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The Employment Relations Amendment Bill has been referred to the Education and Workforce Select Committee. Submissions are now being accepted on the bill until 30 March 2018.
This bill would amend the Employment Relations Act 2000. The focus of the bill is to increase minimum standards and protections for employees, and to promote and strengthen collective bargaining and union rights in the workplace.
The Select Committee press release provides a brief overview of the Employment Relations Amendment Bill:
"The bill would make changes to provisions concerning:
- The recognition and operation of unions
- Collective bargaining
- Individual employee’s terms and conditions of employment
- The continuity of employment if an employee’s work is affected by restructuring
- Rest breaks and meal breaks
- Strikes and lockouts
- Personal grievances, disputes, and enforcement."
Regulatory Impact Statements and Cabinet papers with background information are available from the Treasury website.
More information on making submissions is available online.
Update: The Education and Workforce Committee has reported back on the Employment Relations Amendment Bill with a recommendation that it be passed with amendments.
Update: The Employment Relations Amendment Bill received Royal Assent in December 2018 and will become law.
Other Government submissions currently open
Submissions are being accepted on the Families Commission Act Repeal Bill until 16 March 2018.
Submissions are being accepted on the Child Poverty Reduction Bill until 4 April 2018.
Related news
Minister for Workplace Relations and Safety, Iain Lees-Galloway, and the Minister for Women, Julie Anne Genter have announced they are reconvening the Joint Working Group on Pay Equity Principles. Minister Lees-Galloway and Genter announced in November that the previous government’s Employment (Pay Equity and Equal Pay) legislation would not be progressed. This legislation was introduced after the government signed the care and support workers’ $2 billion pay equity settlement. Minister of Health Dr David Clark has recently announced that the Government has agreed to negotiate extending the pay equity settlement to mental health and addiction support workers.
Update:
The reconvened Joint Working Group on Pay Equity Principles has published their recommendations "...clarifying and simplifying the process for initiating a pay equity claim, making no changes to the principles on comparators, and amending the Equal Pay Act 1972 to implement the principles."
A separate bill, the Employment (Pay Equity and Equal Pay) Bill is a Private Members’ Bill by National Party Maungakiekie MP Denise Lee. It would re-introduce the previous Government’s legislation. The bill was drawn from the ballot and introduced on 22 February 2018. The bill did not pass its first reading.
Selected media
Government reaches consensus on employment law changes, Beehive Press Release, 27.11.2018
90-day employment trials will remain, Otago Daily Times, 14.02.2018
Employment law changes could mean greater costs and less flexibility: MBIE, NZ Herald, 05.02.2018
Legislation for fairer workplaces announced, Beehive Press Release, 25.01.2018
The Ministry of Social Development's (MSD) latest update on "sexual harm" service development covers: a new ACC tender, feedback requested on service guidelines, progress on the national helpline, progress on service gaps register of interest and an upcoming global summit.
ACC has released a tender for the supply of Integrated Services for Sensitive Claims (ISSC). ISSC services provide support for people who have experienced sexual abuse or sexual assault. The service allows clients to access therapy, assessment and support services such as social work and family/whānau sessions. ISSC has previously been a closed contract. ACC is running the tender process to increase the number of contracted suppliers. For more information see the Government Electronic Tender Service (GETS). The initial notice of information stated that existing suppliers do not need to apply as existing contracts will continue. For questions email acchealthtenders@acc.co.nz.
MSD is inviting feedback on the Sexual Harm Crisis Support Service Guidelines that were introduced last year. MSD contracted providers should have received an invitation to provide written feedback by 9 March 2018. For more information, contact CI_Sexual_Violence_Services@msd.govt.nz. Any recommended changes from the feedback are expected to be in effect from 1 July 2018.
The Safe to talk helpline launched in Canterbury on 19 February 2018. Homecare Medical who are operating the helpline are running workshops in Auckland, Whangarei, Wellington and Waikato to identify local referral pathways. The helpline is expected to be available nationally in April 2018.
Progress is continuing on reviewing the register of interest (ROI) applications to meet gaps in sexual harm crisis support services in the Midlands and Southern regions.
A Global Summit of Women is being held in Sydney from 26-28 April 2018 to explore ways to improve women's economic status.
Read the 27 February 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.
A new foundation has been established focused on funding legal research, education and scholarship. The Michael and Suzanne Borrin Foundation has awarded its first five grants, including research awards on property law and the over-representation of Māori in prison.
The foundation's Grants and Scholarship Committee Chair, David Goddard QC, said the foundation would focus "... on areas of profound concern – areas where the law is not serving New Zealanders well.” He also said that “The criminal justice system and family law are our initial strategic focus areas, and our inaugural grant recipients reflect these areas of concern.”
