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Cases and media highlight Harmful Digital Communications Act
These cases have drawn attention to the Harmful Digital Communications Act (HDCA), with advocates and experts calling for a review of the Act and the HDCA Approved Agency, Netsafe.
In one case, Christchurch MP Sara Templeton went to court under the HDCA to determine who was behind a sustained campaign of online harassment against her. Sara shared her story with media outlet Stuff, highlighting how she worked with Netsafe. Journalist Michelle Duff has also highlighted politicians experiences of gender-based online violence, abuse and threats.
While Sara Templeton's case highlights a successful outcome through the HDCA, another case highlights limitations and opportunities for improvement. Media outlet Newsroom highlighted the experiences of two women whose former partner used the HDCA to further harass them. The women had previously each had a relationship with the man, each woman had a protection order against him, and he had been convicted of breaching both protection orders. The man made a complaint to Netsafe under the HDCA against one of the women. Netsafe provided him with information which he used to file court proceedings under the HDCA against both women and a third woman, who had supported the victims. Netsafe refused requests from the women to release information to them about the complaint. One of the women filed a complaint with the Office of the Privacy Commissioner who found that Netsafe had breached the Privacy Act and had interfered with the women's privacy, and referred the three women to the Director of Human Rights Proceedings. The Human Rights Review Tribunal found that Netsafe breached and interfered with the privacy of the three women, and has ordered Netsafe to pay $100,000 in damages.
Newsroom spoke to the women whose privacy was breached, reporting that "...two of the women demanded greater scrutiny of the $4 million in public contracts that have been awarded to Netsafe, and of any public funding sought by Cocker's new company, the Online Safety Exchange Ltd." Martin Cocker is the former CEO of Netsafe and was ultimately responsible for the decisions related to this case. He resigned in November 2021. Newsroom also reported that one of the women also raised concerns about Netsafe's understanding of "...the nuances of coercive control and abuse" and whether the organisation was appropriate "...to be funded as an agency to assist victim survivors of abuse."
In a November 2021 article victim advocate Ruth Money and lawyers Arran Hunt and Kathryn Dalziel called for improvements in the HDCA process and protections. They also called for improvements in training and response for both Police and Netsafe in relation to victims of violence.
In an August 2021 interview with RNZ, legal researcher Paulette Benton-Greig noted gaps in the options available to victim survivors to receive assistance and support under the HDCA or when working with Netsafe, such as cases where the person refuses to remove the digital communication but the victim survivor does not want to take action through the courts. She also highlighted the lack of options for further accountability or education for individuals who cause harm after the initial online incident is resolved through Netsafe.
Changes to laws addressing harmful digital content
The Harmful Digital Communications Act 2015 was recently amended through the Harmful Digital Communications (Unauthorised Posting of Intimate Visual Recording) Amendment Act 2022, which came into effect in March 2022. It amends the HDCA to make it an offence if a person posts intimate visual recordings without the consent of the person in the recording, or if the person is reckless as to whether the victim has given consent. The changes also include the ability for the Court to make interim orders during proceedings which can include orders to take down or disable the material. Previously, to be considered an offence it had to be proven that the person who shared the content intended to cause harm, and the harm had to meet a threshold. The Ministry of Justice news on the Changes to New Zealand’s Harmful Digital Communications Law noted "The new offence recognises that it is inherently harmful to share an intimate visual recording of someone without their permission. The Police now only need to prove in court that the content has been shared or posted without consent – there is no requirement to prove harm." For more information see the Netsafe summary of the Amendment Act.
The Films, Videos, and Publications Classification Act 1993 was recently amended by the Films, Videos, and Publications Classification (Urgent Interim Classification of Publications and Prevention of Online Harm) Amendment Act 2021, which came into law in February 2022. It amends the Act to criminalise the livestreaming of objectionable material and introduces new enforcement tools for government. For more information see the Te Tari Taiwhenua | Department of Internal Affairs media release New tools to deal with harmful illegal material online and information on NZ’s process for responding to violent extremism online.
More information
In March 2022 the Australian Government eSafety Commissioner published Women in the Spotlight: Women’s experiences with online abuse in their working lives. The research involved a survey of 1,491 women who were working or had recently worked, and 20 interviews with women who had experienced online abuse in their working lives. One in three women surveyed experienced online abuse in a work context. We have previously highlighted research and information about gender based cyber violence in Aotearoa New Zealand and legislation and policy work in Europe to address gender based cyber violence.
The Disinformation Project published a brief on Understanding mis- and disinformation in Aotearoa New Zealand (November 2021) and a Working Paper: Mis- and disinformation in Aotearoa New Zealand from 17 August to 5 November 2021 (November 2021). The Disinformation team is an interdisciplinary team brought together by Te Pūnaha Matatini, a Centre of Research Excellence hosted by the University of Auckland. Also see the article .nz, harmful content, and how we make the system work by Andrew Cushen, InternetNZ's Interim Chief Executive.
We have previously highlighted the links between violent extremism and violence against women. In addition, this article on Assessing Misogyny as a ‘Gateway Drug’ into Violent Extremism (January 2022) explores the links between misogyny and extremism including violence that takes place online. Also see the new report Understanding the Links between Gender-Based Violence and Mass Casualty Attacks: Private Violence and Misogyny as Public Risk (April 2022).
Related news
The Government is reviewing the Search and Surveillance Act 2012. The Act controls how Police and other law enforcement agencies can search people or property and carry out surveillance. Some parts of the Act are relevant for victim survivors of family violence. For example the Act has relevance in cases of child exploitation material, in situations expanding a digital search warrant to internet-based data, and warrantless searches for high-risk offenders with patterns of serious sexual or violent offending who have tampered with their electronic monitoring device. The review is part of the Government’s response to the Royal Commission of Inquiry into the terrorist attack on the Christchurch masjidain on 15 March 2019. The Ministry of Justice also notes that "...the Law Commission and the Ministry of Justice reviewed the Act in 2016/17 and made 67 recommendations, which have yet to be considered by Government."
