He pitopito kōrero
News
News stories
Te Tari Taaki | Inland Review has published a policy framework and guidance for handling personal debt that is owed to the government. The document, A framework for debt to government: Guidelines for agencies managing personal debt owed to government (2023), was designed to help government agencies to design, implement and evaluate policy and operational processes related to the creation, collection or write-off of personal debt owed to government. The purpose of the framework is to address problem debt and the lack of consistency among government agencies in managing this type of debt.
The framework and guidance includes consideration of family violence and economic abuse under Part 3: The person-centred approach. This section of the framework outlines how agencies can collectively take into account an individual’s personal circumstances and their ability to repay the debt.
Paragraph 4.5 recommends how agencies can take a person-centred approach. It includes the recommendation that agencies:
"e) Have policies in place around when to refer debtors to financial capability support services or other services (including, where relevant, advocacy and dispute resolution services or specialist services that can support safety and wellbeing for victims of abuse)." (page 14)
Under assessing hardship, paragraph 4.8 outlines the factors that should be considered. This includes:
"Is the debt caused by a partner, ex-partner, family member or caregiver who has coercive control over the person’s finances? Is the person able to make independent and autonomous decisions about their finances? Is the debt adding to entrapment for someone experiencing family violence or abuse?" (page 15)
In relation to understanding the needs of groups most affected by debt, paragraph 4.32 states:
"Debt may sometimes be the result of economic harm. Agencies should ensure that they:
• Understand the signs of family violence and know how to support customers, including a referral system to expert support services,
• Avoid requiring evidence of family violence, and avoid requiring repeat disclosure of circumstances,
• Have a policy on allocation of debt in cases of family violence, and
• Have effective processes in place to protect information, including between account holders if necessary." (page 18)
The framework was developed by Inland Revenue, the Ministry of Social Development, the Ministry of Justice, and the Department of the Prime Minister and Cabinet. The work responds to recommendations from the Welfare Expert Advisory and Tax Working Groups to consider an all-of-government approach to prevent and manage personal debt owed to government agencies.
According to the Cabinet papers for the Policy framework for Debt to Government, the Cabinet Social Wellbeing Committee agreed to adopt the framework as a Cabinet policy tool and also agreed that "...policy papers submitted to Cabinet will include a discussion on whether the proposal is consistent with the principles and guidance in the framework" (see SWC-23-MIN-0092). The Committee also invited the joint Ministers involved with this work programme to report back to Cabinet in July 2024 on initial assessments of the framework, review of agencies' existing debt policies and operations against the framework, and advice on future reporting and evaluation. The Cabinet paper (SWC-23-SUB-0092) also highlighted:
"In terms of driving change, the framework can only be effective to the extent that Ministers choose to give effect to its principles in Cabinet decisions. The framework is forward-looking: there will be no application of the framework to existing policies, except insofar as Ministers agree to do this on a case-by-case basis."
The framework is included on the webpage for Cabinet paper consultation with departments under Consultation on other cross-government issues.
For more information see:
- National Collective of Independent Women's Refuges Inc. submission on the Draft Framework for Debt to Government (see other submissions)
- research reports on debt to government from the Social Wellbeing agency
- initial Reducing impact of debt to government Cabinet papers.
Also see related media below.
Related research on economic abuse
A recent report from Good Shepherd highlights experiences of economic abuse and systemic challenges experienced by victims. The report, Economic Harm Support Service Pilot Evaluation (2023) draws on an evaluation of a 12 month pilot of Good Shepherd NZ's Economic Harm Support Service. The report outlines experiences of economic abuse including: safety risks due to lack of financial resources or practices and policies that force victims to interact or disclose information to perpetrators, joint debt and economic entanglement including post separation, coerced debt, debt by deception and manipulation, economic control and restriction, children used as a way to abuse and control that involves financial entanglement and debt, immigration status used as a tool to control and abuse, and housing including tenancy obligations.
The report outlines systemic issues that compound risks and challenges for victims. For example, government policies that disadvantage victims, such as income thresholds that prevent victims from accessing support or limits to financial support. The authors highlight that:
"Government agencies contribute to the debt burden of family violence victims by requiring repayment of financial support to extract themselves from violent relationships."
They also note that systems are manipulated by perpetrators to cause further harm. The report also examines the successes of and increasing demand for the Economic Harm Support Service. The report concludes with recommendations for government and policymakers, the financial and debt sector, and the Economic Harm Support Service. For more information see the Good Shepherd media release Report Reveals Cost Of Being A Victim Of Violence and related reports on the Good Shepherd service.
Population based studies have found that women's lifetime prevalence of economic intimate partner violence increased from 4.5% in 2003 to 8.9% in 2019 in Aotearoa New Zealand. The researchers write that the finding of increased economic abuse and controlling behaviours "...has relevance from a policy and practice perspective, as it indicates that controlling behaviours and economic abuse need their own recognition and response."
Researcher Ayesha Scott has interviewed women in Aotearoa New Zealand about their experiences of intimate partner violence economic abuse including Family Court proceedings. See the following articles for more information about the research:
- Hidden hurt: The impact of post-separation financial violence in Aotearoa New Zealand (2020)
- Chapter 12: Post-separation financial abuse, the money taboo and the family justice system: perspectives from Aotearoa New Zealand (2023) in the Research Handbook on Family Justice Systems
- Financial Abuse in a Banking Context: Why and How Financial Institutions can Respond (2023).
For more Aotearoa research on economic abuse see
- Economic abuse in New Zealand: towards an understanding and response (2018)
- Women's experiences of economic abuse in Aotearoa New Zealand (2017)
- "What's his is his and what's mine is his" : financial power and the economic abuse of women in Aotearoa (2017).
For more information including international research search our library by economic abuse and financial abuse, Good Shepherd's Economic Harm information and a video Introduction to Economic Abuse from the Australia-based Centre for Women's Economic Safety and Insight Exchange.
Update: Research from He Koiora Matapopore | the New Zealand Family Violence Study looked women's experiences of economic abuse. The researchers identified that about 15% or one in seven women who have been in a relationship have experienced economic abuse. Further, economic abuse compounds the impacts of other forms of intimate partner violence and pushes women into poverty. See the article Economic Abuse by An Intimate Partner and Its Associations with Women’s Socioeconomic Status and Mental Health (2024) by Brooklyn M. Mellar, Janet Lynn Fanslow, Pauline J. Gulliver and Tracey K. D. McIntosh. Also see related media below.
Related news
The UN Working Group on discrimination against women and girls published the report, Gendered inequalities of poverty: feminist and human rights-based approaches (A/HRC/53/39) in April 2023. The report states:
"43. Poverty and gender-based violence, including sexual violence and denials of bodily autonomy, therefore interact in a vicious, mutually reinforcing cycle. Women and girls facing sexual harassment at work, violence at home or violence on the streets are unable to participate on an equal basis in the labour market, and this in turn means that they are also discriminated against in connection with contributory social security benefits and are more likely to experience poverty, violence and homelessness in old age."
The report makes recommendations for government, corporations, and international and regional economic, financial and monetary institutions. Chair of the Working Group Dorothy Estrada-Tanck presented the report to the UN Human Rights Council, saying the "...report demonstrated that poverty and socioeconomic inequality were the result of blatant systemic failures leading to a vicious cycle of exclusion and discrimination" (English translation by UN).
The 68th session of the Commission on the Status of Women will take place in March 2024. The priority theme is "Accelerating the achievement of gender equality and the empowerment of all women and girls by addressing poverty and strengthening institutions and financing with a gender perspective." The review theme is "Social protection systems, access to public services and sustainable infrastructure for gender equality and the empowerment of women and girls (agreed conclusions of the sixty-third session)."
The Mako Mama - Mangopare, the Single Parents Project report summarised findings from research on single parents involving focus groups and survey of 3,545 single parents. Of single mothers who responded to the survey, 67% had experienced violence and abuse from someone they were in an intimate relationship with. For 80% of these, the person from whom they experienced violence and abuse was the other parent of their child/children.