The first five grants are:
- $614,420 over 1.5 years for He Whaipaanga Hou Update Research led by Moana Jackson. This grant supports the completion of a large-scale research project on the criminal justice system and effectiveness with regard to Māori, with a focus on why Māori men and women are imprisoned at high rates.
- $492,000 over 3 years for Access to Justice through Digital Innovation. This grant funds the development of ChatBots on tenancy law, employment law and law related to prisoners' rights. It also supports Community Law Centres o Aotearoa resources on New Zealand law.
- $577,225 over 2 years for Relationship Property Division Research at the University of Otago. This grant funds research into how separating couples divide their property and what New Zealanders see as fair and just when couples divide property after a relationship ends. Update: The researchers have published a report from their research, Relationship property division in New Zealand: Public attitudes and values. A general population survey (2018).
- $43,210 for Whiti te Rā 2018 Hui. This grant, awarded to JustSpeak, supports a conference about transformative change in the criminal justice system. This work builds on Whiti Te Rā - a kaupapa Māori hui on transforming criminal justice in Aotearoa held last year.
- $39,000 over three years for Borrin Foundation - Ngā Pae o te Māramatanga Summer Legal Research Internships. This will provide summer legal research internships in collaboration with Ngā Pae o te Māramatanga and focus on promoting Māori legal scholarship and nurturing young researchers.
The foundation will seek out individuals and organisations for grants and will also run an open expression of interest (EOI). The EOI process is scheduled to open on 14 March 2018. More details are available on the website. Details about applying for scholarships will be made available later this year.
The foundation has also launched an initiative to co-fund projects with the New Zealand Law Foundation.
TheMichael and Suzanne Borrin Foundation was established through a $38 million bequest by the late Judge Ian Borrin in honour of his parents. Judge Borrin was a Family Court Judge and later head of the Police Complaints Authority (now the Independent Police Conduct Authority).
Related information and news
More than 30 leading academics have signed an open letter to the Government, calling on the Government to not build the planned $1 billion new prison in Waikeria.
In 2017, the Waitangi Tribunal found that the Crown has breached its Treaty obligations by failing to prioritise the reduction of Māori reoffending relative to non-Māori.
Also in 2017, former Corrections Minister Louise Upston launched a new approach to managing women offenders: Wahine - E rere ana ki te pae hou: Women's Strategy.
The Law Commission is currently reviewing and consulting on the Property (Relationships) Act 1976.
Selected media
Relationship property law 'out of date', Radio NZ, 30.10.2018
Prison alternative worth reconsidering, Waatea News, 26.02.2018
Prison choice a test for Government, Waatea News, 26.02.2018
We can never naturalise or normalise the prison – Dr Tracey McIntosh, Māori Television, 22.02.2018
Windfall for Maori law research, Waatea News, 21.02.2018
Prisons under 'immense pressure' with only enough space for 300 more inmates, Stuff, 21.02.2018
The latest update from the Government’s cross-agency family violence and sexual violence work programme gives information about a number of initiatives.
Parliamentary Under Secretary to the Minister of Justice (Domestic and Sexual Violence)
As announced in 2017, Jan Logie, Green Party MP, has been appointed to the position of Parliamentary Under Secretary focused on domestic and sexual violence. The update says "She will lead the Government’s work on the design of an integrated and responsive family violence system, engagement with the sector, responses to the Law Commission report on justice responses to victims of sexual violence, and the implementation of new family violence law." You can contact the Under Secretary’s office at jan.logie@parliament.govt.nz.
Changes at the Multi-Agency Team
Sarah Holden has been appointed the new Manager of the Multi-Agency Team for Family and Sexual Violence (MAT), and Hannah Cranston is the new Programme Manager.
Integrated Safety Response pilot evaluation
The Multi-Agency Team is leading the final evaluation of the Integrated Safety Response (ISR) pilots. The update notes "The scope of the final evaluation is still under development, but is intended to build on our understanding of the outcomes achieved for people and families / whānau who have gone through the ISR process and associated services." For more information or if you would like to be involved in the evaluation, contact hannah.cranston@justice.govt.nz. Superu completed the first evaluation in August 2017.
Family and Whānau Violence Legislation Bill
The Ministry of Justice is the lead agency for the implementation of the Family and Whānau Violence Legislation Bill. Timing for the passage of the Bill has not yet been confirmed. The update provides a brief overview of ongoing work streams related to the legislation:
Risk and needs assessment for perpetrators
The legislation provides for a risk and needs assessment service for perpetrators of violence who are subject to Police Safety Orders. The team working on this service is exploring the potential for more referral pathways from other parts of the family violence system, including self and whānau or community referrals.