The review is taking a phased approach. The first phase involves working with Māori Treaty partners and with ethnic, faith-based, youth, rainbow, and other interested communities between April and June 2022. The second phase will involve wider public engagement.
Related media
Filmmaker Rosie Morris on the reality of deepfake porn, RNZ, 04.11.2023
Piripi Winiata | Lawyer and facilitator for Netsafe [interview], Waatea News, 29.07.2022
How new Netsafe CEO Brent Carey plans to clean house, NZ Herald, 25.07.2022
Meet the man tasked with making the internet safe, The Spinoff, 12.07.2022
Govt learns of undisclosed Netsafe exit package through the media – again, Newsroom, 09.06.2022
Netsafe made secret exit payment to advisor accused of domestic assault, Newsroom, 08.06.2022
Playing catch-up to protect kids from digital harm, RNZ, 29.05.2022
Anti-bullying agency Netsafe apologises to government but not to victims, Newsroom, 20.05.2022
Publicly funded anti-bullying agency Netsafe faces new employment case, Newsroom, 13.05.2022
Chief Censor on ‘operating at the bottom of the cliff’, Newsroom, 05.05.2022
UK watchdog will have power to impose huge fines on big tech firms, The Guardian, 05.05.2022
White supremacism biggest source of illegal content - DIA report, RNZ, 28.04.2022
Apple launches new child safety feature in New Zealand, RNZ, 27.04.2022
EU law targets big tech over hate speech, disinformation, One News, 25.04.2022
How Netsafe went from championing online safety to fighting bullying claims, The Front Page podcast, 19.04.2022 (also see the related article Chris Keall: Privacy breach payout is third strike for Netsafe, NZ Herald, 07.04.2022)
PM: Online abuse has become worse but it can get better, Te Ao Mārama, 13.04.2022
Thousands of Kiwi women impacted by partner-led cyber abuse, One News, 12.04.2022
Violent misogynistic language 'unthinkable' a few years ago, NZ spy boss says, Stuff, 11.04.2022
Followed, threatened and abused — being a Māori advocate in the pandemic, Stuff, 09.04.2022
'Indictment on our society': Minister for women condemns misogynistic abuse, Stuff, 08.04.2022
Embattled, cash-strapped Netsafe faces ruling on human rights breaches, Newsroom, 25.03.2022
Netsafe announces Brent Carey as new CEO, Netsafe media release, 22.03.2022
2 years in prison or $50K fine for ‘revenge porn’ offenders, One News, 03.03.2022
‘Emotionally disturbing’ - Revenge porn victim’s battle for justice, One News, 02.03.2022
Bullying inquiry: Netsafe is not safe, say employees, Newsroom, 15.12.2021
The Ministry of Education's Relationships and Sexuality Education guidelines were updated in 2020. The new resources are designed to support using the new guidelines to plan for teaching, learning, and assessment in relationships and sexuality education.
The resource collection includes six videos that highlight examples of effective practice of schools in Aotearoa New Zealand for different parts of the guidelines.
The collection also includes an overview for programme planning considerations and individual guides addressing:
- Effective pedagogy in relationships and sexuality education
- Relationships and sexuality education progressions
- Relationships and sexuality education key learning and the underlying concepts of health and physical education
- Frequently queried topics by student years.
Other resources in the collection include an interactive Guide to LGBTIQA+ students and the guide Ka huri i te kōrero: changing the conversation around pornography, developed jointly by the Ministry of Education and the Classification Office to support school teachers to talk about pornography.
In announcing the resources, Associate Education Minister Jan Tinetti said “These new resources reflect feedback that schools need to take more action against bullying, violence, and child abuse, to be more inclusive, and to help students recognise the importance of diversity and respect in relationships. The new resources, along with the curriculum guide released in 2020, are our response to these calls.”
Related news
The announcement of the resources has prompted calls for compulsory consent education (see related media below). However, Associate Professor Melanie Beres has previously written about the need to move beyond consent education, commenting that
"If we want to reduce Aotearoa’s sexual violence rates, we need to shift our focus from solely teaching young people about consent and instead work to dismantle harmful gender norms that have trapped our youth for generations."
Media outlet Stuff has reported that ACC has confirmed that funding for Mates & Dates healthy relationships programme will end in December 2022. The Mates & Dates programme aims to prevent sexual and dating violence by teaching young people the knowledge and skills to engage in safe, healthy and respectful relationships. Stuff further reported that ACC is working with the Ministry of Education to evolve healthy consensual relationships education for young people as part of the national strategy Te Aorerekura.
Related media
Ready Steady Learn w/ Marta Estellés: April 26, 2022, 95bfm, 26.04.2022 (for more information see the Arts Beyond Borders website)
Dawn Picken: Let's talk about sex - part II, Bay of Plenty Times, 23.04.2022
Schools look out for rainbow policies, Waatea News, 20.04.2022
'Contraception never came up': sex ed in Catholic high schools, Re:News, 20.04.2022
Students welcome inclusive sexuality education, One News, 13.04.2022
Government gives school sex education a refresh but it won't be compulsory, Newshub, 13.04.2022
The Department of Internal Affairs (DIA) is leading the consultation.
The closing date to make a submission is 28 April 2022.
The Government is seeking public feedback on options for changes to the pokies (Class 4) Gambling (Harm Prevention and Minimisation) Regulations 2004.
Data from the 2020 Health and Lifestyles Survey indicates that about 10 percent of New Zealanders play pokies, with one in five players considered to be at-risk from gambling harm. In announcing the review, Internal Affairs Minister Jan Tinetti said pokies are the most harmful form of gambling in Aotearoa New Zealand, saying “Harmful pokies gambling accounts for the majority of referrals to gambling treatment providers, and for much of the second-hand gambling harm experienced by a gambler’s whānau and friends.”