Related media
Old people financially abused as young ones run out of cash, Waikato Times, 25.03.2024
Opinion - Janet Fanslow: We need to speak up about economic violence, Newsroom, 21.03.2024
1 in 7 women experience economic abuse, study finds, RNZ, 06.03.2024
Economic abuse affecting around 15 percent of women in relationships, 05.03.2024
Westpac NZ steps up efforts to stop abusive payments, Westpac NZ Media release, 27.11.2023
The long-term impact of economic harm, Good Shepherd news, 20.11.2023
Using design to combat economic abuse, ANZ bluenotes [Australia], 18.10.2023
Poverty, patterns and politics, E-Tangata, 15.10.2023
Questions over effectiveness of child support system, RNZ, 12.10.2023
Tackling socioeconomic inequalities in Aotearoa, University of Auckland media release, 24.09.2023
Māori missing out on welfare entitlements, Waatea News, 23.08.2023
Debt grab hurting beneficiaries, Waatea News, 09.08.2023
Empowering women through social protection: UN rights office, UN News, 21.07.2023
Northlanders owe nearly $80m to Ministry of Social Development, NZ Herald, 27.06.2023
New research into single parents finds discrimination and stigma, RNZ, 02.05.2023
Researchers found sole parents treated with stigma by agencies, RNZ, 02.05.2023
'A bank account should be a human right' - Westpac, Stuff, 05.04.2023
Government's debt fairness plans revealed, One News, 03.03.2023
The findings from the He Waka Eke Noa project will be released in a series of free online webinars hosted by Tū Tama Wāhine o Taranaki in October and November 2023. He Waka Eke Noa is a comprehensive study of Māori understandings and experiences of violence. It includes the first national survey of Māori experiences of violence and pathways to intervene and prevent violence. Registration for the webinars is free.
The information from Tū Tama Wāhine o Taranaki describes the project:
“He Waka Eke Noa is a co-designed Kaupapa Māori project that is driven by Iwi and Māori social service provider aspirations to investigate the role of cultural frameworks in strengthening family and sexual violence prevention and intervention policies, practices and programmes.”
It also says:
“The project is grounded upon Kaupapa Māori theory and methodology and all components of the project are co-designed and co-produced whereby there is a strong commitment from all parties to ensure that tikanga, te reo, mātauranga Māori and whanaungatanga provide us with both cultural and ethical ways to progress this work to benefit whānau, hapū, iwi, urban Māori and Māori organisations.”
The webinars will take place over 3 Fridays, starting 27 October 2023, with 3 sessions each day. Findings will be presented by Professor Linda Tuhiwai Smith, Professor Leonie Pihama, Dr Cherryl Waerea-i-te-rangi Smith, Rihi Te Nana and Shirley Simmonds. Drawing on the research, the series highlights effective, evidence-based preventions and interventions for family and sexual violence, grounded in kaupapa Māori.
The webinars include the following sessions:
Friday 27 October 2023 – Contextualising and defining whānau violence
- 9 am–10.30 am He Waka Eke Noa – Introduction / Te Horopaki: Contexting Violence upon Māori and Indigenous Peoples – Professor Linda Tuhiwai Smith
- 12 pm–1.30 pm Defining Family Violence for Māori: Intersectionality and Violence – Professor Leonie Pihama
- 2.30 pm–4 pm Historical and Intergenerational Trauma: A Genealogy of Violence – Dr. Cherryl Waerea-i-te-rangi Smith
Friday 3 November 2023– Tikanga approaches to prevention and intervention
- 9 am–10.30 am Tikanga and Mātauranga Māori: Cultural Understandings and Healing – Rihi Te Nana
- 12 pm–1.30 pm Tikanga, Mātauranga and Healing Practices – Professor Leonie Pihama
- 2.30 pm–4 pm Rangatiratanga – Professor Linda Tuhiwai Smith
Friday 10 November 2023 – He Waka Eke Noa: Findings and meanings
- 9 am–10.30 am He Waka Eke Noa National Survey: Whānau Ora / Paeora – Shirley Simmonds
- 12 pm–1.30 pm He Waka Eke Noa National Survey: Mauri Ora / Waiora – Shirley Simmonds
- 2.30 pm–4 pm He Waka Eke Noa: Māori Cultural Frameworks for Violence Prevention and Intervention – Reflections from Kaupapa Māori Practitioners – Ngaropi Raumati and Billie-Jean Cassidy
Each session focuses on a chapter of the He Waka Eke Noa report. The report is due to be released in November 2023.
Register for free to attend any or all of the sessions. For questions about registration email sophie@aatea.co.nz.
Initial results from the project were previously presented at He Waka Eke Noa Conference in Christchurch in October 2022. Presenters at that hui explored questions including:
- How do Māori understand violence?
- What part do atua play in understanding violence?
- What does healing look like to Māori?
- How has the State failed whānau Māori?
- How do we create structural change?
Watch recordings from those presentations and previous webinars that shared early findings from the project. Also see early results in He Waka Eke Noa Survey: brief report of data on State violence.
He Waka Eke Noa is hosted by Tū Tama Wāhine o Taranaki. The project was developed in collaboration with Tū Tama Wāhine o Taranaki and Te Puna Oranga with funding from the Ministry of Business Innovation and Employment.
Related news
Te Pūkotahitanga, the Tangata Whenua Ministerial Advisory Group, is hosting the first National Wānanga specifically tailored for Māori working in family violence and sexual violence on 7 December 2023. The theme for the Wānanga is He whatumanawa ki tua. Te Pūkotahitanga's mission for the day is to exchange whakaaro on how to eliminate family violence and sexual violence through te ao Māori perspectives. Register for free by 22 November 2023.
Related media
Survey reveals widespread violence, Waatea News, 15.08.2023
Shirley Simmonds / He Waka Eke Noa National Survey, Waatea News, 14.08.2023
Indigenous knowledge for health and wellbeing, RNZ, 17.06.2023
Linda Tuhiwai Smith: Healing our trauma, E-Tangata, 20.03.2022
Information on how to make a complaint about Oranga Tamariki
The Ombudsman has created online information for children, young people and their family and whānau who are thinking about making a complaint about Oranga Tamariki or its care or custody providers. Find the information at nau-mai.nz.
It says that anyone can talk to the Ombudsman's office including children and young people, family members and caregivers, and other adults like teachers. You can talk to the Ombudsman's office about things like:
- How you are being treated
- Not being heard
- A decision being made that you don’t agree with
- Your pocket money or other allowances
- Experiences in care
- Contact with your family or friends
- Connecting with your culture
- Moving in or out of care
- Anything else.
There is information about what happens when you make a complaint, what happens if the Ombudsman investigates and how to contact the Ombudsman. It is free and confidential to contact the Ombudsman. You can call 0800 184 184 or email info@ombudsman.parliament.nz. Also see the Ombudsman's complaint process for children and young people, and for adults.
Children, young people and their families and whānau can also contact Mana Mokopuna – Children and Young People’s Commission or Aroturuki Tamariki | Independent Children’s Monitor for help with complaints. For more information see the guide to getting support and making a complaint in the oranga tamariki system. Children and young people in care can also contact, VOYCE – Whakarongo Mai, for help understanding their rights and expressing their views on any matter. This includes support to resolve issues or make a complaint.
Reports highlight issues in the Oranga Tamariki system
Ombudsman findings from complaints about Oranga Tamariki
In launching the information for children, Chief Ombudsman Peter Boshier said “Complaints have grown year on year... . In fact, more than 2,000 of them since 1 July 2019.”
The Chief Ombudsman recently published findings from a complaint from a 19 year old person who came into Oranga Tamariki’s care in 2004, at the age of 4 months. The complaint covered the person's entire time in care including experiences of harm in care, and how Oranga Tamariki had handled complaints of harm experienced by the young person. The Chief Ombudsman found that "Oranga Tamariki had not addressed the young person’s complaint in a reasonable timeframe, nor had it implemented or monitored all of the recommendations that stemmed from the Oranga Tamariki investigation." He recommended Oranga Tamariki provide an apology, financial remedy, and further therapeutic supports to the young person. See more Ombudsman outcomes of complaints related to children in care.
Report on Oranga Tamariki secure residences
The Oranga Tamariki secure residences and a sample of community homes: independent external review report was recently published in September 2023. The report identifies a number of issues, stating:
"...external pressures to fill beds that arise from the lack of placements, when combined with the lack of experienced and skilled staff who apply a consistent model of service delivery, means that time in residence is now being driven by the needs of the system and staff first, with the needs and experience of young people coming second."
The report outlines 8 areas of the residential operating model that require improvement. See the Oranga Tamariki response to the rapid review. The review was commissioned by former Police Commissioner Mike Bush at the request of the Oranga Tamariki Chief Executive, and undertaken by an independent team. The review was in response to allegations of inappropriate sexual behaviour by staff at Oranga Tamariki residences.