Including the voice of people who engage with Courts in legislative changes
This work is focused on making sure the voices of people who use Court services are a primary consideration in the legislative changes. Feedback is initially focused on three areas:
- "The safety of victims (including children) in family violence bail decisions,
- Simplifying the protection order application form, and
- Improving system responses to a protection order being issued."
More information will be provided when additional feedback is invited from community stakeholders.
New resources for victims of sexual violence
The Ministry of Justice is developing online guidance about what to expect in the court process for victims of sexual violence. The guide is intended to reduce the trauma and secondary victimisation associated with the judicial process. For more information contact: jane.tronson@justice.govt.nz. The update also notes the coming pilot launch of the national helpline for people affected by sexual harm. For more information about the helpline and other sexual violence activities, see the latest Ministry of Social Development (MSD) update on the "sexual harm" service.
Justice & Corrections align contracting
The Ministry of Justice (MOJ) and Department of Corrections are aligning their procurement and contracting processes for family violence perpetrator programmes and safety programmes for adults and children. The joint MOJ and Corrections Request for Proposals is open for responses until 27 February 2018 on GETS.
Workforce capability
The MAT developed the Workforce Capability Framework and the Risk Assessment Management Framework last year. The team is now working with "early adopters" of the frameworks to develop guidelines for users. The team is also developing proposals to help organisations build their capabilities, through:
- "Partnerships with organisations to enable the development of training materials, qualifications, practice guidelines, organisational policies and other ‘infrastructure’ necessary to build the capability of their workforces in support of an improved family violence system.
- Support for platforms, resources, and networking initiatives to connect organisations and workers to share best practice approaches
- Practical advice and support to organisations and FV networks for them to build organisational and workforce capability."
To learn more, contact the MAT at beth.anslow@justice.govt.nz.
Other updates highlight a community project in Wairoa inspired by E Tū Whānau, including a marae-based tane group and wahine group.
For questions about this work or to receive the 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.
Related news
The Ministry of Justice has developed a workplace family violence policy including staff training on family violence.
Selected media
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
Speech to the SHINE and SAFEINET International Women’s Day event, Beehive Press release, 08.03.2018
Prime Minister Jacinda Ardern and Minister of Internal Affairs Tracey Martin officially launched the Royal Commission into Abuse in State Care on 1 February 2018. The draft terms of reference have also been released.
The Royal Commission will cover the time period from 1950 to 1999 and include physical, sexual and emotional abuse and neglect. The Beehive press release states:
"The ‘state care’ definition covers circumstances where the state directly ran institutions such as child welfare institutions, borstals or psychiatric hospitals, and where the government contracted services out to other institutions."
The draft terms of reference do not include abuse in religious or other non-government organisations unless people were placed in those institutions by the state. The draft terms of reference state "An individual is in state care if the State has responsibility, whether directly or indirectly, for their care."
The Inquiry will cover people whether they were children, young people or adults at the time. According to the draft terms of reference, the Royal Commission will have "particular consideration for Maori and any groups where differential impact is evident, e.g. by gender, LGBTQI people, Pacific people and people who have experienced mental health issues."
The Inquiry is also directed to "establish a survivor advisory group to provide independent assistance to Inquiry members, and to ensure the Inquiry remains victim and survivor-focused and responsive to victim and survivor needs." The group will not have a decision-making function and its feedback will not bind the Inquiry but is to assist the Inquiry at its request.
The Inquiry does not have a mandate to provide compensation or redress, but will examine these processes. The existing claims process will continue through the Ministry of Social Development, but improvements may be made based on the Inquiry.
The Ministry of Social Development has published a press release providing information for people who have already filed or plan to file a claim for abuse while in state care, stating:
"The announcement of the Inquiry will not affect people working with the Ministry on existing claims or stop people making new ones, as this work will carry on. The Ministry will continue to look at ways to improve how we work with people through the claims process, particularly around being more efficient and strengthening our focus on Tikanga Māori."
Former Governor-General Sir Anand Satyanand will chair the Royal Commission. His first task is to consult with the public on the draft terms of reference for the Royal Commission. After the consultation period, Cabinet will make a final decision on the terms, additional Inquiry members and the budget for the Inquiry.
More information including the draft terms of reference, question and answer documents, and cabinet and scoping documents are available from the official Royal Commission webpage. The full recording of the announcement is available from the NZ Labour Party.
