Health and Addiction - Oranga Tāngata Oranga Whānau, see our previous news story on the Inquiry.
The website and consultation document for the Government Inquiry into Mental Health and Addiction - Oranga Tāngata Oranga Whānau have been launched.
The Clearinghouse has published a reading list on the links between abuse/violence, trauma, mental health issues and addictions, to support your submissions to the Inquiry.
Inquiry website and consultation document
The website, www.mentalhealth.inquiry.govt.nz, provides information about the inquiry, how to give feedback, the consultation document, public meetings and where to go for support.
The consultation document explains how to give feedback. It is available as a PDF in English and various other languages including te reo Māori and NZ Sign Language (see links to the right). It is also available in accessible formats such as Easy Read.
The panel is asking for feedback on five questions:
- "What’s currently working well?
- What isn’t working well at the moment?
- What could be done better?
- From your point of view, what sort of society would be best for the mental health of all our people?
- Anything else you want to tell us."
The deadline for written submissions is 5 June 2018.
To learn more about what is and is not included in the Inquiry, see the summary version of the terms of reference. The introduction to the consultation document states:
"Overall, we want to hear your ideas about solutions that might help to:
- build positive mental wellbeing for all New Zealanders
- help people to deal with mental health challenges early (before specialist treatment is required)
- enable people to avoid becoming addicted to something that causes harm
- prevent people from taking their own lives
- make it easier and faster to identify when someone is facing mental health or addiction challenges and get them help more quickly
- improve the quality of the support and interventions given to those who need it, and
- any other ideas about how to improve mental health and wellbeing in Aotearoa."
Chair of the Mental Health and Addiction Inquiry Ron Paterson, said:
“This is a once in a generation opportunity to deliver a solutions based report that generates hope and set a clear direction for the next five to ten years that Government, the mental health and addiction sectors, and the broader community can pick up and implement."
A series of hui, fono and public meetings are running around the country from now until July 2018.
The Inquiry was to report back by October 31 but this has been extended, and they will now report back by November 30.
Update: The final report from the Inquiry has been delivered to the Government. Health Minister Dr David Clark said the report would be released publically by the end of year. The Government is planning to formally respond to the Inquiry report in March 2019.
Research on mental health issues, addictions, trauma, violence and abuse
The Clearinghouse has published a reading list on the links between abuse/violence, trauma, mental health issues and addiction, to support your submissions.
Also see The Backbone Collective Submission to the Inquiry into Mental Health and Addiction (2018).
Selected media
Sister's suicide sparks Taranaki mother's crusade to end violence against women, Stuff, 07.12.2018
Mental health working group 'dominated by DHBs' - advocates, Radio NZ, 29.11.2018
Māori voices needed in mental health reform, Waatea News, 29.11.2018
Te Rau Matatini Advocating for the Māori Voice, Press Release: Te Rau Matatini, Scoop, 05.10.2018
Government saddened by suicide statistics, Beehive Press Release, 24.08.2018
New Zealand suicides highest since records began, NZ Herald, 24.08.2018
Number of deaths by suicide increase for fourth year in a row, Radio NZ, 24.08.2018
Mental health support workers to receive pay increase, Radio NZ, 25.07.2018
Free counselling pilot for 18-25 year olds a step closer, Beehive Press Release, 23.07.2018
Government announces $10.5m mental health pilot for 18-25-year-olds, NZ Herald, 23.07.2018
Police disappointed after mental health pilot dropped, Radio NZ, 16.07.2018
Police ditch plan to send mental health workers on crisis callouts, Radio NZ, 15.07.2018
Police mental health plan victim of funding cuts under new Government, Stuff, 15.07.2018
Will the inquiry really be the saviour of the mental health system?, Stuff, 27.05.2018
Young children pushed to the brink by family violence, Radio NZ, 22.05.2018
Calls to examine link between domestic violence and youth suicide, NewstalkZB, 22.05.2018
Psychiatrists not recognising domestic violence cases study finds, ABC Radio Sydney, 12.05.2018
Māori students want better mental health support at uni, Māori Television, 11.05.2018
NZ mental-health inquiry starts, Otago Daily Times, 30.04.2018
Focus needed on community based mental health services, Radio NZ, 27.04.2018
Mental health inquiry urged to work as fast as possible, Manawatū Standard, 27.04.2018
'I believed I was worth nothing and no-one would ever want me', Stuff, 27.04.2018
Suicide factor in young Maori death rate, Waatea News, 27.04.2018
Kids in poorest areas three times more likely to die - report, Newstalk ZB, 26.04.2018
Concerns over mental health phone line, Radio NZ, 26.04.2018
Manawatū to present submission on Mental Health Inquiry, Māori Television, 26.04.2018
New Zealand's young activists need to step up for mental health, Stuff, 09.04.2018
The mental health inquiry - a call to action for Pasifika, LeVa website, 30.01.2018
Mental health review to look at services and equity of access - Govt, Stuff, 23.01.2018
The Ministry of Social Development's (MSD) email update on "sexual harm" service development is now called the Family Violence and Sexual Violence Service Provider Update.