In announcing the report, Chappie Te Kani, Oranga Tamariki Chief Executive said "I accept the report and its findings in full." He also said a team and a report line had been set up to manage complaints, triage issues and get urgent work underway while the review took place. There have been 46 complaints or allegations involving Oranga Tamariki staff potentially causing harm to young people in care. The complaints ranged from inappropriate language, to more serious physical and sexual assaults. Of the 46 complaints, 28 were referred to Police for investigation. The remainder have been dealt with as employment matters. In addition, he stated that 22 kaimahi have been removed from Oranga Tamariki residences since 1 June 2023 and 3 staff members have been charged by Police for offences under the Crimes Act 1961. Te Kani further outlined leadership changes, the complaints process and actions to address health and safety. He also said:
"Most importantly, I want to acknowledge the rangatahi and tamariki who have been or continue to be cared for in our residences. You deserve the very best of our care and support.
The review reinforces the voices of many rangatahi who have called for change, who have asked to be understood in the context of their whakapapa and who have bravely shared their own experiences so that things can be different."
In response to the review, the Chief Children’s Commissioner Judge Frances Eivers said:
"The review outlines a vision where support and intervention matches the needs of each young person, with an emphasis on prevention, specialised care, therapeutic intervention, and whakapapa.
Mana Mokopuna supports that potential vision. This approach must be underpinned by strong partnerships with Māori, with community organisations, a strengthened workforce and adequate investment.
System change takes time. We see that some positive change is already underway, but this must be built on, with urgency."
See further commentary in the related media below. Find related Aotearoa New Zealand reports on secure residences in our library.
Aroturuki Tamariki | Independent Children’s Monitor's first thematic review report
Aroturuki Tamariki | Independent Children’s Monitor published a report looking at the experiences and practices for children and young people cared for at home while in State custody in August 2023. The report found that despite an increased focus by Oranga Tamariki on returning children and young people home, policies, practices and sufficient support are not yet in place. Read the full report, Returning Home From Care: An in-depth look at the experiences and practices surrounding tamariki and rangatahi cared for at home while in State custody (2023). Oranga Tamariki responded to the 6 issues identified in the report.
Background: Oranga Tamariki oversight and monitoring
Significant changes to Oranga Tamariki monitoring and oversight came into effect in mid-2023 as a result of the Oversight of Oranga Tamariki System Act 2022 and Children and Young People's Commission Act 2022.
Mana Mokopuna – Children and Young People’s Commission launched in July 2023 welcoming 6 new Children's Commissioners: Judge Frances Eivers is the Chief Children’s Commissioner and Chair of the board along with new Children's Commissioners Dr Claire Achmad, Donna Matahaere-Atariki, Dr Julie Wharewera-Mika, Josiah Tualamali’i and Ronelle Baker. Mana Mokopuna – the Children and Young People’s Commission is an independent advocate for all 1.2 million mokopuna aged under 18 in Aotearoa and care-experienced mokopuna aged up to 25. It replaces the Office of the Children’s Commissioner, previously established in 1989. Mana Mokopuna also monitors places where mokopuna are held in detention.
Aroturuki Tamariki | Independent Children’s Monitor continues to monitor the performance of the Oranga Tamariki system, including compliance, quality of practice and outcomes.
The Ombudsman handles complaints about Oranga Tamariki and its care or custody providers. The Ombudsman also investigates and monitors serious and significant issues.
For more information see the Cabinet papers on the Children and Young People’s Commission Organisational Model and the Cabinet papers that give effect to the oversight.
Related news - service for survivors of abuse in care
The Survivor Experiences Service started in July 2023. It provides a safe, supportive, confidential place for survivors of abuse in State, faith-based, or other forms of care to share their experiences. It is also open to hearing the experiences of whānau. Through the Abuse in Care Royal Commission of Inquiry, survivors expressed need for a service to share their experiences, between the closure of the Royal Commission and the time when a new redress system is established. The Survivor Experiences Service will run through to the introduction of the redress system, which is being led by the Crown Response to the Abuse in Care Inquiry.
Related media
New Chief Children's Commissioner: Claire Achmad, RNZ, 11.01.2023
Children's Commissioner on Oranga Tamariki report: 'They deserve to be safe', RNZ, 22.09.2023
Oranga Tamariki review: Agency refers 28 complaints over staff conduct to police, RNZ, 21.09.2023
Oranga Tamariki dumping kids back home, Waatea News, 10.08.2023 (listen to the full interview with Arran Jones on Waatea News)
Improvements urged for tamariki returning to parents while in state care - report, RNZ, 09.08.2023
Community visits to monitor welfare of children in care soon to begin, RNZ, 19.07.2023
Whakapapa connection trounces Oranga Tamariki lock-ups, Waatea News, 11.07.2023
Lady Tureiti Moxon: By Māori for Māori is the only solution for Māori, Te Ao Māori News, 08.07.2023
Punishment won’t fix OT woes, Waatea News, 06.07.2023
Urgent action needed to improve safety in justice facilities, union says, RNZ, 05.07.2023
Retribution call for rangatahi shows lack of compassion, Waatea News, 05.07.2023
Monitoring Oranga Tamariki big test of new office, RNZ, 04.07.2023
The last days of NZ's Children's Commissioner, RNZ, 24.06.2023
New monitor promises to be vigilant over Oranga Tamariki, RNZ, 23.06.2023
Commissioner calls for shut down of state youth facilities, RNZ, 22.06.2023
4th Gender Attitudes Survey
Gender Equal NZ, led by the National Council of Women of New Zealand – Te Kaunihera Wāhine o Aotearoa, published findings from the 4th Gender Attitudes Survey. The survey asks questions of the general public in Aotearoa New Zealand about their attitudes and beliefs, every 2 years.
While more people thought that gender equality had ‘for the most part been achieved’ (48% in 2023 compared to 40% in 2021 and 42% in 2019), the 4th survey also shows that rape myths and beliefs that condone violence and rigid stereotypes continue to persist.
For example:
- 30% of all respondents agreed that "Rape happens when a man's sex drive is out of control," compared to 27% in 2021 and 25% in 2019
- 33% of all respondents agreed that "False rape accusations are common," compared to 29% in 2021 and 34% in 2019
- 16% of all respondents agreed that "If someone is raped when they’re drunk, they’re at least partly responsible for what happens," compared to 16% in 2021 and 14% in 2019
- 11% of all respondents agreed that "You can’t really call it rape if someone doesn't physically fight back," compared to 10% in 2021 and 8% in 2019
- 13% of all respondents agreed that "hitting out is an understandable response for a man when his wife or girlfriend tries to end a relationship," compared to 17% in 2021 and 10% in 2019
- 25% of all respondents agreed that "A man who doesn’t fight back when he’s pushed around will lose respect as a man," compared to 27% in 2021 and 22% in 2019
- 14% of all respondents agreed that "Fathers should have more say than mothers in making family decisions," compared to 16% in 2021 and 11% in 2019.
Find more information about rape myths, see Victims Information on rape myths, a video and myths and facts from NZ Police, or search our library.
The survey included new questions about online harassment with 74% of all respondents agreeing that online harassment is a serious problem in Aotearoa New Zealand. However, fewer people agreed that "women are more exposed to online harassment than men" (63% of female respondents and 57% of male respondents). Multiple UN reports have highlighted growing online violence and harassment against women and girls.
There were some positive trends with a slight increase in people who agreed that gender equality is a fundamental right (81% in 2023 compared to 79% in 2021, 79% in 2019). In addition, more people agreed that lessons about healthy relationships, including consent should be taught to all year groups including younger age groups. For example, 23% of respondents agree that lessons about healthy relationships, including consent should start with children in Years 0-6 compared to 13% in 2019.
While there was also an increase in people agreeing that gender diversity should be taught in schools/kura, the increase was mostly focused on older age groups. In addition, 21% agreed that no such information on gender diversity should be included in any years compared to 11% of respondents in 2019. This is despite the survey also finding there have been significant increases in acceptance of transgender men and women. For example, 74% agreed they would be comfortable with a transgender man being part of their immediate family compared to 65% in 2019 and 75% agreed they would be comfortable with a transgender woman being part of their immediate family compared to 63% in 2019. The level of acceptance of gay and bisexual men and lesbian and bisexual women has not shifted significantly, with 76% of all respondents agreeing they would be comfortable with a gay or bisexual man being part of their immediate family and 81% with a lesbian or bisexual woman being part of their immediate family. The Disinformation Project highlighted that harm and hate towards transgender and non-binary people in Aotearoa has increased this year, in their report Transgressive transitions; Transphobia, community building, and community bridging within Aotearoa New Zealand’s disinformation ecologies March-April 2023.