The Inquiry is to issue its final report, containing findings and recommendations, in writing within the current parliamentary term (with the possibility of an extension).
There have previously been calls for the Inquiry to cover faith-based institutions.
There have also been calls for the inquiry to extend to present day, include compensation and set standards for appropriate compensation and reparation revisiting former compensation claims.
Additional responses and commentary are including in the media below.
Related information
A two-day symposium was held on 14-15 February 2018 in Wellington to discuss and make recommendations on the Government’s draft terms of reference.
Prior to the launch of the Royal Commission, a team of academic and legal experts released findings from a survey of survivors and a proposed framework for the inquiry.
The Australian Royal Commission into Institutional Responses to Child Sexual Abuse released its final report and recommendations in December 2017.
A new report has been published as part of the UK Independent Inquiry into Child Sexual Abuse. The report examines Child Migration Programmes which removed children from their families and government care and sent them overseas, including New Zealand.
Selected media
New Zealand’s problem with Māori boys, The Spinoff, 27.03.2018
Churches push for inclusion in Royal Commission into abuse, Radio NZ, 26.03.2018
Catholic Church wants to be included in state abuse inquiry, NZ Herald, 26.03.2018
Churches seek inclusion in Royal Commission on state care abuse, NZ Herald, 26.03.2018
Sorry means you don’t do it again, The Spinoff, 19.03.2018
Abuse survivors speak out, accuse govt of backtracking, Radio NZ, 27.02.2018
PM faces claims over exclusion of churches from abuse inquiry, Radio NZ, 27.02.2018
PM says Crown Law handling of abuse claims will be reviewed, Newshub, 27.02.2018
New Zealand's state abuse shame: Survivor's struggle for justice, Newshub, 26.02.2018
Excluding Church from inquiry would be an 'abject failure', Radio NZ, 22.02.2018
Australian abuse survivors criticise NZ inquiry, Radio NZ, 22.02.2018
State abuse claims not best resolved by Royal Commission - Sir Michael Cullen, Newshub, 20.02.2018
Māori survivors key focus of Royal Commission, Waatea News, 09.02.2018
Accountability must be part of state care review, Waatea News, 05.02.2018
NZ abuse inquiry likely to include churches, NZ Catholic, 02.02.2018
What a Royal Commission could mean for the system, Newsroom, 02.02.2018
Prime Minister Jacinda Ardern unveils inquiry into state care abuse, NZ Herald, 01.02.2018
Government announces inquiry into historical state care abuse, Stuff, 01.02.2018
Abuse inquiry: 'The government has got it right', Opinion, Radio NZ, 01.02.2018
Church schools face Royal Commission scrutiny, Newsroom, 01.02.2018
Related media
Complaint laid after Oranga Tamariki bungles child's report, Radio NZ, 20.02.2018
Child abuse hotline overwhelmed by calls, Radio NZ, 13.02.2018
Review reveals failures in care of teen who died in CYF custody, NZ Herald, 10.02.2018
Police bungle meant child abuse victims waited 20 years for justice, Stuff, 02.02.2018
As the new Government reached the end of their 100-day plan, a number of announcements were made about policy changes. This includes pay equity, the mental health inquiry, funding for Oranga Tamariki and changes to government targets.
In addition, Prime Minister Jacinda Ardern and Minister of Internal Affairs Tracey Martin announced the launch of a Royal Commission of Inquiry into abuse in state care.
Pay equity; monitoring sexual harassment
Minister for Workplace Relations and Safety, Iain Lees-Galloway, and the Minister for Women, Julie Anne Genter have announced they are reconvening the Joint Working Group on Pay Equity Principles. The Joint Working Group will focus on:
- "Determining the merit of a claim as a pay equity claim
- How to select appropriate male comparators when assessing the work subject to a pay equity claim."
Federation of Māori Authorities Chairperson Traci Houpapa will facilitate the Working Group. The Group is expected to submit recommendations to Ministers by the end of February 2018.
New pay equity legislation is expected to be developed and introduced in mid-2018. Minister Lees-Galloway and Genter announced in November that the previous government’s Employment (Pay Equity and Equal Pay) legislation would not be progressed. This legislation was introduced after the government signed the care and support workers’ $2 billion pay equity settlement.
Minister of Health Dr David Clark has announced that the Government has agreed to negotiate extending the pay equity settlement to mental health and addiction support workers. Minister Clark has confirmed that in agreement with unions and employers, the Government will extend the Care and Support Workers (Pay Equity) Settlement Act to include mental health and addiction support workers.
Gender Equal NZ from the National Council of Women and others have welcomed the announcement.
