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The Sexual Violence Legislation Act 2021 passed its third reading in Parliament and on 20 December 2021 received Royal Assent. The Act amends the Evidence Act 2006, Victims’ Rights Act 2002, and Criminal Procedure Act 2011. The purpose of the legislation is to reduce trauma to victim/survivors of sexual violence when they attend court and give evidence.
Read the full Sexual Violence Legislation Act 2021.
The Beehive media release highlights some of the key changes to court processes and rules related to evidence, noting "Most of the Bill's changes were recommended by the Law Commission in 2015 and 2019, and have been called for by experts and advocates."
Key changes include:
- Allowing sexual violence complainants to use alternative ways of giving evidence, including pre-recording cross-examination evidence in appropriate cases (see Section 16).
- Making sure evidence about a complainant's previous sexual interactions with the defendant is off limits, unless it is clearly highly relevant (see Section 8).
- Requiring judges to talk to the jury to dispel any misconceptions relating to sexual violence (known as rape myths) that might be brought into a case (see Section 21).
Other changes include:
- Expanding specialist help with understanding and communicating in court for whatever reason. This was previously only available to witnesses with insufficient English, or a communication disability (see Section 4).
- Requiring judges to intervene when the judge considers questions to witnesses are unacceptable including "the way in which it is asked, is improper, unfair, misleading, needlessly repetitive, or expressed in language that is too complicated for the witness to understand." Judges can take into account the witness’s vulnerability, the nature of previous questions and cumulative impact of questions alongside other factors (see Section 9).
- Further limiting the defendant’s right to cross-examine witnesses in person in a sexual case or family violence or harassment case (see Section 10).
- Allowing video recorded statements to Police by victims of family violence to be used as their evidence in Court (see Section 15).
- Extending protections while giving evidence in sexual cases – such as being able to do so from behind a screen or by video evidence – to propensity witnesses (see Section 16).
- Allowing all victim impact statements to be given with protections such as being screened from the defendant or by video statement (see Section 29). In sexual cases the Court may also be closed to the public (see Section 30).
- Requiring appropriate facilities to be available to victims attending court or participating in court proceedings, such as alternative waiting areas (see Section 31).
Some changes came into effect immediately upon Royal Assent, while other changes come into effect one year after Royal Assent or an earlier date set by Order in Council.
Minister for the Prevention of Family Violence and Sexual Violence, Marama Davidson said:
“We have a significant underreporting of sexual violence in Aotearoa, New Zealand. In the development of Te Aorerekura, our national strategy to eliminate family violence and sexual violence, we heard clearly that our systems must be safe and accessible, so people feel supported to seek help and accountability.
“This Bill will help change attitudes and processes that have traditionally normalised or excused violence.”
Jan Logie, who introduced the legislation in 2019 in her previous role as the Parliamentary Under-Secretary to the Minister of Justice (Domestic and Sexual Violence Issues), welcomed the legislation saying:
“I want to acknowledge and thank the courageous people who have spent years fighting for the changes in this Bill. With roots in our country’s response to the experience of sexual violence victims, it has taken over 12 hard-fought years to deliver change. Survivors’ growing calls for action, and a system that safeguards victims, have made this Bill a reality.
“However, there is more we must do to centre victims and stop violence perpetuating in our society, including reviewing the education of defence and prosecution workforces, so they can test the evidence rather than the witness, and clearly defining consent.
“At the point of harm occurring, both those impacted by violence and those who have used violence need end to end advocacy and support to help stop further violence and harm from happening and heal.
“The evidence is clear that we need to develop alternate justice pathways that provide culturally appropriate, non-adversarial, accountability with the opportunity to heal.
“People in Aotearoa should rightly expect a justice system that restores mana, not diminishes it.”
Cabinet papers related to the legislation have been proactively released. See the previously published Law Commission reports from the related reviews: The Justice Response to Victims of Sexual Violence (2015) and The Second Review of the Evidence Act (2019).
Update: Te Aka Matua o te Ture | the Law Commission released terms of reference for the Te Arotake Tuatoru i te Evidence Act 2006 | The Third Review of the Evidence Act in September 2022. The terms of reference state this review will not include amendments to the Act made by the Sexual Violence Legislation Act 2021. This review will include consideration of te Tiriti o Waitangi | the Treaty of Waitangi, ao Māori perspectives on evidence and any matters of particular concern to Māori.
More information
Elisabeth McDonald is giving a public talk on 15 March 2022 about research exploring victim/survivors experience in rape trials without a jury. The open access book (freely available online), In the Absence of a Jury: Examining judge-alone rape trials (forthcoming March 2022), will also be launched at the talk.