For the full results from the survey see the downloadable 2023 Gender Attitudes Survey report or the interactive Gender Attitudes Survey e-reporting tool. A recording of the event to launch the survey findings is also available.
National Council of Women New Zealand President Suzanne Manning said "This latest survey confirms that there is still a significant way to go before we can genuinely say that gender equality in Aotearoa New Zealand has been achieved."
The survey is designed to be a nationally representative sample of the New Zealand adult population. Gender Equal NZ works with Research NZ to conduct the surveys.
Related news
Update: UN Women has published a new discussion paper, Social norms, gender and development: A review of research and practice (2023). It presents findings from a scoping review of studies and evaluations of programmatic interventions to shift social norms, as well as insights from a broader body of evidence tracing how social change happens.
The Rainbow Violence Prevention Network with help from Rape Prevention Education has published Rainbow Best Practice Guidelines (2023). The guidelines are designed for frontline practitioners as a resource to upskill in working with Rainbow communities. Both the full guidelines and a summary are available.
Rainbow Health Australia published Pride in Prevention Partnership Guide: A guide for partnerships to support primary prevention of family violence experienced by LGBTIQ communities (2022). It has information for LGBTIQ practitioners and organisations and family violence prevention practitioners and organisations focused on primary prevention of family violence experienced by LGBTIQ communities. Also see their previous resource, Pride in Prevention: a guide to primary prevention of family violence experienced by LGBTIQ communities (2020) which outlines a new conceptual model for understanding LGBTIQ experiences of family violence, along with priority actions for primary prevention.
The United Nations Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, Victor Madrigal-Borloz, published the report Protection against violence and discrimination based on sexual orientation and gender identity (A/78/227) in July 2023. The report looks at the impact of colonialism in violence and discrimination based on SOGI (sexual orientation and gender identity) and makes recommendations for the United Nations system and Member States. Also see the short summary of the report.
UN Women, United Nations Population Fund (UNFPA), United Nations Development Programme (UNDP) and the World Health Organization (WHO) have joined up to launch the RESPECT Women website. It is a new online platform with information to support concrete actions in policies and programmes to prevent and respond to violence against women and girls. It is based on the RESPECT framework which is based on human rights and gender equality principles. The Framework provides step-by-step guidance on how to design, implement, monitor and evaluate interventions and programmes on preventing violence against women. One of the 7 evidence-based strategies from the framework is focused on transformed attitudes, beliefs and norms.
UN Women published a new policy brief Doing violence prevention well: Matching aspirations with funding timeframes (2023). The brief outlines types of violence prevention activities that are appropriate based on the funding time frame and includes global examples. It identifies prevention activities that would be appropriate for funding that cover 1 year, 2 years, 3 to 5 years and above. It also lists funding and prevention practices that are not effective and should be avoided. The brief highlights that an effective community mobilisation approach to prevention requires 4 to 5 years of dedicated flexible funding. It goes on to say that "Short time frames and the political pressures to show quantifiable results are two of the biggest challenges currently facing the VAW field."
Australia-based Safe+Equal has created a new resource to support action against the drivers of family and gender-based violence, called Driving Change (2023). Based on the drivers of violence, the resource focuses practical and positive actions that everyone can take to end family and gender-based violence. It lists examples of what change can look like to address 4 key drivers of violence.
Related media
Preventing sexual violence is critical, no matter who's in government, The Press, 08.10.2023
Silence not a political option when it comes to family violence, The Press, 11.09.2023 (also see related comments from the National Network of Family Violence Services)
Working with men who use violence: Aotearoa research, resources and updates
Media and the recent Ministry of Social Development registration of interest for men’s behavior change has brought attention and discussion to programmes for men who use violence. We highlight key research, resources and updates from Aotearoa New Zealand.
Mana Tāne research project
The Mana Tāne research project was part of the Amokura Family Violence Prevention project, a Tai Tokerau iwi-led violence prevention strategy which ended in 2011. To explore how tāne Māori become violence free, Mana Tāne interviewed 20 tāne Māori who had been identified by wāhine Māori as ‘Safe Tāne Māori’. Tāne also needed to live in or whakapapa to Tai Tokerau and to have been exposed to violent environments. The report, A Mana Tāne Echo of Hope: dispelling the illusion of whānau violence (2009), shares findings from the project.
The report concluded that for these tāne, becoming safe had required two strategies. The first was replacing abusive thinking with non-abusive Māori values: “As Tāne Māori explored the messages within their own life stories, and those of their immediate and wider whanau networks regarding oranga whanau, a non-abusive Maori values base began to be established.” The second strategy was replacing abusive peers, practices and environments with supportive friends: “The characteristics of support people changed as significant change occurred, which prompted forsaking acquaintances and events still tied to violent abusive behaviours.”
Wāhine involved in the project also explored what Safe Tāne Māori means. They made 5 observations about Safe Tāne Māori:
“1. they are fallible, but can strengthen their resolve to change as they develop;
2. they demonstrate empathy and are comfortable with talking about their feelings;
3. they discovered better ways to deal with anger;
4. they were active participants in facilitating space for healing loved ones affected by abuse;
5. they accepted culpability for their actions and thinking.”
Family Violence Death Review Committee’s Sixth report
The New Zealand Family Violence Death Review Committee’s (FVDRC) Sixth report: Men who use violence | Te Pūrongo tuaono: Ngā tāne ka whakamahi i te whakarekereke (2020) looked at the lives of 97 men who used violence against their partners. They found missed opportunities to turn men away from their pattern of violence. The report reframes the understanding of men’s use of violence against women as holding “...the dignity and safety of women and children at the centre while also acknowledging the potential for men to change their behaviour.”
The report highlights “...the lack of resources and support for men who want to stop using violence,” while also warning that “It is important that our work with men does not reduce the resources available to support women and children.”
The report found that all of the men:
“...do have the capacity to move away from using violence (Table 8) when services:
• use strategies that recognise the relationship between structural and interpersonal violence
• focus on healthy masculine norms to promote behaviour change, responsibility and accountability
• reconnect men with positive forms of social support, including cultural reconnection and restoration
• engage wider organisation structures, families, whānau and communities in the change process
• set an expectation that men as fathers can make a positive (rather than violent) contribution to the family environment
• address negative health and social factors, such as poor housing, lack of employment, and drug and alcohol abuse, while acknowledging that where a man has no experience of these factors, it does not rule out the possibility that he will use violence.”
The FDVRC report highlighted the 0800 HEY BRO helpline as a promising initiative, writing that it aims to " '...de-escalate the situation, provide an empathetic ear and navigate them to a safer place. This service also helps to remove barriers to men who want help but don’t know how to approach help seeking on a face to face basis.' "
0800 HEY BRO (0800 439 276) is a 24/7 prevention helpline, for men who feel like they might harm themselves or someone else, as well as other mental health support. Wāhine, rangatahi and tamariki can also call the helpline. The team provides support during the call as well as wrap-around support as needed, including access to counselling and treatment to help men live without violence.
0800 HEY BRO was launched in 2018 by He Waka Tapu, a kaupapa Māori organisation operating in Ōtautahi (Christchurch), and now Hakatere (Ashburton) and Chatham and Pitt Islands. Founder of 0800 HEY BRO, Damien Petersen, recognised that the only support available to men was after they had hurt someone — there was no support to prevent the violence.
Ngai Tahu's Te Karaka Magazine highlighted 0800 HEY BRO's approach:
"Callers are supported in real time on the phone, as well as receiving in-depth support after that first call is completed. Programmes are put in place and tools are given to all callers – both tāne and wāhine – to navigate their relationships towards their own wellbeing. Jackie [Jackie Burrows, He Waka Tapu CEO] says this fits in with the broader kaupapa of He Waka Tapu – embedding preventative measures into our whānau and communities."
See the related media below for information about related programmes for men, such as the Seuga programme offered through Christchurch-based Aviva.
Related resources
He Ara Mataora is a website with information and tools to help people who want to stop violence without using state services such as police and courts, social workers or agencies. The website contains information about violence and responding to violence, stories from people responding to violence, and tools for people who have been harmed, people who are causing harm, and people who want to help to work out what to do, based on their situation and values.
Te Wānanga o Raukawa launched He Ara Mataora in 2018. Te Wānanga o Raukawa recognised the lack of options for people wanting to end violence without using the State’s criminal system, saying the negative impact of the State's criminal system “...makes our communities less safe, and makes it harder for people to get the support they need. … We need ways to respond to violence that strengthen our communities.”