Media has reported that Women's Minister Julie Anne Genter announced that the Ministry for Business, Innovation and Employment will begin collating data on complaints of sexual harassment in the workplace. For more details see the media stories below.
Mental health inquiry
Prime Minister Jacinda Arden announced details of the Inquiry into Mental Health and Addiction saying:
“The terms of reference for the Inquiry are deliberately broad. It will have a particular focus on equity of access to quality services and better outcomes, especially for Māori and other groups that we know have the poorest outcomes."
On the scope, the Terms of Reference note:
"The inquiry will need to understand and acknowledge the wider social and economic determinants of mental health and addiction (for example poverty, inadequate housing, family violence or other trauma) and cultural factors, in particular the historical and contemporary differences in outcomes for Māori, and consider the implications of these determinants and factors for the design and delivery of mental health and addiction services. Commentary on these matters is welcome to help inform the Government’s work programmes in these areas."
The inquiry has been expanded to include addiction services based on consultation feedback. It will be chaired by former Health and Disability Commissioner, Professor Ron Paterson. More information, including the terms of reference, Cabinet paper and members of the Inquiry, is available on the Department of Internal Affairs website. The Inquiry is expected to report back to the Government by the end of October 2018.
For more information and additional commentary from advocates and organisations, see the media links at the end of this story. Also listen to an interview with the Inquiry Chair Ron Paterson on Radio New Zealand.
Additional funding for Oranga Tamariki
Children’s Minister Tracey Martin announced an additional $27 million for Oranga Tamariki - Ministry for Children. The funding was set aside as contingency in last year's budget. It will go towards support for children and young people in care or youth justice services in the following areas:
- "improving the availability of care placements, especially for tamariki in emergency situations or with high needs ($15.7m)
- trialling options for transitions from care to independence for young people ($6.45m), and
- developing a tool to assist decision making in the youth justice system ($1.25m)"
An additional $4 million has been allocated towards the ongoing development of the new operating model for Oranga Tamariki.
Oranga Tamariki has recently published two new reports. Transition from care to independence (2018) summarises findings from a formative evaluation of two existing Auckland-based transition services. Children in New Zealand Communities Survey (2017) summarises findings from a survey of 2900 people which asked questions about vulnerability and children, including who people consider responsible for the well-being of children in Aotearoa New Zealand.
New targets on child poverty, Better Public Service targets discontinued
Prime Minister Jacinda Arden announced new Government targets focused on reducing child poverty. She also announced the Child Poverty Reduction bill saying:
“The Bill is the framework for measuring and targeting child poverty. It sets in law four primary and six supplementary measures of poverty and material hardship. It requires the government of the day to then set targets to reduce child poverty."
“We have not included individual government targets in the Bill. We want to leave room for each government to determine their own child poverty reduction ambition. This Bill is about building consensus on behalf of children."
“We will be making our targets available in time for the public to submit on them, alongside the Bill, as part of the select committee process."
“We know targets are not enough. The Bill requires governments to develop a comprehensive child well-being strategy that keeps child poverty top of mind, and keeps the focus on improving the living standards of children."
National’s spokesperson on children Paula Bennett said the National Party supported the legislation at its first reading but wants the Better Public Service (BPS) targets to remain:
“We will support the Prime Minister’s Bill through its first reading today, but further support will be contingent on the Government supporting our Supplementary Order Papers (SOPs) which require the legislation to include Better Public Services targets."
Concerns about the BPS targets have previously been raised by Income Equality Aotearoa New Zealand Inc - Closing the Gap and the Salvation Army. For more information see previous NZFVC stories Latest Better Public Service data - increase in reported violent crime and Govt announces new Better Public Services measure on family violence.
Review of Whānau Ora
Minister for Whānau Ora Peeni Henare said he is talking with Whānau Ora commissioning agencies and others about the terms of reference for a review and who will lead the review, reported Waatea News.
More information
For background information see our previous story on the new Government's policy directions. For more information about the Government's plans, see the Prime Minister's speech, The 100 day plan and beyond: Setting the direction of the Government.