These regular emails provide an update on MSD work to further develop specialist sexual violence services and will now include updates on a new work programme to strengthen family violence services.
This latest update includes information about the new work programme to strengthen funding and delivery of Ministry-funded family violence services:
"As the Ministry is a major funder of family violence services we are keen to build on this momentum. We want to see a future where providers are sustainably funded and services are whānau-centred, outcomes-focused and integrated."
The Ministry will work with providers and communities to develop a Family Violence Funding Strategy for Ministry-funded services.
This will not affect current funding. MSD says "Any changes to the way the Ministry funds family violence services are not going to be immediate, they are about paving the way for the future approach to the funding and delivery of family violence services." (see link to FAQ below)
The first stage of this work has begun. It involves meeting with selected providers to learn more about current service delivery, gaps, effectiveness and outcomes.
MSD will also conduct a confidential anonymous survey to allow all providers of Ministry-funded family violence services to have their say. The survey is expected to be out in May 2018. The analysis of the findings and development of the new funding strategy are then expected to be carried out between July and September 2018.
MSD notes:
"Understanding how the system currently responds to specific population groups will be important to inform MSD’s future funding of family violence services. We have ensured there is a good representation of Kaupapa Māori providers in the sample of providers. We will also be engaging with the sector and services that support Pacific peoples, elderly people, migrant and refugee groups and people living with disabilities."
There is no mention of Rainbow/takatāpui (LGBTTIQ+) people or communities.
MSD currently provides funding to 176 providers, for services for whānau and families, victims and non-mandated perpetrators, with the contracts managed by Oranga Tamariki Ministry for Children.
Find more information see MSD's frequently asked questions about the new work programme and find out how providers can get involved or contact Family_Violence_CPP@msd.govt.nz.
Other updates include:
- The Safe to talk - He pai ki te kōrero helpline to provide free and confidential support to people affected by sexual harm and violence has been launched.
- Efforts are continuing to fill geographical gaps in sexual harm crisis support services with contract negotiations about to start.
- Analysis has been completed of feedback from providers on the Sexual Harm Crisis Support Service Guidelines. MSD will provide an update in the next newsletter and notify contracted providers directly if there are changes to the guidelines. Any changes would take effect from 1 July 2018.
- A Reporting Guide has been published to help service providers answer questions under the Results Measurement Framework.
- Te Ohaakii a Hine - National Network Ending Sexual Violence Together (TOAH-NNEST) Tauiwi Caucus and Malatest International are running free workshops for sexual violence service providers around the country in May and June 2018. These will cover the ‘Learning Hub,’ Tauiwi pilot crisis support online beginner course and evaluation of specialist sexual harm services.
- Malatest International is continuing work on evaluating sexual violence services. This has included meeting with providers and distributing a workforce survey. Future work will aim to include the client voice. Malatest will provide summary feedback at the TOAH-NNEST workshops.