Elisabeth McDonald, Paulette Benton-Greig, Sandra Dickson and Rachel Souness previously researched court processes in adult acquaintance rape jury trials to understand the experience of victim/survivors and identify ways to improve court processes. Findings from the first part of this research were published in the open access book, Rape Myths as Barriers to Fair Trial Process: Comparing adult rape trials with those in the Aotearoa Sexual Violence Court Pilot (2020).
The Chief Victims Advisor commissioned research into practices of cross-examination of children and young people as complainants of sexual violence. The report, That’s a Lie - Sexual violence misconceptions, accusations of lying, and other tactics in the cross-examination of child and adolescent sexual violence complainants (2021), shares findings from analysis of 15 transcripts of the cross-examination of young complainants from trials that took place in the Auckland and Whangārei Sexual Violence Pilot Courts. A key finding was that sexual violence misconceptions were pervasive and "...were typically raised to challenge the plausibility of the complainant’s evidence." The report identifies cross-examination practices that contribute to victim distress, victim-blaming and damage to the quality of evidence young complainants provide.
The Ministry of Social Development has recently published a Literature review on international best court support models for victim-survivors of sexual violence (2020). In 2019 the Ministry of Justice published Attrition and Progression: Reported Sexual Violence Victimisations in the Criminal Justice System (2019).
Oranga Tamariki published an evidence brief summarising a review of support services available for children and adolescents who are victims of sexual crimes in New Zealand and internationally in December 2021.
Related media
Victim regrets reporting sex assault after abuser successfully appeals jail term, Stuff, 20.08.2022
Sexual violence plan stuck in bureacracy, 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
Study reveals video statements effective in family harm cases, RNZ, 10.03.2022
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
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
‘Victim’ or ‘survivor’ — what’s in a name?, Newsroom, 24.01.2022
Harmful sexual behaviour among children in care rising fast, RNZ, 24.12.2021
New sexual violence law gives better protections to survivors in court, Stuff, 15.12.2021
Sexual Violence Legislation Bill, Ministry of Justice news, 15.12.2021
Claims that sexual violence bill will harm Māori are unfounded, Stuff, 01.07.2021
It’s not ‘stealthing’ – it’s rape, The Spinoff, 20.04.2021
Women's Refuge says justice system is failing sexual assault victims, Newstalk ZB, 05.04.2021
Low rape conviction rate shows system is failing - Women's Refuge, RNZ, 04.04.2021
Raped with her boyfriend asleep in the room: 'I felt sick', Stuff, 21.03.2021
The new Elder Abuse Prevention Fund is accepting applications for grants to fund projects that focus on violence prevention among older people in Aotearoa New Zealand.
The closing date for applications is 1 April 2022.
Announcing the new Elder Abuse Prevention Fund, the Office for Seniors |Te Tari Kaumātua said the fund offers one-off grants. Groups can apply for up to $25,000 for projects focused on violence prevention for older people (65 years and older). The Office for Seniors website notes that priority will be given to projects and initiatives that:
- "show collaboration with other organisations and community groups
- include diverse communities within the older population (65+) including Māori, Pacific, ethnic, rainbow, and disabled communities."
See the Office for Seniors for more information including eligibility criteria and the application. It is recommended to contact the Office for Seniors first to discuss your project. You can email them at ofs@msd.govt.nz.
Update: The government has announced the 11 new projects funded from the Elder Abuse Prevention Fund. See the full list of new projects at Te Kari Kaumātua | Office for Seniors.
Related news
In 2021 the UN Independent Expert on the enjoyment of all human rights by older persons, Claudia Mahler, submitted a report on the Human rights of older women: the intersection between ageing and gender. In the section on violence, abuse and neglect, she noted there is insufficient understanding and research on "How the intersection between age and gender compounds and affects risk factors, types of perpetrators, forms and impacts of violence, abuse and neglect." She further noted it is important for laws, policies and awareness-raising campaigns on elder abuse to integrate a gender perspective and consider "...the specific risks and disadvantages faced by women in older age."
She identified specific considerations of the intersection of age and gender in intimate partner violence and sexual violence stating:
"52. Intimate partner violence in later age is often a continuation of abuse lasting many years or even decades. The power and control dynamics in such abusive relationships are also likely to be exacerbated with age owing to accumulated inequalities or new age-related care needs. These elements can result in greater risk of harm and escalation of violence and abuse.
53. Sexual violence against older women has long been hidden because of pervasive taboos and stereotypes and is believed to be significantly underreported. The limited studies on the topic show that the perpetrators are predominantly men, most commonly an intimate partner, a family member or a caregiver. Older women with cognitive impairments or physical care needs appear to be particularly at risk, while their ability to express consent and resist coercion can be more limited. The consequences of sexual violence against older women are often devastating and include serious bodily injury, severe emotional trauma, long-term health problems, loss of independence, moving to a care facility and accelerated death."