Te Wānanga o Raukawa is a tikanga Māori tertiary education provider based in Ōtaki since 1981. He Ara Mataora project was started to support communities based on the Wānanga experience with Te Kawa o te Ako. Te Kawa o te Ako is an expression of the guiding kaupapa of Te Wānanga o Raukawa. Te Wānanga o Raukawa developed Te Kawa o te Ako to maximise the learning and teaching potential of their students and staff, and to prevent problems: “In particular, it aims to curb activity reducing the capacity to learn and teach.” He Ara Mataora is intended to help people develop their own strategies for responding to violence based on their situation and values.
Related news
The draft report, Uncover, Discover, Recover: The Peer-Led Journey to Redemption for Men Who Have Used Violence (2023), shares findings from an evaluation of the SafeMan, SafeFamily programme. The evaluation was funded by the Ministry of Social Development and completed by Point Research and Awa Associates.
The MSD Family Violence and Sexual Violence updates for July and June, highlighted new MSD website campaigns focused on men. To find out more about these campaigns contact MCP_Social_Action@msd.govt.nz.
Related media
Fathers Fono - The importance of culture within our families, Pacific Media Network, 06.11.2023
Workshop aims to reconnect Samoan fathers to fa'asamoa, Pacific Media Network, 24.08.2023
PFL Partner Series: Taeaomanino Trust, Pasifika Futures news, 17.08.2023
Tauawhi opens respite house for men, The Gisborne Herald, 12.08.2023
PFL Partner Series: Fono Faufautua Samoa, Pasfika Futures news, 11.08.2023
Barber launches app to tackle Pacific men's mental health issues, PMN News, 13.07.2023
She Is Not Your Rehab founders launch wellbeing app for men, One news, 27.06.2023
Working with men who use violence: new Australia, UK and US research
This story highlights recent research and resources informed by research from Australia, the UK and the USA. In our previous news story, Working with men who use violence Part 1, we focused on key Aotearoa New Zealand research and information.
Tool for practitioners to assess programmes for men and boys
The Working with Men and Boys for Social Justice Assessment Tool is an online tool for organisations and advocates to self-assess and improve their work with men and boys. This includes programmes focused on preventing men's violence against women, young men's relationships, fathering, men's health and wellbeing, and more.
The Tool is designed for leaders, designers and facilitators of programmes for men and boys to review and strengthen principles of gender and social justice in their programmes. It is based on research and practice in social justice, gender studies and the sociology of men and masculinities. It asks a series of questions related to principles that cover 4 areas:
- aims and focus
- scale and support
- teaching and learning
- evaluation and improvement.
The questions cover a range of issues including non-violence, masculinity, racism, patriarchy and more. It was designed by Australian researchers Amanda Keddie, Michael Flood, Shelley Hewson-Munro, Anna Halafoff and Maria Delaney and involved input from Our Watch, Safe and Equal, Dardi Munwurro, Jesuit Social Services and the Centre for Resilient and Inclusive Societies.
For more information about the tool, see the brief issues paper or watch the video overview of the tool. Also see related publications from the project team members:
- Reflexivity, ethics and accountability: facilitators working for gender transformation with boys and men (2023)
- Programmes for boys and men: possibilities for gender transformation (2022)
- Intersectionality and social justice in programs for boys and men (2022)
- Understanding and addressing gender-based violence: an Australian Indigenous approach (2021).
Update: The Working Together With Men model from Australia, is an approach that engages men in forms of allyship to co-create small scale projects with those most impacted by gender-based violence. Working Together With Men 2.0 — Tools and templates for accountability and action was published in December 2023.
Review of global research on perpetrators
The report, Who uses domestic, family, and sexual violence, how, and why? The State of Knowledge Report on Violence Perpetration (2022), was written by Australian researchers Michael Flood, Chay Brown, Lula Dembele and Kirsti Mills. It reviews current Australian and global data and research.
The authors highlight that "Most [domestic, family and sexual violence] perpetration happens without ever coming to the attention of police or legal systems." While they call for police and legal responses to be safe and accountable, they also write "...the focus and investment of efforts to reduce and prevent perpetration, hold perpetrators accountable, and provide justice for victim-survivors must fall outside these systems to have lasting effects."
They call for systemic and cultural change to lessen the risks of violence, writing "Prevention and response efforts should include attention to the personal and systemic changes that will encourage desistance from and the cessation of violence perpetration." The report explores risk and protective factors, and makes recommendations for future research. For an overview of the report, see The Conversation article by the report authors, Who is perpetrating domestic, sexual and family violence?
Research methods
Researchers from the UK reflected on the challenges and ethics in conducting research interviews with men who have used violence. In their article, Researching Men's Violence Against Women as Feminist Women Researchers: The Tensions We Face (2023), the authors, Sandi Dheensa, Karen Morgan, Beverly Love and Helen Cramer, reflected on their research work with 2 studies of domestic violence perpetrators programmes that involved interviewing men as they entered, participated in and exited the programmes. The authors reflect on several challenges including: building rapport without colluding with the men, finding ways to talk about violence without alienating the men, personal safety, over-investing in change for the men and responding with additional support to men's disclosures of trauma. The author's discussion also includes some reflections on how their personal gender and ethnic identities intersect with these challenges.
For related information see the one of the author's blog posts, Why doing research with domestic abuse perpetrators is challenging (2023) and the article, Methodological Challenges in Group-based Randomised Controlled Trials for Intimate Partner Violence Perpetrators: A Meta-summary (2023).
Research on digital interventions
Recent research from Australia highlights that digital interventions can provide “...a safe, private space for men to reflect on their behavior and the consequences of their use of violence” but the lack of interpersonal interaction can pose challenges in balancing accountability with non-judgmental, compassionate engagement. The authors of “Help Me Realize What I’m Becoming”: Men’s Views on Digital Interventions as a Way to Promote Early Help-Seeking for Use of Violence in Relationships (2023) write:
“Thus, a website or app—like a MBCP [men’s behaviour change programme] —would need to tread a fine line between holding men accountable for their behavior and emphasizing the negative consequences for themselves and their families, whilst also avoiding making men feel that they were inherently “bad” and cannot change. This is challenging to achieve without the feedback and interaction typically available in a MBCP or a one-on-one counseling session.”
And they go on to say:
“It is important to remember that the context we propose for a digital intervention is early engagement; the aim is not to provide therapeutic support or to replace programs such as MBCPs or one-on-one counseling. The balance of accountability versus hope for change therefore needs to be informed by the end-goal of encouraging a man to seek help for his use of violence.”
Rosanna Bellini and Nicole Westmarland have researched the use of video-conferencing and other forms of digital based interventions with men using violence. Their article, “We adapted because we had to”: how domestic violence perpetrator programmes adapted to work under COVID-19 in the UK, the USA and Australia (2023), shares findings from interviews with people working with perpetrators of intimate partner violence and related non-government organisations. Practitioners reported an increase in using digital services to replace in-person work. Practitioners also talked about how this shifted the group dynamic and created challenges to ensuring safety for victims and privacy for perpetrators. The authors discuss the need to integrate safety support services for victims when offering digitally-based interventions for perpetrators.
Bellini and Westmarland have also published A problem solved is a problem created: the opportunities and challenges associated with an online domestic violence perpetrator programme (2021). This research looked at a pilot online court mandated programme for men who were perpetrators of domestic violence based in the US. The programme took place before the COVID pandemic and involved video-conferencing online. While the remote programme created opportunities such as reaching rural men, the authors identified a number of challenges unique the online format including the need to adapt group facilitation styles, additional risks to personal safety for facilitators and ensuring safety for victims especially the challenge of partnering with victim-survivor services when participants and victims might be geographically spread. See the preliminary findings from this research in the authors' earlier report Initial lessons learned from using video conferencing software to deliver interventions for men using violence in intimate relationships (2020). Find more reflections and resources related to service delivery adaption from the pandemic in our COVID-19 Information for specialist family violence and sexual violence services.
Update: Also see the related reports from Australia-based Monash Gender and Family Violence Prevention Centre 'Just opens up a whole new possibility of change': A review of the Men's Exploring New Directions online program (2023) and “You can’t just … add a bit of rainbow dust”: A review of the Clear Space online family violence behavioural change program for GBTQ+ men and non-binary people (2023).
Aotearoa New Zealand research
For Aotearoa New Zealand research see our recent news story, Working with men who use violence Part 1: Aotearoa research, resources and updates. For more information search our library by the perpetrators/offenders quick topic search or see our Issues Paper: Responding to perpetrators of family violence (2016).