She went on to say:
“Gambling harm tends to affect those who can least afford it and may already be experiencing social or financial challenges. This includes our Māori and Pacific communities. Gambling can not only lead to debt, but financial hardship, family violence, relationship strain and difficulties sustaining employment, among other harms.
“We encourage any community or individual who wishes to get involved with the review to have their say, by providing feedback and ideas on the proposed changes.
“We have the chance to create serious change. Feedback from public consultation in addition to harm treatment providers, societies and gambling venues will help us create regulations informed by gamblers, their whānau and friends, and people who work with those experiencing harm.”
The discussion document for the review outlines three focus areas with questions for each area:
"Part 1: Reducing harm in venues (identifying and responding to signs of harmful gambling, and better staff training)
Part 2: Reducing harm from pokie machines (changes to machine features that could make them safer)
Part 3: Reducing harm through stronger compliance (penalties and enforcement)."
DIA has provided a submission form. Submissions can be emailed to pokiesconsultation@dia.govt.nz or posted to:
Gambling Policy Team
Department of Internal Affairs
PO Box 805
Wellington 6140
This work aligns with the Government’s current Strategy to Prevent and Minimise Gambling Harm 2022/23 to 2024/25 and is one of several areas of work to reduce harm from gambling in Aotearoa New Zealand.
For more information on pokies see DIA's website on Gambling in Pubs and Clubs (Class 4).
Research has shown there are links between gambling and family violence. For more information search our library under the topic problem gambling.
Update: In November 2022, Internal Affairs Minister Jan Tinetti announced changes to strengthen the requirements in venues which have pokie (gambling) machines to reduce the harm they cause people.
Update: The Government announced new regulations the Gambling Harm Prevention and Minimisation Amendment Regulations 2023 to strengthen gambling harm minimisation in class 4 venues following the consultation. For an overview of the changes see Te Tari Taiwhenua | Department of Internal Affairs announcement in June 2023 about the Updated Legislation to Minimise Gambling Harm and the Beehive media release Government delivers changes to reduce pokies harm.
Related media
Government invests to minimise gambling harm, Beehive Media Release, 27.06.2022
Pokies sucked more than $8 million out of this small Waikato district in a year, Stuff, 17.04.2022
Pokies ‘legislated waste of money’, Gisborne Herald, 30.03.2022
Māori encouraged to submit on pokies review, Waatea News, 18.03.2022
Pokie machines review to help Pasifika gambling support groups, PMN News, 18.03.2022
Pokies under fire as rules review kicks off, Te Ao Māori News, 17.03.2022
The Ministry for Business, Innovation and Employment (MBIE) is leading the consultation.
The closing date to make a submission is 28 April 2022.
MBIE is seeking feedback on a proposed review framework for Schedule 2 of the Accident Compensation (AC) Act 2001. Schedule 2 lists the occupational diseases covered under the Accident Compensation Act. Currently there is no formal or regular process for reviewing and updating Schedule 2. The list has not been updated since 2008.
The MBIE consultation notes that the purpose of the proposed framework for a regular review of Schedule 2 is to:
- "Ensure the occupational diseases listed are relevant to the experiences of working New Zealanders;
- Enable it to be kept up to date with modern medical and epidemiological evidence;
- Improve claimants’ access to Work-Related Gradual Process, Disease or Infection cover."
The consultation also noted that "A regular review framework could also address gaps in our understanding of how occupational diseases impact different population groups in Aotearoa New Zealand."
In announcing the consultation, Minister for ACC Carmel Sepuloni said:
“I am also focused on improving gender equity in the AC [Accident Compensation] Scheme. As part of that, a regular review framework, which would take gender into account, could improve our understanding of how occupational diseases impact different population groups in Aotearoa New Zealand.
“By addressing these gaps in our understanding, a review could be used to improve awareness and preventative action against how occupational diseases impact men as well as women.”
The consultation document outlines in more detail the issues that could be addressed through a framework for regular review, including:
- "Improve understanding of how Schedule 2 applies to both males and females in Aotearoa New Zealand"
- "Improve understanding on how Schedule 2 impacts different population groups."
In both areas, the consultation document notes the lack of research in Aotearoa New Zealand examining differences in occupational diseases (see pages 14 and 15 of the consultation document for more information). For an occupational disease to be included in Schedule 2, there must be strong scientific evidence of a causal link to a work-related risk.
MBIE has provided a submission form. You can also write a submission. Submissions can be sent by email to ACregs@mbie.govt.nz or posted to:
The Manager, Accident Compensation Policy
Workplace Relations and Safety Policy
Ministry of Business, Innovation and Employment
PO Box 1473
Wellington 6140
The consultation is not reviewing which diseases should be included in Schedule 2. The consultation also does not include Schedule 3 of the Accident Compensation Act, which outlines Cover for mental injury caused by certain acts dealt with in Crimes Act 1961 such as sexual violence. For more information see the MBIE Consultation.
Related news
The Government is also consulting on a proposed New Zealand Income Insurance Scheme. The scheme would provide protections to workers made redundant, laid off, or who have to stop working because of a health condition or disability. This would include receiving 80 percent of usual salary for up to seven months, up to the current ACC cap. The proposal also includes up to twelve months of support for re-training. MBIE is leading the consultation. The closing date to make a submission on this consultation is 26 April 2022. For more information and to make a submission see the consultation on A New Zealand Income Insurance Scheme. Also see Minister of Finance Grant Robertson's announcement for the scheme.