For more information
Read the 2 May 2018 full update on the MSD website. You can also read all past updates and sign up to receive future updates.
Also see the latest update from the Government’s cross-agency family violence and sexual violence work programme.
Related news
In Victoria, Australia the Ending Family Violence 10 year plan acknowledges the importance of specialist family violence services. It commits to building the capacity and capability of specialist services and providing effective resourcing. For further information see the previous NZFVC new story "Unprecedented" investment in family violence prevention in Victoria, Australia.
The latest update from the Government’s cross-agency family violence and sexual violence work programme gives information about a number of activities. Key points are summarised below.
The update includes information on:
- A speech about the Government's work on domestic and sexual violence from Under-Secretary Jan Logie
- Ministry of Justice receives DVFREE Tick for workplace policy and training
- New Police approach to "family harm"
- Resources to support the Workforce Capability and Risk Assessment and Management Frameworks
- Integrated Safety Response pilot updates - training and evaluation
- Updates on changes related to the Family and Whānau Violence Legislation Bill
- Aligning Justice and Corrections contracts
- Launch of new Safe to talk - He pai ki te kōrero helpline
Jan Logie, Under-Secretary for Domestic and Sexual Violence speaks about Government work
On International Women’s Day, Parliamentary Under-Secretary to the Minister of Justice (Domestic and Sexual Violence) Jan Logie spoke to advocates about her vision and the Government's work to tackle domestic and sexual violence. The cross agency update shares comments from Ms Logie:
“As we finalise the priorities for the work programme for this term of Parliament, I am drawing on the knowledge of many and I’m pleased to hear some consistent messages coming through. People are talking with me about the importance of good law, enabling behaviour change so that people know what we need them to do, ensuring government agencies work together, investing in prevention, hearing victims’ voices, kaupapa Māori responses and adequate funding.”
Ministry of Justice receives DVFREE Tick
The Ministry of Justice launched a workplace family violence policy including staff training on family violence in late 2017. The Ministry has just been awarded the Shine DVFREE Tick for this work. The DVFREE Tick recognises that the Ministry has taken steps to create a workplace that is safe and supportive for staff experiencing family violence. The Ministry is the first public sector organisation to receive the award.
By the end of May, all 470 managers will have completed a two-hour training on how to support their staff. The Ministry has also started an in-person family violence awareness programme for all 3800 employees.
For more information about the Ministry of Justice programme and related employer programmes, see the media links below. Also see out previous story on Westpac first employer to receive Shine's DVFREE Tick.
Police launching new approach to "family harm"
Acting Superintendent Bronwyn Marshall, Safer Whānau Business Change Manager, said the new Police approach to "family harm" involves "new language, new mobile and desktop technology, new risk measures, and safety tools, all of which contribute to carrying out a quality family harm investigation at the scene - now known as a 5F."
The new approach is expected to launch this May and is part of the wider Police Safer Whānau work programme. This programme aims to reduce harm to families by transforming the Police response and partnering with iwi, community and other agencies in working with the "most vulnerable and disadvantaged communities exposed to family harm."
Resources to support the Workforce Capability and Risk Assessment and Management Frameworks
In March, the Government's Multi-Agency Team (MAT) hosted a co-design workshop with some family violence network coordinators, community educators and good practice leaders. The workshop was focused on ways to get started with the Workforce Capability Framework. Resources will be developed from ideas suggested during the workshop.
Work has also started to develop and test products that would align the Framework to a workplace learning programme. The programme will contribute to the New Zealand Diploma in Health and Wellbeing (Applied) Level 5. MAT is working with Careerforce, the Industry Training Organisation (ITO) for the social service and wellbeing sectors.
Careerforce is developing an interactive graphic of Kia Puawai, with Shayne Walker outlining the kaupapa and principles of the Framework and its domains. The goal is to help people get familiar with the Framework and how to use it. The programme is expected to be available mid-2018. For background information see our previous story on the launch of the framework.