Selected media
Pay equity, monitoring sexual harassment
Pay equity settlement extended to mental health workers, Radio NZ, 22.06.2018
Government enters into pay equity talks for mental health workers, Stuff, 14.02.2018
Mental health workers to benefit from pay equity, Beehive Press Release, 14.02.2018
Workplace sexual misconduct register to be introduced, NZ Herald, 08.02.2018
Government to start tracking sexual misconduct in the workplace, Stuff, 05.02.2018
Govt to collect workplace sexual misconduct data, Radio NZ, 05.02.2018
New laws for pay equity by middle of the year, NZ Herald, 23.01.2018
Traci Houpapa to lead pay equity mahi, Waatea News, 23.01.2018
Mental health inquiry
Doing mental health differently, Newsroom, 01.02.2018
Mental health inquiry a blueprint for the future, Newsroom, 24.01.2018
High hopes for mental health review, Waatea News, 24.01.2018
Govt has achieved more for mental health than National ever did - campaigner, Newshub, 24.01.2018
Mother whose son died on suicide watch welcomes mental health inquiry, Radio NZ, 24.01.2018
Call for changes to policy, Otago Daily Times, 24.01.2018
Mental health review to look at services and equity of access - Govt, Stuff, 23.01.2018
Mental health inquiry: How will it work?, Radio NZ, 23.01.2018
Action needed, not another inquiry, Press Release: New Zealand National Party, Scoop, 23.01.2018
Maori demand voice in mental health regime, Waatea News, 14.12.2017
Additional funding for Oranga Tamariki and new reports
Children's Minister Tracey Martin says her mother was abandoned at age 2, Stuff, 01.02.2018
Tracey Martin: We need to get over our anxieties about helping children, Opinion, Stuff, 31.01.2018
Moves aim to keep children out of police cells, Radio NZ, 26.01.2018
$27 million boost for Oranga Tamariki, Māori Television, 26.01.2018
New Government targets
Child poverty reduction plan set to be unveiled today, One News, 30.01.2018
PM: Labour to set own target system, Otago Daily Times, 23.01.2018
The US-based National Online Resource Center on Violence Against Women (VAWnet) has published a new special collection on meeting the needs of transgender and non-binary survivors.
The collection is designed to help service providers and advocates to offer more inclusive and accessible services to trans and non-binary survivors of domestic and sexual violence. The Serving Trans and Non-Binary Survivors of Domestic and Sexual Violence (2017) provides both background information and guidance for delivering services. This includes:
- terms and key concepts relating to gender identity including transgender, intersex and non-binary definitions, pronouns, questions that may not be appropriate and more
- recent research about rates and range of violence experienced by transgender people and communities
- understanding of the experiences of transgender and non-binary people who belong to other marginalised groups which experience significant rates of violence and discrimination including immigrants, older people, youth, people of colour and people with disabilities
- overview of the failure of systems and services to meet the needs and in some cases further victimise transgender and non-binary people
- guidance for domestic and sexual violence provides to offer inclusive, culturally responsive and affirming services to trans and non-binary survivors
- resources for victims and survivors including safety planning, identifying experiences of abuse and healing and safe relationships.
Also see the Trans and Gender Diverse Inclusive Language Guide from Australia-based ACON.
Aotearoa New Zealand resources
Hohou Te Rongo Kahukura – Outing Violence conducted research about partner and sexual violence in Rainbow communities in Aotearoa New Zealand. A number of reports, fact sheets and a power and control wheel specific to Rainbow communities were published from this research in 2017. See a list of all publications in the NZFVC library.
Also see information and links to resources from the Human Rights Commission.
Find more information and resources in these previous stories:
New resource for whānau and takatāpui rangatahi (sexuality and gender diverse youth), March 2017
Updated and expanded guidelines for sexual violence crisis support services, November 2016 (see Good Practice Guidelines for ‘Mainstream’ Sexual Violence Crisis Services - Doing our best for LGBTIQ Survivors)
ACC launches web-based toolkit on primary prevention of sexual violence, October 2016 (see the section on what works for rainbow communities)
New resource and new project for sexuality and gender diverse communities, May 2015
Related news
The NZ Herald recently ran in depth article about limited progress in the 10 years since the report published from the Inquiry into Discrimination Experienced by Transgender People (He Purongo mō te Uiuitanga mō Aukatitanga e Pāngia ana e ngā Tāngata Whakawhitiira).
Other special collections from VAWnet
VAWnet special collections provide organised lists of online resources that are peer reviewed on key topics. VAWnet has recently published two new collections: Preventing and Responding to Teen Dating Violence (2018) and Safety & Privacy in a Digital World (2018). Also see the recently published online Runaway and Homesless Youth Relationship Violence Toolkit from the US-based National Resource Center on Domestic Violence.
The Ministry of Social Development's (MSD) latest update on "sexual harm" service development provides updates on the national helpline, evaluation of "sexual harm" services, a registration of interest on service gaps, service guidelines and kaupapa Māori service pilot.