Related media
ACC review finds privacy policies outdated, poorly understood by staff, RNZ, 14.06.2022 (also see the ACC media release, Independent review into our handling of information has been released, 14.06.2022)
ACC cuts staff access to sensitive claim files, RNZ, 31.03.2022
Domestic violence survivors 'left hanging' without support for brain injuries, Stuff, 12.03.2022
NZ still a long way from gender equality, Newsroom, 08.03.2022
Life-changing brain injuries in domestic violence survivors going unrecognised, 08.01.2022
Petition calls for a New Zealand women's health strategy, RNZ, 07.04.2021
Gender gap: Health strategy urgently needed as 'women are dying' - experts say, Stuff, 09.03.2021
Our aim at the New Zealand Family Violence Clearinghouse (NZFVC) is to provide equitable access to quality research and information that can help to inform policy and practice in Aotearoa. This includes drawing on both Western and Māori knowledge systems as well as practice informed evidence. How these systems of knowledge can inform our understanding of violence prevention will be a key focus for the NZFVC as we move forwards.
As you may be aware, at the end of last year (2021) the NZFVC underwent structural changes, welcoming two new Academic Co-Directors, Dr Terry Dobbs (Academic Director Māori) and Professor Nicola Gavey (Academic Director Tauiwi) as well as putting in place two new Advisory Groups (Tangata Whenua and Tauiwi).
As we continue an exciting new year of mahi, we are keen to gather feedback to ensure that the NZFVC is continuing to provide access to research and information in ways that support our collective efforts to prevent and respond to family violence and sexual violence in Aotearoa. We would like to know what is working well and how we could improve or do things differently. We really appreciate your support in giving us your feedback.
NZFVC 2022 Survey
The survey is open until 5pm, 14 April
Disability Toolkit for Policy
The Disability Toolkit for Policy is designed to support policy-makers and decision-makers to think about disability implications throughout the process of developing policy. The Office for Disability Issues (ODI) said: "For New Zealand to be a non-disabling society, we need policy and decision-makers to consider how their interventions can create a place where disabled people have an equal opportunity to achieve their goals and aspirations. This toolkit will show you how."
This Toolkit is designed to help practitioners:
- consider the needs and aspirations of disabled people and their family/whānau,
- explore the disability impacts of policy throughout the development process,
- prompt thinking by asking key questions and providing examples and links to useful information and data,
- incorporate Te Tiriti o Waitangi, the New Zealand Disability Strategy, and New Zealand’s obligations under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) into policy and practice.
The Toolkit provides guidance on seven steps:
- Thinking about disability issues at the start of the policy process
- Engaging with the disability community
- Embedding disability into the policy issue
- Incorporating disability into the policy options
- Incorporating disability into Cabinet papers, information and communications
- Considering disability throughout implementation
- Considering how disability outcomes can be monitored and evaluated.
ODI recommends reading through the whole Toolkit to learn and prepare and notes:
"More time may be required to incorporate your insights into action (e.g. engaging with disabled people or implementing your policies in different ways). While you may not be involved in every step of the policy process, it is worth considering each step and being clear with colleagues on the desired outcomes (for example, those involved in delivery, implementation or monitoring of the policy)."
The Toolkit is designed to be used alongside similar tools such as the Ministry for Women’s Bringing Gender In. The ODI media release noted the Toolkit "...goes toward addressing recommendation 12 of the Independent Monitoring Mechanism’s Making Disability Rights Real 2014-2019 report."
Reports on tāngata whaikaha Māori and disabled peoples' experience of violence in Aotearoa
In December 2021, Disability Rights Commissioner Paula Tesoriero launched two new reports from the Human Rights Commission exploring experiences of violence and abuse among tāngata whaikaha Māori and disabled people.
The reports, Whakamanahia Te Tiriti, Whakahaumarutia te Tangata (Honour the Treaty, Protect the Person) and Whakamahia te Tūkino kore Ināianei, ā Muri Ake Nei (Acting Now for a Violence and Abuse Free Future), outline the evidence on the causes and impacts of violence including racism and colonisation, and abuse against tāngata whaikaha Māori and disabled people. The reports outline gaps in systems, knowledge and services and set out a roadmap for systemic change. Together the reports make 20 recommendations.
In launching the reports, Paula Tesoriero said "These reports provide, for the first time, an evidence base and graphic illustration of the violence and abuse suffered by tāngata whaikaha Māori and disabled people. They show a continued absence of effective responses to reduce its incidence."
She went on to say:
"In Aotearoa, racism and ableism intersect to create unique additional risks for tāngata whaikaha Māori who must navigate racism, discrimination and other biases."
"This has resulted in the suppression of rangatiratanga along with the many disabling effects on the ability of tāngata whaikaha Māori to define themselves and their own lives."
Minister Davidson responded to the reports saying:
"Disabled people have highlighted to me the lack of specialist family violence and sexual violence services and supports, the lack of a nationally consistent and mandated safeguarding approach, and the need for more data and research to make visible their experiences.
They emphasised that disabled people need to be at the decision making tables.
We also need to address the intergenerational impacts of colonisation and racism in order for us to eliminate violence."
For more information about disabled people and violence see the following resources:
Aotearoa New Zealand
White Ribbon created an infographic and video with Disability Rights Commissioner Paula Tesoriero to highlight experiences of violence for people with disabilities drawing on new research published this year
Prevalence of nonpartner physical and sexual violence against people with disabilities (2021) by Zarintaj Malihi, Janet L Fanslow, Ladan Hashemi, Pauline Gulliver and Tracey McIntosh
Lifetime prevalence of intimate partner violence and disability: Results from a population-based study in New Zealand (2021) by Janet L Fanslow, Zarintaj Malihi, Ladan Hashemi, Pauline Gulliver and Tracey McIntosh
Key findings from the 3rd cycle of the NZ Crime and Victimisation Survey: What it means for disabled people (2021) from the Office for Disability Issues
"Everything, with us": Working with people with disabilities (2016) from the Good Practice Responding to Sexual Violence - Guidelines for mainstream crisis support services for survivors from TOAH-NNEST (Te Ohaakii a Hine-National Network Ending Sexual Violence Together)
International
Women with disability and domestic and family violence: a guide for policy and practice (2021), 30 ways to make your service more accessible (2021) and Creating an inclusion action plan (2021) from People with Disability Australia and Domestic Violence New South Wales
Changing the landscape: A national resource to prevent violence against women and girls with disabilities (2022) from Our Watch
Related news
The Public Service Commission is now advertising for the role of Te Tumu Whakahaere | Chief Executive - Ministry for Disabled People. HardyGroup is working in partnership with the Disabled Persons Assembly (DPA) to ensure the recruitment process is accessible. Applications close 11.59pm on Tuesday 5 April 2022.