She made a number of recommendations for states including:
"(l) Undertake and support more extensive data collection, research and analysis on older women’s experiences of violence, abuse and neglect, including on motivations, circumstances, risk factors and other elements, in order to develop evidence-based prevention and protection measures; ensure that policies, measures and campaigns on violence against women consider the particular vulnerabilities, risks, protection needs and barriers to reporting and access to justice faced by older women; and develop coordinated prevention and response procedures as well as ensure appropriate training for social and care workers and law enforcement personnel to protect and support older women at risk of violence and abuse."
Related media
Busy year ahead for NZ’s first aged care commissioner, Newsroom, 17.02.2022
First Aged Care Commissioner appointed, Beehive media release, 14.02.2022
Office for Seniors announces new fund to help prevent elder abuse in NZ, Stuff, 02.02.2022
Action to Protect Older Women’s Rights Has Stalled in the UN General Assembly, PassBlue, 23.11.2021
Better Later Life Action Plan launched, Beehive media release, 30.09.2021
The bill would amend the Oranga Tamariki Act 1989 by partially repealing the subsequent-child provisions. It would also repeal a redundant information-sharing provision and amend technical errors and ambiguities.
The closing date for submissions on the Oranga Tamariki Amendment Bill is 20 February 2022.
Currently under the Oranga Tamariki Act 1989, a subsequent child is defined as any child, born or unborn, who has a parent who has been convicted of the murder, manslaughter, or infanticide of a child or young person (section 18B(1)(a)) or who has had a previous child or young person removed from their care and there is no realistic possibility that they will be returned to that person’s care (section 18B(1)(b)). Currently, if Oranga Tamariki receives a Report of Concern about a subsequent child, then the subsequent-child provisions apply. These provisions require Oranga Tamariki to either apply to the family court for a care and protection order, or to apply for confirmation that a child is safe to remain with their parents.
According to the call for submissions from the select committee, the Oranga Tamariki Amendment Bill would:
"...partially repeal the subsequent-child provisions. The bill proposes that the subsequent-child provisions would no longer apply to people who have had children or young people previously removed from their care. The subsequent-child provisions would continue to apply to persons convicted under the Crimes Act 1961 of the murder, manslaughter, or infanticide of a child or young person who was in the person’s care or custody at the time of the child’s or young person’s death."
The Explanatory note for the amendment bill states:
"The subsequent-child provisions, which came into effect on 30 June 2016, were intended to introduce an automatic, mandatory response to ensure greater oversight over the safety of subsequent children. However, a first principles review of the provisions in 2019 found that they were not operating in a way that promoted the best interests of children, nor as originally intended."
In addition, the bill would repeal section 66D of the Oranga Tamariki Act 1989. This section provides that a child welfare and protection agency may use information relating to a child or young person to produce, link, or analyse datasets of information and produce combined datasets.
In giving evidence to the Waitangi Tribunal as part of the Tribunal's He Pāharakeke, He Rito Whakakīkīnga Whāruarua | Oranga Tamariki Urgent Inquiry (WAI 2915), former Children's Commissioner Andrew Becroft described the subsequent-child provisions as a "pernicious, misguided and entirely counterproductive provision that should be consigned to the dustbin of history forthwith”, ultimately concluding that the provisions "constituted 'organisational racism'."
When discussing the proposed changes, Minister for Children Kelvin Davis acknowledged that the provisions were in breach of the Treaty. He also noted that they "placed social workers in a difficult situation as they undermined the ability of social workers to work meaningfully with whānau, with hapū, with iwi, and with communities."
Submissions are due by 20 February 2022.
This bill is different than the Oversight of Oranga Tamariki System and Children and Young People's Commission Bill. Submissions on this bill closed on 26 January 2022 which proposed changes to the monitoring and oversight of Oranga Tamariki, including changes to the Office of the Children's Commissioner. For more information, see our news story below.
Update: The Oranga Tamariki Amendment Bill passed its third reading in Parliament on 13 December 2022. It received Royal assent on 16 December 2022, and comes into force the day after receiving Royal assent.
Related news
In December 2021, the government released the report He Purapura Ora, he Māra Tipu - From Redress to Puretumu Torowhānui. The report from the Abuse in Care Royal Commission of Inquiry makes 95 recommendations. From the executive summary the report is:
"about the struggle of many survivors of abuse in care to restore their lives, regain their mana and hold previous and current government of the day, State and faith-based institutions to account for the abuse survivors suffered. It’s about the failures of those institutions to respond to the needs of survivors. This report also looks to the future, to what ‘redress’ should be available to survivors of abuse in care – that is, what is needed to put right the deep harm that has been done to individuals, their whānau and communities through abuse in care."