Related media
What it's like to learn someone you care about is violent [Australia], ABC, 07.08.2023
Barber launches app to tackle Pacific men's mental health issues, PMN News, 13.07.2023
She Is Not Your Rehab founders launch wellbeing app for men, One news, 27.06.2023
De-radicalising from the 'manosphere', ABC Podcast [Australia], 17.03.2023
Ram Raid Offending and Related Measures Amendment Bill
Introduced in August 2023, the purpose of the Ram Raid Offending and Related Measures Amendment Bill is to "...to reduce youth-dominated offending by increasing accountability for those who engage in the criminal behaviour covered by the bill."
The call for submissions gives an overview of the proposed changes. The bill proposes to change legislation to:
- specifically criminalise ram raiding, the new offence would carry a maximum penalty of 10 years’ imprisonment
- allow the taking of bodily samples from 12 and 13 year olds who are before the Youth Court for a ram raiding offence
- allow 12 and 13 year olds to be prosecuted for a ram raid offence in the Youth Court without being a previous offender
- add a factor for the Youth Court to consider where a young person is being sentenced for offending, if the young person livestreamed the offending, posted a copy of the livestreaming online, or distributed a copy of the livestreaming by means of a digital communication
- add an aggravating factor for sentencing for an adult who aids, abets, incites, counsels, or procures any child or young person to commit any offence
- add an aggravating factor for sentencing for a person who livestreamed the offending, posted a copy of the livestreaming online, or distributed a copy by means of a digital communication.
The Ministry of Justice disclosure statement on the bill raises some issues with the proposed legislation stating:
"The changes in this Bill for child are counter to the United Nations Committee on the Rights of the Children position that the minimum age of criminal responsibility should be at least 14 years old.
There are also other applicable international obligations such as the United Nations Convention on the Rights of Persons with Disabilities and the United Nations Declaration on the Rights of Indigenous Peoples. These proposals may raise issues about our alignment with these conventions, particularly as they are likely to disproportionately affect Māori and disabled children and young people."
The disclosure statement also noted:
"Under the active protection and partnership principles, there is a strong te Tiriti o Waitangi based argument that Māori should be consulted. Although there was no consultation with Māori on the proposals in the Bill due to time constraints, officials analysed the proposals in this Bill against the principles of the Treaty of Waitangi and the Crown’s Treaty obligations.
Officials have identified strong Māori interests in some of the proposals, particularly those which target youth offending, and the broadening of provisions allowing for DNA sampling of children (discussed at parts 3.5 and 3.5.1 below) as this whakapapa information has significance in te ao Māori. Māori are likely to be disproportionately affected by the proposals."
The disclosure statement also noted there may be issues with privacy laws for children and young people.
The Attorney-General's report on the bill also raises concerns stating:
"I have considered this Bill for consistency with the New Zealand Bill of Rights Act 1990 (Bill of Rights Act). I conclude it appears to be inconsistent with the right of a child, in determination of a charge, to be dealt with in a manner that takes account of the child’s age (section 25(i)), the right to be secure against unreasonable search or seizure (section 21), and the right to freedom of expression (section 14)."
The Attorney-General discusses the minimum age of criminal responsibility including international standards and calls from the United Nation Convention on the Rights of the Child. The report also highlights:
"The evidence indicates formal criminal justice involvement is often associated with adverse consequences for the child and society, in particular by potentially increasing chances of reoffending. On the other hand, children have greater capacity for rehabilitation, and this is reflected in the relevant articles of both the ICCPR and UNCROC which stress responses to child offending that promote rehabilitation, reintegration and avoidance of judicial proceedings. These materials indicate early contact with the criminal justice system should be avoided."
For more information about the Government's work programme related to young people who offend, see the Beehive media releases:
- System shake-up to tackle youth and gang crime
- Youth Justice system to be strengthened
- New offence for ram raiding, young offenders to face more accountability
- New intensive turnaround programme launched to break the cycle of offending.
Responses to the proposed legislation
In response to the Government's announcements on youth justice and young offenders:
Chief Children’s Commissioner Judge Frances Eivers, said
"These announcements have signalled the Government’s intent in very broad strokes. As an advocate for children’s rights and welfare, we cannot condone law changes that seek to incarcerate children when the emphasis should be on looking at the causes of the offending with a view to eliminating it in the future."
Amnesty International is calling for the Government to raise the minimum age of criminal responsibility from 10 to at least 14 years old in general, saying:
“Today’s announcement flies in the face of human rights and ignores the evidence that punitive approaches don’t work to reduce youth offending. Just last night, the United Nations Committee Against Torture asked the NZ Government what steps it was taking to raise the age of criminal responsibility in line with international best standards, which would be at least 14 years old. Instead, the Government is giving up on its commitment to children’s rights by introducing a new offence that could criminalise 12- and 13-year-olds.”
Amnesty International Aotearoa New Zealand, JustSpeak and People Against Prisons Aotearoa also issued a joint media release writing they "...are deeply disappointed by the changes that have been announced. We are calling on the Government to commit to transformational change by the number of youth justice residences and ensuring community based rehabilitation is prioritised for young people."
See further responses in the media below.
Related news
The Paediatric Society of New Zealand and Amnesty International are calling for the age of criminal responsibility in Aotearoa New Zealand to be raised, noting that currently 10 and 11-year-olds can face life sentences.
In their Concluding observations on the sixth periodic report of New Zealand (2023), the United Nations Committee on the Rights of the Child noted they were seriously concerned that "The minimum age of criminal responsibility is below international standards and is offence-based rather than child-centred" and "Māori children remain disproportionately represented in the youth justice system and are overrepresented among young people who die by suicide in closed institutions" (see paragraph 42).
In their recent Concluding observations on the seventh periodic report of New Zealand, the United Nations Committee against Torture raised the same concerns about the minimum age of criminal responsibility and the disproportionately high numbers of Māori children in the juvenile justice system (see paragraph 37d). The report specifically recommended the State should (paragraph 38):
(a) Raise the minimum age of criminal responsibility, in accordance with international standards;
(b) Repeal the practice of remanding children into police custody and reduce the proportion of children in secure youth justice residences who are on remand, including by investing in the development of community-based residences and strengthening the availability and use of non-custodial measures;
(c) Actively promote non-judicial measures, such as diversion, mediation and counselling, for children accused of criminal offences and, wherever possible, the use of non-custodial sentences, such as probation or community service;
(d) Ensure that all children have access to mandatory legal assistance from the outset of their deprivation of liberty and that they are never interrogated without the presence of a lawyer;
(e) Ensure that detention conditions comply with international standards, including with regard to access to education and health services, and, for pretrial detention, that detention is reviewed on a regular basis with a view to its withdrawal;
(f) Take all measures necessary to reduce the incarceration rate of Māori children and ensure that their detention undergoes regular judicial review;
(g) Explicitly prohibit the use of force, including physical restraints, and of pepper spray and spit hoods against children under supervision and promptly investigate all cases of abuse and ill-treatment of children in detention and adequately sanction the perpetrators;
(h) Immediately end the practice of solitary confinement for children in detention, including informal solitary confinement;
(i) Provide children in conflict with the law with information about their rights, ensure that they have access to effective, independent, confidential and accessible complaint mechanisms and legal aid and protect complainants from any risk of reprisals.
See further commentary on the UN reports in the related media below.
Submissions are also open on the Electoral (Lowering Voting Age for Local Elections and Polls) Legislation Bill. This bill would allow young people 16 or 17 years old to be eligible to vote in local elections and polls. It would not change the voting age for parliamentary elections. The bill would establish a new category of electors, named youth electors, and provide for 16-year-olds and 17-year-olds to be registered on a youth electoral roll. Submissions are due 20 October 2023.
The Office of the Privacy Commissioner is asking for feedback on whether the current laws and regulations protecting children’s privacy rights are working, today and in the future. The project is initially only seeking feedback from professionals who work with children and non-government organisations who advocate for children and young people. The Office plans to ask for feedback in early 2024 "...from tamariki/children and rangatahi/young people, as well as whānau and the wider community. For tamariki and rangatahi, we will be engaging via iwi." Feedback is due by 30 November 2023. Update: The final report from the project, Safeguarding children and young people’s privacy in New Zealand, was published in April 2024. See the Privacy Commissioner's media release New Survey Shows We All Need To Sharpen Up About Privacy Risks For Kids.