Disability leaders and advocates have raised concerns about the appointment of a nondisabled person to the Director role of the establishment unit for the new Ministry for Disabled People. Disabled Leadership Now (DLN) organised an online rally and wrote to the Chief Executive of the Ministry of Social Development and the Director General of Health calling for action. Disabled Leadership Now is a grass roots organisation comprising of disabled volunteers working to ensure that disabled people lead, and are present at every level of the new Ministry.
The Ministry for Social Development has announced the members of the Community Steering Group responsible for supporting and guiding the establishment of the new Ministry for Disabled People.
Disability advocates and leaders have also raised concerns about the process for contributing to the government's proposal on accessibility legislation. In October 2021, the Government released a Cabinet Paper proposing a framework for accessibility. For more information, see the Access Alliance, a movement comprised of organisations from the disability and neurodiversity sectors, working with a business champions and individual supporters, to advocate for legislation.
Update: AmplifyU is a new online engagement tool developed and managed by disabled people for disabled people to engage with the work to establish the new ministry. There is also an AmplifyU Facebook page.
Related Media
Harming the disabled with the words we use, Stuff, 11.03.2022
Disability Ministry's ongoing costs and funding kept secret, RNZ, 29.01.2022
The RFP 25480636 from ACC is inviting proposals to develop prevention resources.
The closing date to submit a proposal is 13 April 2022.
According to the RFP, the ACC Board approved significant investment in a primary prevention system working towards achieving the outcomes of the Healthy Consensual Relationships / Oranga Whakapapa programme of work. It further notes that ACC has set a budget of up to $550,000 to be put towards this investment.
Specifically, the RFP states that ACC is seeking organisations to collaborate to:
"• Develop child sexual abuse prevention resources, tools, communications, mechanisms and approaches that are culturally relevant and responsive to communities and their diverse realities, for example: Pacific peoples, rainbow, disability and new migrants.
• Develop tools, resources, and approaches that can withstand the limitations and requirements of a COVID-19 environment.
• Better understand how we can support communities to strengthen their own capacity and determine their own approaches to prevent child sexual abuse.
• Walk alongside a community and support their innovation and learning, as opposed to imposing/supplying worldviews, paradigms, and pre-existing strategies that are neither appropriate nor relevant.
• Work collaboratively with us to help us learn about and document what works for communities and capture this learning to strengthen our broader primary prevention programme of work."
For more information see the RFP 25480636, Child Sexual Abuse Prevention: Supporting approaches to strengthen community capability to build healthy relationships and prevent child sexual abuse. A more detailed RFP document is available once signed in to the GETS website as a supplier. For questions, contact the Procurement Team at procurement@acc.co.nz.
Related media
I was raped, then ruined by the systems that were supposed to help me, RNZ, 12.04.2022
Five-month delay to set up eligibility criteria for new funding for crime victims, RNZ, 02.04.2022
ACC cuts staff access to sensitive claim files, RNZ, 31.03.2022
Sexual violence plan stuck in bureaucracy, Waatea News, 15.03.2022
Oranga Tamariki's new child sexual violence services in limbo, RNZ, 14.03.2022
Oranga Tamariki didn't meet Māori over new sexual violence services, RNZ, 14.03.2022
Behind the story: The town that backed a child sex abuser, RNZ, 08.03.2022
Calls for sexual consent education to be compulsory in NZ schools, Re:news, 07.03.2022
Advocates want more support for kids in sexual abuse court cases, RNZ, 01.03.2022
Child sex abuse claimants need more support in court - experts, RNZ, 01.03.2022
The town that backed a child sex abuser, RNZ, 28.02.2022
Advocates want more support for kids in sexual abuse court cases, RNZ, 28.02.2022
Harmful sexual behaviour among children in care rising fast, RNZ, 24.12.2021

What is ‘Intersectionality’?
American legal scholar Kimberlé W. Crenshaw coined the term intersectionality "...to describe the double bind of simultaneous racial and gender prejudice," specifically highlighting the compounding discrimination and harm that Black American women experience from both sexism and racism.
In her TEDTalk 'The urgency of intersectionality' (2016), Crenshaw explains how and why she came up with the concept of intersectionality. She shares that over time she came to understand how women of colour experienced multiple forms of intersecting discrimination including racism, sexism, classism, xenophobia, heterosexism and ableism, based on their diverse and multiple identities.
To learn more about Crenshaw's work see her article Mapping the Margins: Intersectionality, Identity Politics, and Violence against Women of Color (1991) and her book chapter Toward a field of intersectionality studies: Theory, applications, and praxis (2013).
Intersectionality in Aotearoa: Exploring the compounding effects of racism, sexism and colonisation
Te Aorerekura: the National Strategy to Eliminate Family Violence and Sexual Violence acknowledges the gendered nature of family violence and sexual violence, highlighting that "Women are three times as likely as men to experience intimate partner violence and wāhine Māori are more likely to be impacted by violence than any other ethnicity." The strategy highlights the compounding effects of multiple forms of discrimination:
"This personal use of power, dominance and entitlement is enabled by socially accepted hierarchies of power that include sexism, racism, colonisation, ableism, ageism, homophobia, biphobia, and transphobia, transmisogyny, and classism. Violence is consequently more likely to occur in some situations than in others. As a result, some people are targeted by abusers more than others, and can experience silencing, stigma, barriers to seeking help, and more frequent and more severe violence."