The new Safe to talk helpline will launch in the Canterbury region on 19 February 2018. This is an initial test of the helpline and referral pathways. Homecare Medical, who will operate the helpline, ran a workshop in Christchurch in December to identify referral pathways to local services. Additional workshops will be held in Auckland, Hamilton and Wellington between February and April. MSD will provide more information about these workshops soon. The helpline is expected to be available nationally in April 2018.
The evaluation of specialist "sexual harm" services is moving to the assessment (formative evaluation) phase. Malatest, who has been contracted to develop the evaluation, will be contacting providers of Ministry-funded specialist "sexual harm" services for feedback. This feedback will inform the development of the evaluation plans, performance monitoring tools and quarterly reporting. An advisory group has been formed with Te Ohaakii a Hine – National Network Ending Sexual Violence Together (TOAH-NNEST).
Other updates include:
- The Registration of Interest to fill gaps in "sexual harm" crisis support services in the Midlands and Southern regions closed on 2 February 2018.
- MSD will be contacting "sexual harm" crisis support services contracted by the Ministry for feedback on the Service Guidelines.
- Korowai Tumanako will begin delivering the kaupapa Māori service pilot addressing harmful sexual behaviour for non-mandated adults on 1 February 2018 in Te Atatu, Auckland.
Read the 30 January 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.
At the opening of Parliament in November 2017, the new Labour-led Government announced there would be an independent inquiry into abuse of children in state care.
Media has reported that details of the inquiry will be announced on Thursday.
In the lead up, a team of academic and legal experts has released findings from a survey of survivors and a proposed framework for the inquiry. A workshop is also being organised to review the Government’s draft terms of reference once they are released.
Symposium on inquiry into abuse of children in state care
A two-day symposium will be held on 14 - 15 February 2018 in Wellington. It is being hosted by the Aotearoa New Zealand Centre for Indigenous Peoples and the Faculty of Law at Auckland University; New Zealand Centre for Human Rights Law, Policy and Practice; and Institute of Criminology School of Social and Cultural Studies. The purpose is to evaluate and make recommendations on the Government’s draft terms of reference for inquiry into the abuse of children in state care. It will focus on the scope of the inquiry, compensation and apology. For more information see the Law Foundation which has provided some funding for the event.
Survey of survivors
The survey aimed to quickly capture survivor's views on an inquiry. More than 300 people completed the survey in November 2017. The brief report, Survivors’ Survey on Inquiry into Abuse in State Care (January 2018, see Annex 2), provides a summary of feedback from survivors on the following topics:
- Who should be heard?
- What should the inquiry focus on?
- Hearing accounts of abuse
- Powers
- Victim support
- Outcomes
- What else should be included?
The authors note that the survey provides only a limited overview and further, more comprehensive engagement with survivors is essential:
"It is vital that those establishing the Inquiry develop more substantive engagement with survivors, particularly those that do not have strong capacity or are disconnected from the above networks, before finalising any Terms of Reference."
"In a bid to make this survey short and time-effective, there are several issues that have not been covered. Again, further exploration of survivors’ views on the scope and practices of any Inquiry is recommended."
Proposed draft framework
Drawing on the survey and consultation with advocates, the authors have prepared a Draft Framework for a NZ Royal Commission into Abuse in State Care (December 2017, see Annex 1). The framework outlines 20 recommendations. In summary they are (paraphrased):
- The process must be at the highest level, a Royal Commission rather than an inquiry
- The Commission must consider different forms of abuse and care including the full range of abuse and neglect; impacts on victims, families, whānau and communities; and children, young people and vulnerable adults with disabilities
- The Commission must investigate and report on a range of issues related to the abuse, including investigating the factors that led to the targeting of Māori families by child welfare agencies and the over-representation of Māori in state care
- The Commission must outline the experiences of specific victim populations including Māori, children and adults with disabilities, and gender-based differences
- The Commission must include historic and current abuse in state care
- The Commission must hear evidence from a wide range of people including victims, their families and whānau, former staff, government and non-government officials, iwi and experts
- The Commission must be survivor-focused
- The Commission must have the power to retrieve all documentation not redacted and compel witnesses to appear
- The Commission must draw on existing research and consider the need for additional research
- The Commission must have the ability to review and revise previous compensation and establish new compensation policy
- The Commission must take action on redress including immediate support for survivors, assisting survivors to pursue further outcomes such as restorative justice or criminal prosecution, and outlining potential law changes
- The Commission must provide recommendations on changes to law, policy and practice to prevent further abuse
- The work of the Commission should support a public apology from the Prime Minister
- The Commission must be independent and receive administrative support
- Terms of Reference should be finalised with input from survivors and stakeholders
- The Commissioners must be independent and have experience with the issues
- The Commission should develop a survivors advisory panel for ongoing feedback
- The Commission should develop and be guided by a set of values
- The Commission should be adequately funded
- The Commission's work and public release of information should be staged over time
The team of authors included Elizabeth Stanley (Associate Professor in Criminology, Victoria University of Wellington), Anaru Erueti (Aotearoa New Zealand Centre for Indigenous Peoples, Senior Lecturer, Law School, University of Auckland), Sonja Cooper (Principal, Cooper Legal) and Rosslyn Noonan (Director, NZ Centre for Human Rights, Law School, University of Auckland). See the press release for more information.