Integrated Safety Response pilot updates - training and evaluation
A new Integrated Safety Response (ISR) training programme is scheduled to start in early June 2018. The training programme is for people working in government agencies, non-government organisations and ISR staff. The programme will include:
- "a series of five e-learning modules introducing the key concepts and knowledge on ISR eg. Introduction to ISR and Risk Assessment modules
- a series of 7 one-hour workshops led by ISR site Specialist Practice Leads eg. ISR and our community and Leading Family Safety Plans
- a Performance Support tool based around the ISR process, for learners to access key information ‘in moment of need’
- coaching and support from experts and people leaders."
Once finalised, some of the training material will be available on the ISR website. For more information about ISR, see the Police website.
The second phase of the evaluation of the Integrated Safety Response (ISR) pilot has begun. It will be the final evaluation of the pilots in Christchurch and Waikato. The purpose is to provide advice to Ministers on the future of integrated and crisis response practice in Aotearoa New Zealand. The evaluation will also look at the responsiveness of the ISR to whānau Māori. At the end of April, work will start on designing a kaupapa Māori evaluation with a group of experts in whānau-centred evaluation. The final evaluation report is expected in June 2019. This follows the first evaluation report released in August 2017.
Family and Whānau Violence Legislation Bill
The update states that the timing for the passage of the Family and Whānau Violence Legislation Bill and its entry into force are "subject to Parliamentary decisions." The Minister responsible under the new government is Justice Minister Andrew Little. While this is happening, work has started on new court processes and ways of working in anticipation of changes from the proposed legislation. In support of these changes, the Ministry of Justice is working to simplify and align protection order application forms and Care of Children Act (COCA) forms.
Aligning Justice and Corrections contracts
The Ministry of Justice and the Department of Corrections are working to align their contracts for family violence perpetrator non-violence programmes starting from 1 July 2018. According to the Ministry of Justice website:
"The changes include enabling family violence programmes for low to medium risk perpetrators to be slightly shorter, which is expected to improve completion rates. Also, service specifications will be more flexible, so providers can tailor programmes to specific groups."
A separate process is also happening for Ministry of Justice safety programmes for adult and child victims of domestic violence. Both agencies require specialist framework programmes for Māori, and specific population groups including Pasifika, Asian/Indian/African/Middle Eastern and Chinese.
New Safe to Talk helpline for sexual violence
The new national helpline, Safe to talk - He pai ki te kōrero, has been launched to support people affected by "sexual harm" and sexual violence. It is available 24/7 for free and confidential support to people affected by sexual violence. For more information see our story "Safe to Talk" sexual harm and violence helpline launched nationwide.
More information about the Government's Family Violence and Sexual Violence Work Programme
To receive the full update and future work programme email updates, contact familyandsexualviolence@justice.govt.nz. You can also find past updates on the Ministry of Justice website.
For more information about the work programme see the pages on the MSD website and the Ministry of Justice website.
Also see our story on the previous Family and sexual violence work programme update in February 2018.
Selected media
Crime victims need a clearer, kinder support system say advocates, One News, 07.05.2018
Ministry of Justice awarded workplace domestic violence prevention tick, Stuff, 18.04.2018
Gaps found in domestic violence programme, Radio NZ, 09.04.2018
Aviva ditched family violence pilot involving 30,000 people, citing strain on staff, 21.03.2018
Domestic violence programme tackles few cases, Radio NZ, 20.03.2018
Fonterra launches family violence program, Human Resources Director NZ, 27.11.2017
SKYCITY puts spotlight on domestic violence, Press Release: SKYCITY, Scoop, 24.11.2017
The Backbone Collective has released a fifth report on the Family Court, focussed on the Lawyer for Child.