Related media
Law Society sounds warning over proposed ram raid legislation, Law Society News, 14.03.2024
Teen offenders: ‘We are your future – whether we’re in jail or not’, Newsroom, 13.03.2024
Teens beg MPs to stop ram raid bill as committee hears opposition, NZ Herald, 12.03.2024
Putting the boot in, Newsroom, 10.03.2024
Boot camps whole new thing says Chhuor, Waatea News, 08.03.2024
Under fire Oranga Tamariki to oversee “beneficial” boot camps, Waatea News, 06.03.2024
'Military-style academy' for young offenders to be running by mid-year, RNZ, 06.03.2024
First boot camp for young offenders to be running by mid-year, Minister says, RNZ, 05.03.2024
Govt cracking down on serious youth offending, Beehive media release, 05.03.2024
Proposed ram raid law 'leads nowhere good', Children's Commissioner says, RNZ, 26.10.2023
Ram Raid Offending and Related Measures Amendment Bill Judge Frances Eivers, Waatea News, 26.10.2023
The Ram Raid Bill w/ Lisa McLaren October 24, 2023, b95fm, 24.10.2023
Ram raid plea: Don’t throw more children into crowded youth justice homes, Newsroom, 19.10.2023
Youth justice programme expands to break cycle of offending, Beehive media release, 03.10.2023
Youth crime isn't more common, it's just more visible, RE:news, 26.09.2023
Govt forges ahead with legislation despite breaching Kiwis' fundamental rights, Newshub, 30.08.2023
Judge Frances Eivers: Let’s save one child at a time, E-Tangata, 06.08.2023
Submissions open
Submissions are open on the following bills:
- Victims of Sexual Violence (Strengthening Legal Protections) Legislation Bill
- Victims of Family Violence (Strengthening Legal Protections) Legislation Bill
- Family Proceedings (Dissolution for Family Violence) Amendment Bill
Submissions are due on 20 October 2023 for all bills.
The NZ Parliament website notes "There are currently no select committees following the dissolution of the 53rd Parliament on 8 September 2023. You can still make submissions for open items of business. Submissions remain in care of the Clerk of the House until Select committees have been re-established for the 54th Parliament." The 2023 General Election will be held on 14 October 2023.
Victims of Sexual Violence (Strengthening Legal Protections) Legislation Bill
Justice Minister Ginny Andersen introduced the Victims of Sexual Violence (Strengthening Legal Protections) Legislation Bill in August 2023. The bill has 2 main purposes: 1) to reduce the risk of child victims of sexual violence being questioned about consent to sexual activity in court and 2) to require the court to consider victims' views about name suppression in sexual violence cases.
The Explanatory note of the bill gives an overview, stating:
"Amendments to the Crimes Act 1961 reduce the risk of child victims of sexual violence being questioned about consent to sexual activity.
Under sections 128 (sexual violation defined) and 128B (sexual violation), lack of consent and lack of reasonable belief in consent must be proved. The Bill inserts a new subclause within section 128B, ensuring the section does not apply if the alleged victim is under 12. This prevents children from being subjected to questions in court about whether they wanted, asked for, or even enjoyed the sexual activity.
A child-specific offence, section 132 (sexual conduct with a child under 12), already guards against this line of questioning by explicitly preventing consent as a defence. The Bill amends section 132(1) (sexual connection with a child) so that the maximum penalty available is 20 years’ imprisonment, aligning with that for sexual violation."
It also states:
"Amendments to the Criminal Procedure Act 2011 clarify the law so that automatic name suppression settings both protect complainants’ privacy and support complainants’ autonomy. The Bill does this by expanding the purpose of relevant provisions and requiring the court to consider complainants’ views about the publication of identifying details.
Victims can be disempowered by the lack of streamlined process or readily available information for how to apply to lift automatic name suppression. A new, prescriptive process will be set out in the Criminal Procedure Rules 2012. The Bill amends section 203 (automatic suppression of identity of complainant in specified sexual cases) to account for this new process. Whether complainants want their privacy or to speak out about their experience, these amendments will help to ensure that the court system responds appropriately and efficiently."
For more information see the call for submissions and the Ministry of Justice Regulatory Impact Statement: Strengthening legal protections for victims of family violence and sexual violence (2023).
Update: The Chief Victims Advisor released the report Name suppression processes for victims of sexual violence (2020).
Victims of Family Violence (Strengthening Legal Protections) Legislation Bill
Justice Minister Ginny Andersen introduced the Victims of Family Violence (Strengthening Legal Protections) Legislation Bill in August 2023. The bill addresses litigation abuse, which involves misusing the court system to harass, threaten, control, coerce or abuse. The call for submissions on the Victims of Family Violence (Strengthening Legal Protections) Legislation Bill gives an overview, stating:
"The amendments would allow Judges to restrain a party from filing further steps in family proceedings under specified Acts where the court is satisfied that:
• the party has exhibited conduct that was an abuse of the court (this would include conduct intended to harass or annoy any other party to the proceeding)
• it had given that party a reasonable opportunity to be heard."
Media outlet The Post reported that The Backbone Collective has raised concerns that the proposed legislation could backfire and become a tool used by abusers as women are often forced to make multiple and ongoing applications to the court to raise genuine safety concerns for their children. Deborah Mackenzie of The Backbone Collective, called instead for a new specialist model for responding to violence in the Family Court, including a screening process for abuse cases on entry to the system.
Legal academic Bridgette Toy-Cronin argues that courts should view litigation abuse as part of a wider pattern of abuse involving coercive control, concluding that “It is important, however, that a lens of coercive control is sustained in the analysis [of litigation abuse], rather than reverting to an incident-based view of the harm.” See her full article Responding to abusive litigation: Short v Short (2022) published in the New Zealand Women's Law Journal.
For more information see the Ministry of Justice Regulatory Impact Statement: Strengthening legal protections for victims of family violence and sexual violence (2023).
Family Proceedings (Dissolution for Family Violence) Amendment Bill
The Family Proceedings (Dissolution for Family Violence) Amendment Bill is a member's bill introduced by Labour MP Angie Warren-Clark. The bill would amend the Family Proceedings Act 1980. It would allow a person in a marriage or civil union to apply for a court order dissolving that union if they have been the victim of family violence from the other person in the relationship without waiting 2 years. An order could be granted where a protection order has been registered under the Family Violence Act 2018 or via the Sentencing Act 2002. See the related media below for information. Make a submission on the Family Proceedings (Dissolution for Family Violence) Amendment Bill.
Related news
The sentencing for the murder of Farzana Yaqubi has brought attention to the need to reform the laws related to stalking in Aotearoa New Zealand. Farzana Yaqubi was murdered by a man who had been stalking and harassing her. Before her death she had reported the stalking and harassment to police.
Advocates have been calling for a law specific to stalking. The Auckland Coalition for the Safety of Women and Children, the National Collective of Independent Women's Refuges and the National Council of Women of New Zealand | Te Kaunihera Wāhine o Aotearoa have written the policy brief A Stalking Law for New Zealand: Why it is necessary and what it should look like (2022). These issues had previously been identified in the National Collective of Independent Women's Refuges report, Relentless not Romantic: Intimate Partner Stalking in Aotearoa New Zealand (2019).
The Labour Party recently said they would explore "...the possibility of creating an offence for stalking with a penalty of imprisonment." Media outlet Newshub reported that Greens, TOP (The Opportunities Party) and National have committed to making stalking a criminal offence.
Related media
Convicted sex offenders fear online threats, given permanent name suppression, Stuff, 21.11.2023
Family say court suppressions made toddler death 'invisible', RNZ, 21.11.2023
Name suppression leaves dead toddler 'faceless and nameless' - whānau, RNZ, 21.11.2023
Women won't be safe if the names of predators are kept secret, The Post, 22.10.2023
Survivors want Supreme Court to hold sex offender 'publicly accountable', Stuff, 19.10.2023
'Landmark decision': Supreme Court to rule on teen sex offender's name suppression, RNZ, 19.10.2023
Russell Smith | Co-Director/Senior Clinician, Korowai Tumanako, Waatea News, 10.08.2023
Preventing sexual violence is critical, no matter who's in government, The Press, 08.10.2023
Focus: Stalking survivor doubtful about election law change promise, NZ Herald, 16.09.2023
First reading of family violence divorce bill 'incredible' for survivor, One News, 31.08.2023
Divorce law amendment bill hearing a ‘momentous occasion’ for survivor, The Press, 31.08.2023
Government delivers more support for victims of crime, Beehive media release, 10.08.2023
Organisation concerned by crime crackdown policy, RNZ, 18.07.2023
Misconception guidance for judges and lawyers and published
Te Kura Kaiwhakawā | The Institute of Judicial Studies published Responding to misconceptions about sexual offending: Example directions for judges and lawyers (2023).