Te Aorerekura also draws attention to the significant impact on wāhine Māori from the intersections of racism, sexism and colonisation:
"Wāhine Māori are more likely to be subjected to family violence or sexual violence than any other ethnicity or gender (FVDRC 2016; Wilson 2016; Ministry of Justice 2021). Family violence and sexual violence are leading causes of harm for wāhine Māori, nearly 50% of whom experience partner abuse in their lifetime. The combination of colonisation, racism and sexism in Aotearoa New Zealand increases impacts associated with intergenerational trauma for wāhine Māori (Pihama, Cameron, and Te Nana 2019)."
Māori researchers have been documenting the intersections between Māori experiences of family violence and sexual violence, colonisation and institutional racism for decades. Most recently, researchers from Ngā Wai a Te Tūī have shared initial findings from He Waka Eke Noa, a research project that asks Māori about their experiences of violence in Aotearoa. The research team, including Professor Linda Tuhiwai Smith, Professor Leonie Pihama and Shirley Simmonds, will be sharing findings from the research through online webinars on 24 March 2022 and 7 April 2022.
Te Aorerekura also acknowledges that:
"Preventing family violence and sexual violence requires an understanding that family violence and sexual violence are transgressions of mana and whakapapa. There are solutions within the promotion and strengthening of whānau ora that require a focus on healing, restoration, redress and a return to a state of noa."
Kaupapa Māori and mātauranga Māori offer paths for healing, restoration, redress and returning to a state of noa. Leonie Pihama, Ngaropi Cameron, Mereana Pitman and Rihi Te Nana have published Whāia Te Ara Ora: Understanding and Healing the Impact of Historical Trauma and Sexual Violence for Māori (2022). The book explores Māori views on historical and intergenerational trauma, the impact of sexual violence on Māori whānau, hapū and iwi, and how tikanga (cultural understandings and practices) can foster healing. There are also posters and resources that address Kaupapa Māori analysis of colonial risk factors, Kaupapa Māori Principles, and Kaupapa Māori Principles & Healing Trauma.
In addition, Ngā Wai a Te Tūī and Tū Tama Wāhine o Taranaki recorded six kōrero that explore Kaupapa Māori (2020) for practitioners and researchers.
Addressing intersectionality in your work: Resources, events and further reading
International
UN Women has published the Intersectionality resource guide and toolkit (2022). The guide and toolkit are designed to help individuals and organisations address intersectionality in programmes and policies. It provides an overview of what intersectionality is. It outlines eight enablers needed to apply an intersectional lens:
- Reflexivity
- Dignity, choice and autonomy
- Accessibility and universal design
- Diverse knowledges
- Intersecting identities
- Relational power
- Time and space
- Transformative and rights-based.
It then provides a framework for action and outlines four different tools to use as part of an intersectional approach. In explaining how to use the guide, it says:
"Intersectionality is an approach, a mindset; not a mere toolkit. It is a way of thinking, reflecting and working."
"Transformative change begins where ‘the individual and system meet’ and intersectionality must be addressed through a process that focuses on self-reflection, relationships and contexts. The effectiveness of an intersectional approach depends on how willing the user is to challenge themselves and interrogate their own attitudes and ways of working and cannot be achieved via checklists or prescriptive processes. With this mindset the user will be able to then apply the enablers and action framework across their existing work processes, whether this is at policy, programmatic or institutional level."
Aotearoa
There is a free online Te Tiriti-based futures + Anti-racism 2022 conference taking place 19-28 March 2022. The event includes speakers and leaders over 10 days discussing institutional racism and anti-racism, decolonisation, building Te Tiriti-based futures and transforming the constitution.
To further explore the intersection of racism, sexism and colonisation see the following:
- Leonie Pihama wrote Mana wahine: decolonising gender in Aotearoa (2021), published in the Australian Feminist Studies journal
- Jacinta Ruru, Angela Wanhalla & Jeanette Wikaira compiled An anti-racist reading list for New Zealanders (2020) published on the Spinoff
- Leonie Pihama, Linda Tuhiwai Smith, Naomi Simmonds, Joeliee Seed-Pihama and Kirsten Gabel edited and compiled writings on Mana Wahine and/or Māori women’s writings on Māori feminist approaches: Mana Wahine reader: A collection of writings 1987-1998, Volume I (2019) and Mana Wahine reader: A collection of writings 1999-2019, Volume II (2019).
Also see Te Tiriti Kōrero podcast series from Community Research (2022) which features:
- Te Tiriti Kōrero with Dr Chelsea Grootveld – “Our mokopuna don’t have time for us to muck around.”
- Te Tiriti Kōrero with Dr Kathie Irwin – “When you take a critical analysis view, a kaupapa Māori view, you don’t start with the individual.”
- Te Tiriti Kōrero with Mike Smith – “We have to invest in the vision of all peoples in this country.”
- Te Tiriti Kōrero with Ali Hamlin-Paenga – “We do not need others to be Māori for us.”
For more information and resources see the topic Intersectionality on our Recommended Reading list.
To learn more about how experiences of violence, coping, accessing help and healing are different for people who experience intersecting forms of discrimination see our library under the quick topic searches for Specific Groups.