The report, Seen and not Heard: Children in the New Zealand Family Court - Part Two: Lawyer for Child? (2018), examines how the Lawyer for Child role is working for women and their children who have experienced violence/abuse. The lawyer for the child service gives judges the ability to appoint an independent lawyer for children in Family Court proceedings.
The report is based on surveys of mothers who have experienced violence/abuse and been involved Family Court proceedings, and other sources including legislation, official document and information obtained under the Official Information Act (further details in the report). From the surveys, mothers reported:
- In 11% of cases, the Lawyer for Child had not met with the children they were representing
- Only 21% of children felt heard and understood by their lawyer
- Lawyer for Child accurately told the court what the child wanted in 30% of cases
- In 59% of cases, children were denied a support person while meeting with Lawyer for Child
Mothers also said:
- 37% of Lawyer for Child accused the mother of "parental alienation"
- In 46% of cases, the report written by Lawyer for Child led to unsafe parenting orders
- Risk and safety assessments for children were carried out in 2% of cases
In the 2016/17 year:
- There were 12,148 Lawyer for Child appointments made
- The cost was $32 million
The report notes that despite this and concerns being having raised previously by various bodies, there is little oversight or accountability.
The authors highlight that both New Zealand legislation (e.g. Care of Children Act 2004) and United Nations Convention on the Rights of the Child (UNCROC) require children's voices to be heard and taken into account when decisions are being made about them.
The authors say:
"Mothers rely on Lawyer for Child to advocate for their children, to help them be safe when there has been violence and abuse. Children desperately need an advocate in the adult centered environment that is the Family Court, but Lawyer for Child is not the competent choice to fulfill that role; they may know the law, but they do not know how to work with children and how violence and abuse impacts on children." (p.4)
The authors recommend three changes the Government could make reasonably quickly:
"1.Establish a national network of independent, specialist trained children’s advocates to provide safety assessments for the judge and to work alongside children who are involved in the Family Court to represent the welfare and best interests of children and to ensure their voices are heard.
2. Give children access to free trauma counselling if they have experienced violence and abuse.
3. Establish an independent complaints system where children can go if they are not being heard or feel unsafe in the Family Court."
They suggest these services "could be funded by either ceasing the Lawyer for Child service all together or reconfiguring it, so the lawyer only provides legal advice and no longer ventures into territory they are not trained or skilled in – the safety, welfare and best interests of children."
They say "If the Lawyer for Child service is to continue in any form there needs to be urgent training in domestic and sexual violence and the introduction of evidence-based practice for all professionals working in the Family Court."
The full set of recommendations are discussed in more detail in the report under the following headings:
- Urgently establish a Royal Commission of Inquiry
Oranga Tamariki - Ministry for Children and other agencies have produced reports about the state of children in Aotearoa New Zealand. Many of these focus on children in state care.
Oranga Tamariki - Ministry for Children national care standards
The Ministry has been working on developing national standards for children who are in care. The Ministry website states:
The care standards will clearly set out what children and young people can expect while they’re in care, and what caregivers can expect when they have children in their care.
These standards will outline the responsibilities for Oranga Tamariki and organisations that have a child or young person in their care or custody under the Oranga Tamariki Act 1989 [formerly the Children, Young Persons, and Their Families Act 1989].
The Minister for Children is required by the Oranga Tamariki Act 1989 to recommend regulations for standards of care by 13 July 2018. The regulations establish actions that must be taken to make sure children and young people receive an appropriate standard of care. The Ministry has released a Cabinet paper and Regulatory Impact Statement (RIS) on the national care standards. The cabinet paper outlines proposed regulations and supporting recommendations. The RIS provides the Ministry’s advice on the impact of the proposals.
Oranga Tamariki - Ministry for Children reports and OIA responses
The Ministry has published evaluation findings and a report on the impact of the Social Workers in Schools service. A report has also been published on youth remand trends. An evaluation of the Inside Out resources and teaching guides has found the resource does make a positive difference to LGBTI (lesbian, gay, bisexual, transsexual, intersex) young people at school. See the Oranga Tamariki website for other reports.