It draws on current research to identify what should be considered a misconception, and to provide evidence-based information about the behaviour and responses of victims and offenders. It contains examples of directions that judges can tailor to give to juries to address potential misconceptions about sexual offending. The purpose of giving directions is to reduce the risk that jurors will use false information, sometimes referred to as rape myths.
The guidance, Responding to misconceptions about sexual offending: Example directions for judges and lawyers, was developed in response to new requirements for judges established by the Sexual Violence Legislation Act 2021. Judges are now required to talk to the jury to dispel any misconceptions relating to sexual violence that might have been brought into a case (see section 126A of the Evidence Act). The document is designed to support judges in giving these directions to juries.
It has been made public based on a recommendation from the Law Commission to help prosecution and defence lawyers prepare for sexual violence hearings. The document is available on Ngā Kōti o Aotearoa | Courts of New Zealand website. Te Kura Kaiwhakawā welcomes comments or suggestions about this document. Feedback can be sent to TeKura@justice.govt.nz.
Related research
The introduction to Responding to misconceptions about sexual offending: Example directions for judges and lawyers highlights:
"Sexual offending is an area that is commonly misunderstood by people without training or education in the area. Research has shown that jurors may believe myths and misconceptions about sexual offending, and that this can affect how they consider the evidence in sexual cases."
For more information on rape myths and misconceptions about sexual offending in Aotearoa New Zealand see the following open-access books by Elisabeth McDonald:
In the absence of a jury: examining judge-alone rape trials (2022)
The wider research team supporting this work included Paulette Benton-Greig, Sandra Dickson and Rachel Souness.
Also see the video recording of the Intimate partner rape and the trial process: Research, reflections and reform event we co-hosted with the Michael and Suzanne Borrin Foundation in March 2023.
New research from Australia has identified that rape myths and stereotypes have persisted in sexual violence court cases despite reforms. Researcher Professor Julia Quilter said:
"Reforms to date have been important, but there are aspects of what makes sexual offence trials so traumatic for many complainants that have not yet been addressed."
"There is scope to do more to improve the experience for complainants, so that stereotypes and narratives that are out of step with contemporary values no longer feature in sexual offence trials".
Read the full report, Experience of Complainants of Adult Sexual Offences in the District Court of NSW: A Trial Transcript Analysis (2023).
Latest sexual violence victimisation monitoring report from MOJ
The Ministry of Justice (MOJ) has published Progression and attrition of reported sexual violence victimisations in the criminal justice system: Victimisations reported April 2017– March 2023. The report looks at data for sexual violence victimisations that are reported to New Zealand Police, and how these cases moved through the criminal justice system. Some key findings from the report include that:
- fewer sexual violence victimisations are resulting in a conviction or prison sentence within two years, as more remain active in court
- sexual violence victimisations are taking longer to get through the court process
- reports of sexual violence have increased for all victims including children and young people, adults and historic child sexual assault.
This is the second annual report looking at these trends. Both reports build on the 2019 report, Attrition and Progression: Reported Sexual Violence Victimisations in the Criminal Justice System. See related reports and factsheets from the MOJ research programme including the new factsheet Child victims of sexual violence in the criminal justice system (2023).
Legislation updates
The Victims of Sexual Violence (Strengthening Legal Protections) Legislation Bill and Victims of Family Violence (Strengthening Legal Protections) Legislation Bill passed their first reading and were referred to the Justice Select Committee. At the first reading, Justice Minister Ginny Andersen said:
"These bills address three issues with current legislative settings, and the changes that they will bring are these: addressing problematic lines of questioning and align the penalties of sexual offences when the victim is a child; removing barriers to lift victims' automatic name suppression; and to provide new ways to address litigation abuse in family proceedings."
Update: Submissions are now open and due by 20 October 2023 on both the Victims of Sexual Violence (Strengthening Legal Protections) Legislation Bill and Victims of Family Violence (Strengthening Legal Protections) Legislation Bill.
This legislation is part of the Government's 3-year work programme focused on victims. In addition to the proposed bills, the Government also announced additional support to the Victim Assistance Scheme including a new grant for victims of sexual violence (see the Guidance on Grants Available to Victims of Sexual Violence updated 1 July 2023).
For more information on the Ministry of Justice Better Outcomes for Victims Work programme see the Cabinet paper Better Outcomes for Victims: Work Programme.
The Government had previously announced new pilots to improve victims’ safety, ensure victims are heard in bail decisions and strengthen support for child victims of sexual violence.
The Parliamentary select Justice Committee has published their final report in response to the petition of Layba Zubair on Consent law reform. In responding to the petition, the Committee noted the recently introduced Victims of Sexual Violence (Strengthening Legal Protections) Legislation Bill proposes changes to ensure that children under the age of 12 would not be questioned about whether they consented to sexual activity. The Committee also stated:
"We agree that the law on consent in this area is due for reexamination. Having a consistent definition of consent in the legislation may help to protect victims of sexual crimes. We think that the Government should consider examining offences involving sexual conduct and consider including a definition of consent in the legislation. We suggest that any such investigation should look at the experiences of sexual violence survivors and experts in the field to ensure that all victims of sexual crimes are appropriately protected by the law."
In a recent Conversation article, Focusing on consent ignores better ways of preventing sexual violence, researcher Nicole K. Jeffrey calls for sexual violence prevention work to move beyond consent and explore ethical values and norms. For related research see the following:
- Is consent enough? What the research on normative heterosexuality and sexual violence tells us (2023) by Nicole K Jeffrey
- Shifting the line: boys talk on gender, sexism and online ethics (2021) from the Shifting the Line project
- Communicating absence of consent is not enough: the results of an examination of contemporary rape trials (2020) by Elisabeth McDonald
- Beyond consent: Sexual violence prevention with young men (2020), lecture from Nicola Gavey
- What does faking orgasms have to do with sexual consent? (2018) by Melanie Beres
Find more research by searching our library under the key term consent. For background information see the overview of sexual violence and the law from TOAHNNEST.
Updates from the Courts
The Chief Justice's Annual Report 2022 was published in August 2023. It provides an overview of all New Zealand Courts, how the Ministry of Justice and judiciary work together, and highlights current justice initiatives. The report notes that work is underway to publish online specialist bench books including the Sexual Violence Trials Bench Book and the Family Violence Bench Book. Bench books are a resource designed for and by judges that bring together up-to-date case law and statute, legal commentary and practice directions. The report also notes that a project trialling a Family Violence Operating Model will begin in 2023 in the Christchurch Family Court (see page 47).
The District Court of New Zealand | Te Kōti-ā-Rohe o Aotearoa's Annual Report 2022 was also published. It provides an update on Te Ao Mārama noting the primary focus in the family justice area will be on care and protection and family violence proceedings (see pages 5 - 6).
Related news
Labour MP Angie Warren-Clark's member's bill, Family Proceedings (Dissolution for Family Violence) Amendment Bill, passed the first reading and was referred to the Parliamentary Select Justice Committee in August 2023. The bill would allow a victim of family violence in a marriage or civil union to apply to dissolve the marriage or civil union without waiting 2 years.
Update: Submissions are now open and due by 20 October 2023 on Family Proceedings (Dissolution for Family Violence) Amendment Bill.
In May 2023, a District Court Judge ruled that ACC must provide help to a woman who suffered post traumatic stress disorder due to image-based abuse after a former partner shared an intimate recording without the woman's consent. ACC had initially declined her claim.
The Legal Services Amendment Bill received Royal Assent on 30 August 2023. Minister Ginny Andersen's announcement notes that the bill removes interest on unpaid legal aid debt and removes the one-off $50 user charge paid by most people who receive civil and family legal aid, when their application is successful.
Related media
Russell Smith | Co-Director/Senior Clinician, Korowai Tumanako, Waatea News, 10.08.2023
Preventing sexual violence is critical, no matter who's in government, The Press, 08.10.2023
Latest justice statistics released, Ministry of Justice media release, 19.09.2023
First reading of family violence divorce bill 'incredible' for survivor, One News, 31.08.2023
Divorce law amendment bill hearing a ‘momentous occasion’ for survivor, The Press, 31.08.2023
Consent law reform report ‘beacon of hope’ for survivors, advocate says, Stuff, 25.08.2023
Judges consider listening to a trial recording to assess 'the vibe', Stuff, 24.08.2023
'Evil goes unpunished': Home detention for sex offenders and names kept secret, Stuff, 15.08.2023
No results found.
Please try different keywords or filter options.
Subscribe to our Pānui and our News and Events mailing lists
Never miss an update! Receive the latest news and event information directly to your inbox.