Related news
Gender Attitudes Survey
Gender Equal NZ, led by The National Council of Women of NZ – Te Kaunihera Wāhine o Aotearoa, published results from the 3rd Gender Attitudes Survey 2021 (2022). This survey, along with the previous surveys run in 2017 and 2019, shows that change in attitudes is occurring slowly, and some gains are temporary. In all three years the survey has been run, 20% of respondents did not agree that gender equality is a fundamental right. In addition, “...when it comes to violence towards women and toxic masculinity, the attitudes of a small minority have hardened since the previous survey in 2019,” said Dr Suzanne Manning, President of The National Council of Women of NZ – Te Kaunihera Wāhine o Aotearoa. She said:
“It’s frankly depressing that in 2022, 17% of respondents still believe that hitting out is an understandable response for a man when his wife or girlfriend tries to end a relationship (up from 9% in 2019), while 18% of respondents believe that showing physical or emotional weakness makes a man less of a man (up from 12% in 2019).
For more information watch the video recording of the Gender Attitudes Survey Launch Webinar (2022).
Theme for International Women's Day
The UN Women theme for International Women's Day for 2022 is Gender equality today for a sustainable tomorrow recognising the link between gender, social equity and climate change. The UN Women media release highlights that "Women and girls experience the greatest impacts of the climate crisis as it amplifies existing gender inequalities and puts women’s lives and livelihoods at risk." UN Women further said "As women and girls bear the burden of climate impacts, they are also essential to leading and driving change in climate adaption, mitigation and solutions. Without the inclusion of half of the world's population, it is unlikely that solutions for a sustainable planet and a gender equal world tomorrow will be realized."
This theme aligns with the priority theme for the upcoming 66th Commission on the Status of Women (CSW66) also in March 2022: “Achieving gender equality and the empowerment of all women and girls in the context of climate change, environmental and disaster risk reduction policies and programmes”. International agencies are increasingly exploring the links between climate change and violence against women. To learn more search our library under climate change. Also see the recently completed research report from Ngā Pae o te Māramatanga and Manaaki Whenua - Landcare Research on He huringa āhuarangi, he huringa ao: a changing climate, a changing world (December 2021).
Related media
Māori Women: Caught in the Contradictions of a Colonised Reality, E-Tangata, 25.09.2022
08 Alison Mau | New Zealand’s #metoo reckoning, RNZ re_covering podcast, 10.03.2022
International Women's Day: New Zealand women speak about "breaking the bias", NZ Herald, 06.03.2022
The Side Eye’s Two New Zealands: The left behind, The Spinoff, 03.03.2022
Minority still hold outdated views on gender, stereotypes - survey, RNZ, 03.03.2022
Acceptance of domestic violence growing as attitudes 'creep' towards conservatism, Stuff, 01.03.2022
In Focus: International Women's Day, UN Women News, 01.03.2022
Wāhine, White Women, and Waitangi, E-Tangata, 13.02.2022
The Mana Wāhine inquiry isn’t over yet, The Spinoff, 02.08.2021
Moana Jackson: Decolonisation and the stories in the land, E-Tangata, 09.05.2021
The proposed legislation would apply to people convicted of certain offences including sexual violence, but not to people who have breached protection orders or restraining orders.
The closing date to make a submission is 29 March 2022.
The Firearms Prohibition Orders Legislation Bill was introduced on 15 December 2021. It is an omnibus bill that would amend several Acts.
The purpose of the legislation is to restrict access to firearms for people whose behaviour and actions present a risk of violence. The bill would introduce a Firearms Prohibition Order (FPO). An FPO could be made by a court to prohibit a person from accessing, possessing, or using any firearm or related item. It also would prohibit the person from associating with individuals or going to places that are likely to allow access to firearms.
The bill sets out that an FPO could be made against a person who has been convicted of a specified offence under the Arms Act 1983, the Crimes Act 1961, or the Terrorism Suppression Act 2002, or convicted of a serious violent offence as defined in section 86A of the Sentencing Act 2002 (serious violent offences include sexual violence, manslaughter, murder, wounding with intent to cause grievous bodily harm, kidnapping and many more).
The Explanatory note for the legislation states:
"The Bill complements recent amendments to the Arms Act 1983, which ensure that only those people considered fit and proper to possess firearms can be issued with a firearms licence.
The Bill introduces firearms prohibition orders (FPOs), which address some limitations with the Arms Act 1983 that might enable a high-risk person to legally access or use firearms or restricted weapons, associate with people in physical possession of firearms, or reside at or visit locations where firearms are held, including gun shops, arms fairs, or gun clubs."
Submissions are due by 29 March 2022. For questions, contact the Justice Committee at 04 817 9520 or ju@parliament.govt.nz.
Update: The Firearms Prohibition Order Legislation Bill passed and received Royal Assent on 15 August 2022. The Firearms Prohibition Legislation Act comes into force on 16 November 2022. The Beehive media released noted "Following today’s passage of the Bill, anyone convicted and sentenced of a specified serious crime, including murder, serious assault, sexual violence, and some family violence offences, can be subject to an order and not lawfully able to use or access a firearm." Section 39A of the Firearms Prohibition Orders Legislation Act 2022 specifies when a Firearms Prohibition Order (FPO) can be made which includes when a person is convicted of strangulation and suffocation (under the Crimes Act 1961, section 189a) and serious violent offences such as sexual violence (under a specified violent offence as defined in section 4 of the Victims’ Orders Against Violent Offenders Act 2014 which defines a violent offence as the meaning given to serious violent offence by section 86A of the Sentencing Act 2002). For more information see the NZ Police media release Orders coming into force to prevent harm by firearms.
Update: The Firearms Prohibition Orders Legislation Amendment Bill passed in August 2024, amending the legislation.
Background
NZ Police initially consulted the public in November 2019 about whether Firearms Prohibition Orders should be introduced. The initial proposal outlined different options for what types of previous convictions could qualify for a Firearms Prohibition Order. Option 3 in the initial consultation document included breaches of protection orders, among other offences. The currently proposed legislation does not include breaches of protection orders or restraining orders as possible offences for FPOs.