The Ministry is also publishing selected responses to Official Information Act (OIA) requests received by the Ministry on their website. A number of recent requests relate to social worker staffing at the Ministry and former Child, Youth and Family services.
Other recent reports on children in care and children's rights
The Children’s Convention Monitoring Group has published the report Getting It Right: Building Blocks (2018). The report looks at progress on and opportunities to improve children's rights in Aotearoa New Zealand. For more information see our previous stories NZ monitoring group publishes report on international rights of children and UNCROC publishes concluding observations on the rights of the child.
Researchers Bénédicte Rouland and Rhema Vaithianathan from Auckland University of Technology have published findings from research into the number of notifications to child protective services, substantiated maltreatment cases and out-of-home placements. The researchers used data from the Integrated Data Infrastructure for the research. They found that almost 1 in 4 children had been subject to at least one report to child protective services at age 17 years and 10% had been a victim of substantiated abuse or neglect.
Related news - social worker registration and pay equity
The Social Services and Community Select Committee has published recommendations on the Social Workers Registration Legislation Bill. This is the omnibus bill that proposes amendments to the Social Workers Registration Act 2003. The amendments would restrict the use of the term "social worker" to people who are registered. The Committee has recommended the legislation be passed with amendments. The Ministry of Social Development has published a departmental report and a supplementary departmental report. For background information see our previous story on the proposed legislation to make social work registration mandatory. See media links below for responses to the Select Committee report from the sector.
The Government has announced an agreement with unions to apply the new Government pay equity principles to current pay equity claims. One of the first claims that will be progressed is the Public Service Association's claim for social workers employed by the Ministry of Social Development and Oranga Tamariki - Ministry for Children. Social Service Providers Aotearoa (SSPA) welcomed the news, but said the Government needs to increase funding for non-government organisations to be able "... to close the pay gap for community sector social workers." SSPA said Oranga Tamariki social workers are currently paid an estimated 18 to 20% more than NGO social workers.
Selected and related media
Social workers call for govt to scrap registration bill, Radio NZ, 24.04.2018
Emanuel Stoakes: Bill poses threat to social workers, Opinion, NZ Herald, 24.04.2018
ANZASW Response to Report on Registration Legislation Bill, Press Release: ANZASW, Scoop, 19.04.2018
Ministry upholds 163 complaints against ECE services, Radio NZ, 12.04.2018
Shocking complaints emerge in new childcare report, Newshub, 12.04.2018
Government heeding call for unrelenting focus on child wellbeing, Beehive press release, 11.04.2018
CPAG welcomes new report on Children's Rights, Press release: Child Poverty Action Group, 11.04.2018
Oranga Tamariki turns 1, Māori Television, 03.04.2018
Record number of children in state care - more than 6000, Radio NZ, 03.04.2018
Twelve Questions with Big-data expert Rhema Vaithianathan, NZ Herald, 27.03.2018
One in four kids reported to child protection - Report, Māori Television, 07.03.2018
Tracey Martin: Kiwi parents shouldn't feel ashamed to ask for help, Newstalk ZB, 07.03.2018
'Something is wrong with how Kiwis treat children', Newstalk ZB, 07.03.2018
The spotlight on the legal profession's responses to domestic violence, sexual harassment and assault has continued.
Investigation of lawyer's comments about judge's decision in domestic violence case
Concerns have been raised about the New Zealand Law Society's National Standards Committee investigating lawyer Catriona MacLennan. The Committee is investigating comments made by Ms MacLennan about a District Court Judge's decision to discharge a man without conviction in a domestic violence case.
The Judge's comments included "There would be many people who would have done exactly what you did, even though it may be against the law to do so." Ms MacLennan criticised the comments and the sentence in the media.
After media coverage, Chief District Court Judge Jan Doogue said "... to the extent that the Judge may have expressed himself inappropriately in any event, I do not seek to defend his remarks. And I am sure on further reflection neither would he." The Judge's decision was ultimately appealed and overturned in the High Court.