Additional commentary about the pending inquiry
In a 2017 article, Revictimisation is a real risk in a state care abuse inquiry. Here is how to avoid it, academic Elizabeth Stanley argued for the scope of the inquiry not to be too narrow, or too wide. She also calls for the inquiry to consider current as well as historic abuse, calling the 1992 cut-off date for previous work on the issue "arbitrary."
CLAN NZ (Care Leavers Australasian Network NZ) has previously called for many of the same recommendations including establishing a Royal Commission, including all forms of abuse (not only sexual abuse) and including all types of out of home care, including faith-based organisations.
Advocate Paora Crawford Moyle has raised many of the same concerns and recommendations identified in the framework. Ms Moyle has also called for the inquiry to include all types of abuse and all types of care.
In an interview with Radio NZ, Prime Minister Jacinda Ardern said the inquiry would focus only on state care (see video at 4:30), saying:
"This for us is about the role that the state played. We need to hold responsibility, we need to open ourselves up to inquiring into the harm we had direct responsibility for. We haven't even done that yet."
The director of the Catholic Church's National Office for Professional Standards in New Zealand, Bill Kilgallon, has said it is a missed opportunity not to include faith-based organisations.
The Māori Women's Welfare League President Prue Kapua has urged the Government to "ensure victims and bodies and organisations that have had a long involvement in this issue are consulted so that we get it right and we can work towards a State care system that does not provide the opportunity for such abuse in the future.”
Ms Kapua highlighted that "Māori children are still being placed in State care at a higher rate than any other group." Data from the Ministry of Social Development shows that 61% of the children in state care are Māori (as at June 2017). It also shows that the number of Māori children in state care has increased every year for the last five years. (See Kids in care - National and local level data)
A recent report from Oranga Tamariki, the Ministry for Children found higher rates of harm among children in care than previously estimated.
Stephen Winter, Senior Lecturer in Politics and International Relations at the University of Auckland, has raised concerns about the current approach to monetary redress for survivors.
The Prime Minister said the Government would put out a starting point, but an independent chair would consult before specific terms of reference were defined (9 minutes into video).
Update: Prime Minister Jacinda Ardern and Minister of Internal Affairs Tracey Martin have announced the launch of a Royal Commission of Inquiry into historical abuse in state care. Former Governor-General, Rt Hon Sir Anand Satyanand, will chair the Royal Commission.
Related news: Australia and other international inquiries
The Australian Royal Commission into Institutional Responses to Child Sexual Abuse released its final report and recommendations in December 2017.
Families Commissioner Len Cook has published three short articles about what New Zealand could learn from the Australian Royal Commission (also see Part 2 and Part 3).
The Age of Inquiry is a project to map inquiries into abuse of children in institutional care globally. The goal is to develop a comprehensive, publicly available online database of child abuse inquiries. The project is based at La Trobe University in Australia. Learn more on the Find and Connect blog.
More information
For background information, see these previous NZFVC stories:
Individual client data, social investment, Whānau Ora & more - new government policy directions, November 2017
UN Racial Discrimination Committee recommends inquiry into abuse in state care, September 2017
Human Rights Commission calls for inquiry into abuse of people in state care, February 2017
Government criticised for decision to not conduct inquiry into child abuse, December 2016
Selected media
Editorial: Government's proposed abuse inquiry doesn't go far enough, The Press, 29.01.2018
Maori input vital for abuse inquiry, Waatea News, 18.01.2018
'The ground has been covered' - English on state abuse inquiry, Radio NZ, 17.01.2018
Government inquiry into child abuse will not include churches, sports clubs, NZ Herald, 16.01.2018
Catholic Church disappointed in abuse inquiry's limits, Radio NZ, 16.01.2018
Calls to include faith institutions in abuse investigation, Radio NZ, 12.01.2018
Abuse survivor says conviction rate 'a joke', Otago Daily Times, 04.01.2018
Church weighs sweeping reform, NZ Herald, 17.12.2017
A quiet genocide: The legacy of stolen indigenous children, Al Jazeera, 2017

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