The Cabinet Paper lodged by Minister of Police Poto Williams, Firearms Prohibition Orders: Final Design Parameters (December 2021), states:
"I propose to narrow the conviction types that would qualify for a Firearms Prohibition Order to ensure that these orders are focused tightly on higher-risk offenders, where there is a clear link between the nature of offending and firearm-related risk However, this does involve some trade-offs, particularly in relation to family violence offending (for instance, offenders who breach protection orders)."
The Cabinet Paper further clarifies the types of convictions that would qualify for a Firearms Prohibition Order, noting:
"22. The broader the list of qualifying convictions, the wider the coverage of the regime and the greater the public safety outcomes of Firearms Prohibition Orders. At the same time, the broader the list of qualifying convictions, the less targeted the regime may be as it may capture a large group of people who do not go on to commit further acts of serious offending.
23. Given this, I consider that a more limited list of conviction categories is needed to ensure that Firearms Prohibition Orders are tightly targeted to those whose offences are at the higher end of the harm spectrum. In doing so, I consider that the regime should be focused to capture the most serious Arms Act offences and those offences generally recognised as serious violent offences.
24. This approach means that the Firearms Prohibition Order design will not cover the original proposed offence categories of criminal harassment or breaches of protection orders or restraining orders. [emphasis added]
25. In making this decision, I have given careful consideration to the impact of family violence and harassment in our community, and the harm caused by repeated breaches of protection orders. I have also considered the safeguards already built into protection orders, recognising that the court already has the ability to consider the risks associated with firearms and restricted weapons when making a protection order.
26. Many protection orders include a standard condition about weapons that prohibits the respondent from possessing or having weapons under their control; and also requires the surrender of any weapon in the respondent’s possession or under their control."
For more information see the proactively released cabinet papers and other documents related to Firearms Prohibition Orders from NZ Police.
The legislation is part of the wider government response to the terrorist attack on Christchurch masjidain.
Links between family violence and access to firearms
The Family Violence Death Review Committee (FVDRC) has found that about 10% of family violence deaths are committed with firearms (see the FVDRC submission on the Arms Legislation Bill, 2019). The FVDRC has also found that between 2009 and 2017, of 37 men who had been served with a protection order and were the predominant aggressor involving a family violence death, 57% had breached one or more protection orders (see the Sixth report | Te Pūrongo tuaono : Men who use violence | Ngā tāne ka whakamahi i te whakarekereke, FVDRC, page 48).
In the Women's Refuge submission on the Arms Amendment Bill (2019), they highlight that "...access to firearms can escalate the likelihood of fatality when family violence is perpetrated" and that "...the threat of having firearms used (against the victim, against the victim’s children, or against other people or animals) is much more frequently a tool for ensuring the continued and effective control of the victim and suppression of her potential resistance than the actual use of firearms." They went on further to highlight that:
"The firearms used by abusers to threaten and intimidate victims (either by explicit threat or by conspicuous presence) are almost always legally obtained. In the instances where they are not personally legally obtained, they are typically legally obtained by an acquaintance. This suggests that gun control law that prohibits or restricts easy access to firearms would have an immediate impact on the breadth of threats to women’s safety."
Media has previously highlighted family violence cases where perpetrators accessed guns despite not having a firearms licence, including the murder of Leigh Wallace by her former partner who used a gun despite police revoking his gun license and seizing his guns and a man who used a shotgun near his ex-partner despite being denied a firearms licence multiple times.
Research from Australia that looked at impacts from firearm legislation found that "...background checks for license applicants and firearm prohibitions for domestic violence perpetrators may be associated with a decline in female firearm homicide victimization overall and female intimate partner firearm homicide victimization" (see An Evaluation of the Impacts of Changing Firearms Legislation on Australian Female Firearm Homicide Victimization Rates by Samara McPhedran, 2017).
See the following research articles for research on family violence and gun violence specific to Aotearoa New Zealand:
- The intersection of firearms and intimate partner homicide in 15 nations by AM Zeoli, R Malinski, and H Brenner published in Trauma, Violence & Abuse, 2017 (includes New Zealand data)
- Late-life homicide-suicide: a national case series in New Zealand by G Cheung, SH Friedman and F Sundram published in Psychogeriatrics, 2015.
Research is also increasingly identifying links between domestic violence and violent extremism including mass shootings. For more information see our previous news story on the Links between violent extremism and violence against women.
Update: Research published in 2021 from the US has found that 59.1% of mass shootings between 2014 and 2019 were related to domestic violence and in 68.2% of mass shootings, the perpetrator either killed at least one partner or family member or had a history of domestic violence. Read the full article The role of domestic violence in fatal mass shootings in the United States, 2014–2019 or see the media release Study: Two-Thirds of Mass Shootings Linked to Domestic Violence for more information.
For more research on family violence and gun violence search the term firearms in our library.
Related media
Firearms Minister accused of misleading public on gun stats, RNZ, 08.04.2024
Strong public support for gun registry, but Act doubles down on repeal plans, NZ Herald, 08.08.2023
Majority of Kiwis support gun registry - Gun Control NZ, Voxy, 08.08.2023
Tracking the guns, RNZ, 21.06.2021
Milestone reached in the delivery of new Firearms Registry, Beehive media release, 11.05.2023
New gun laws come into effect, giving judges power to ban criminals from firearms, Stuff, 16.11.2022
Gun reform to pass into law, and 'three strikes' law repealed, Stuff, 09.08.2022
Firearms Prohibition Order Legislation Bill passes third reading in Parliament, RNZ, 09.08.2022
Firearms Prohibition Order Bill passes first reading, Te Ao Māori News, 10.02.2022
Firearms prohibition orders take the first step, RNZ, 10.02.2022
Government takes next step in tackling gun crime, Beehive media release, 09.02.2022
Bill to further tighten firearms laws passes first reading, One News, 09.02.2022
Govt takes further action against gang crime, Beehive media release, 11.05.2021

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