In a Newsroom article, Ms MacLennan questions the decision to investigate her as a disciplinary matter, saying:
"Domestic violence victims, in particular, are almost never in a position to speak out about their experiences. As has been widely reported, Aotearoa has the highest reported rate of intimate partner violence in the developed world. Neither the law society nor anyone else will ever silence me about domestic violence - or about any of my other causes. If I have to choose between being a lawyer and freedom of speech, I will not hesitate to choose my freedom of speech."
New Zealand Law Society President Kathryn Beck issued a statement in response, saying in general comments on judicial decisions must be expressed in a "reasoned and objective manner." The Law Society also published a piece on the role of standards committees.
High Court barrister and solicitor Benedict Tompkins has written an open letter to the Law Society calling the decision to investigate Ms MacLennan "repugnant." He writes:
"By bringing to bear the coercive power of its disciplinary machinery, it [the Law Society] has stifled, or attempted to stifle, valuable comment on important issues, including domestic violence and the proper functioning of the criminal justice system. Such comment — and in particular comment by lawyers, who are uniquely qualified to pass it — is essential to the proper functioning of a liberal democracy."
In another piece responding to the investigation, Backbone Collective co-founder Deborah Mackenzie also expressed alarm. She noted the similarly punitive response the Backbone Collective has received after highlighting issues in the legal system, writing:
“When we launched a year ago we believed that if we gave the people who work in the system feedback from service users they would receive that information enthusiastically – ready to make change to ensure the system is effective as possible. During 2017, the Backbone Collective surveyed hundreds of female domestic violence victims about their experiences in the Family Court. We found and publicly reported on a widespread culture of power, control, entitlement, intimidation, bullying and misogyny. … When we first publicly reported what women were telling us we were alarmed that both the judiciary and the New Zealand Law Society responded critically, in effect ‘shooting the messenger’.”
Newsroom journalists wrote an article, saying:
"The convention that judges should not be criticised because it undermines confidence in the rule of law has endured here and in many other countries. MacLennan’s predicament has re-ignited the debate over whether judges are held sufficiently accountable when there are questions around their competence, impartiality and equality of treatment. A long running Newsroom investigation into the Family Court found many incidents where comments made by its judges raised concerns about attitudes held by some of them"
Update: The Standards Committee of the NZ Law Society has decided to take no further action against Catriona MacLennan.
Law Society response to sexual harassment and assault
Following widespread media coverage of sexual harassment and assault in the legal profession, the Law Society has stated it has begun activities to address harassment and bullying in the legal profession. It has also developed a Gender Equality Charter.
Update: The Law Society has published a report on a survey of more 3,500 lawyers in New Zealand, finding more than 30% of female lawyers have been sexually harassed during their work life.
Update: The newly created independent Working Group established by the Law Society and chaired by Dame Silvia Cartwright is seeking ideas on how the complaints regulatory framework could be improved. The New Zealand Law Society Regulatory Working Group is in the process of finalising its report, which identifies and proposes improvements to the legal profession's current regulatory framework, systems and processes. The final report is expected in December 2018.
Update: The Law Society has published the final Report of the New Zealand Law Society Working Group: To enable better reporting, prevention, detection, and support in respect of sexual harassment, bullying, discrimination and other inappropriate workplace behaviour within the legal profession (2018). The Law Society Board Board has accepted the recommendations from the report on improving the regulatory process for lawyers when unacceptable workplace behaviour occurs.
Survey of legal practitioners finds harassment and bullying common
Also following the media coverage of sexual harassment and assault, the Criminal Bar Association of New Zealand surveyed their members about experiences of harassment and bullying. Findings from the Anonymous Survey about Harassment and Bullying in the Practice of the Criminal Law were published in March 2018.
More than 88% of criminal law professionals who completed the survey said they had personally experienced or witnessed harassment or bullying behaviour in the last four years. Participants reported that judges (65%) and colleagues/group of colleagues (44%) were most likely to harass or bully. This was followed by opposing counsel (33%) and clients (31%). More than 80% had not made an official complaint or report. Of those who formally complained, only 7% said the process resolved the issue.
Chief Justice Dame Sian Elias responded to the findings, saying:
“If proper standards are not observed, I encourage those who are affected or who have observed such behaviour to raise their concerns with the head of bench or with me or to make a complaint to the Independent Judicial Conduct Commissioner.”
"We are discussing the survey findings with the Criminal Bar Association. We note and endorse the comments made by the Chief Justice encouraging those who are affected or who observe such behavior to raise their concerns with the head of bench, with the Chief Justice, or to make a complaint to the Independent Judicial Conduct Commissioner. The New Zealand Law Society is also there to assist and support any lawyers who encounter problems.”
In an interview on Newshub, Parliamentary Under-Secretary to the Minister of Justice (Sexual and Domestic Violence Issues), Jan Logie said the survey results are "deeply worrying" and the Government is taking the issues seriously.
Update: The Wellington Women Lawyers’ Association (WWLA) has launched an online survey about sexual harassment in law firms and legal workplaces.
Background information
See our previous news story on Russell McVeagh, the legal profession, the #metoo movement and more: Sexual harassment and assault highlighted on International Women's Day. This includes updates and a list of media coverage.
Related news
Justice Minister Andrew Little has announced the Government will review the Family Court. Further details have not yet been published.
The Backbone Collective has published reports about women and children's experiences of the Family Court when trying to escape violence.
Media has reported that police are protecting judges' homes from a group of fathers who are angry about Family Court decisions related to their cases. Justice Minister Andrew Little said the protests are "just wrong" and "very disturbing," saying there are other ways to appeal or voice disapproval.
Related reading
A recent book by law academics looked at legal decisions and court judgments through a feminist and mana wahine perspective. In Feminist Judgments of Aotearoa New Zealand (2017), the authors reinterpret and propose different outcomes. The book is the result of a project funded by the Law Foundation.
A recent Australian Parliamentary inquiry found the family law system can fail to support and protect people trying to escape violence.
Selected media
Nearly 900 complaints against judges in three years - judicial conduct report, NZ Herald, 21.08.2018
Report puts spotlight on bullying complaints against judges, Newstalk ZB, 20.08.2018
Justice Minister demands explanation of super-injunction hiding sexual harassment, Stuff, 03.08.2018
Widespread harassment, bullying and racism identified within the law profession, Stuff, 30.05.2018
One in five NZ lawyers sexually harassed, Law Society survey finds, NZ Herald, 30.05.2018
One third of female lawyers sexually harassed at work - survey, Radio NZ, 30.05.2018
Lawyers' sexual harassment 'worst kept secret' for decades, former lawyer says, Stuff, 30.05.2018
Survey of sexual harassment in legal profession reveals 'concerning' issue, Stuff, 24.05.2018
Resentenced for three assaults, Otago Daily Times, 08.05.2018
No further action taken against Auckland lawyer who criticised judge, Stuff, 15.05.2018
Q+A: Lawyer Catriona MacLennan interviewed, Press Release: TVNZ, Scoop, 06.05.2018
Women lawyers blast Law Society inquiry, Newsroom, 04.05.2018
Outspoken #metoo lawyer barred from joining Law Society panel on misconduct, Stuff, 04.05.2018
'I was very upset and angry that I had been violated', Radio NZ, 30.04.2018
Law Society working group to look into harassment in the legal profession, NZ Herald, 19.04.2018
NZ Herald editorial: Fathers' protests do themselves no good, NZ Herald, 18.04.2018
Lawyers are free to speak out against the judiciary, NZLS president says, NZ Herald, 17.04.2018
Lawyer faces tribunal for criticising judge's comments, Newstalk ZB, 13.04.2018
Judges worst offenders in law harassment survey, Radio NZ, 25.03.2018

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