It is available in English, Te Reo Māori, Easy read and a NZSL video of the executive summary.
In releasing the report, the government announced that work will start on developing a new, independent, survivor-focused redress system stating that "A new redress system will be developed to help implement the recommendations made by the Royal Commission, alongside those who have been affected, their representatives and communities." Work is expected to start on designing the redress system in 2022 with final decisions to be made by Cabinet in mid-2023.
Related media
OT approves payment after Newsroom investigation, Newsroom, 11.03.2022
Children’s monitor hits milestone in scrutiny of Oranga Tamariki, Newsroom, 04.02.2022
Children's Commissioner Welcomes Insights From ICM Report Into State Care, Scoop, 01.02.2022
Monitoring committee no substitute for Children’s Commissioner, Waatea News, 27.01.2022
Push to ‘save’ Children’s Commissioner from govt reforms, Newsroom, 24.01.2022
Child Matters warns of little action on dealing with high rates of child abuse, RNZ, 23.01.2022
Advocacy group urges Government to slow down on new OT laws, RNZ, 19.01.2022
OT: Expert warns against stripping Children's Commissioner role, RNZ, 19.01.2022
Are we ready to scrap the role of Children’s Commissioner?, The Spinoff, 19.01.2022
A plea for help, then descent into hell, Newsroom, 28.12.2021
Harmful sexual behaviour among children in care rising fast, RNZ, 24.12.2021
New members to join Oranga Tamariki Advisory Board, Beehive media release, 20.12.2021
Oranga Tamariki slashes size of leadership team, Newsroom, 17.12.2021
Oranga Tamariki underspends by $4m on support for child victims of sexual violence, RNZ, 17.12.2021
Abuse redress long process, Waatea News, 17.12.2021
Aunties take charge for new Oranga Tamariki hub, Waatea News, 16.12.2021
Abuse redress must restore mana, Waatea News, 16.12.2021
Royal Commission inquiry into abuse in care releases interim report on redress, RNZ, 15.12.2021
Nowhere to hide for NZ, a place of abuse and torture, Newsroom, 15.12.2021
Govt finally moves to repeal ‘subsequent child’ uplifts, Newsroom, 25.11.2021
Researchers and advocates have been exploring and documenting the impacts of the COVID-19 pandemic to victim/survivors, to staff and advocates, and to organisations working to address violence.
There is a growing amount of new research, guides and resources being published internationally. We regularly add these resources to our Library and they can be found by using our Quick Topic Search on COVID-19. Below we highlight findings and advice from some of this new research.
How violence has changed
Even before the pandemic, research had indicated that perpetrators' violence can change and become worse during emergencies like the COVID-19 pandemic. New research has begun to document ways in which perpetrators are using the pandemic and public health measures to further control, abuse and harm victims. For example see the following articles:
- Update: Locked out or let in? Learning from victim-survivors’ remote help-seeking experiences during COVID-19 (2023) explores victim | survivor experiences of accessing services, noting both increased challenges and in other cases, improved opportunities, to accessing services.
- Weaponizing COVID-19: how the pandemic influenced the behavior of those who use violence in domestic and family relationships (December 2021) explores how perpetrator's violence has changed
- Intimate partner violence during the COVID-19 pandemic: a survey of women in Australia (October 2021) reports findings from a survey of women in Australia about intimate partner violence and help seeking during the pandemic (also see the at a glance fact sheet)
- The Same Dynamics, Different Tactics: Domestic Violence During COVID-19 (August 2021) reflects on new tactics used by domestic violence perpetrators during the pandemic including insights from the US-based Battered Women's Justice Project
- ‘I Think it Just Made Everything Very Much More Intense’: A Qualitative Secondary Analysis Exploring The Role Of Friends and Family Providing Support to Survivors of Domestic Abuse During The COVID-19 Pandemic (June 2021) interviewed informal supporters of survivors about the changes they have observed
- Survivors’ Experiences of Intimate Partner Violence and Shelter Utilization During COVID-19 (June 2021) interviewed survivors engaged with services about their experiences
Reflecting on changes to services
Organisations and service providers have rapidly adapted and changed to continue services during the pandemic. For many agencies this has meant online and remote ways of working. It is important to review rapid changes made to services including changes that rely on technology. These changes may have created new ways of working, but they may also have introduced new barriers or risks to safety for victim/survivors.
The US-based National Network to End Domestic Violence encourages re-assessing these decisions to adopt new technology. They have created a Digital Services Toolkit which has a number of resources that can help.
The European Network for the Work with Perpetrators of Domestic Violence has developed a COVID-19 Revision of Practice Toolkit (2021) which invites providers to reflect on changes to their practice and consider positive and negative impacts, including how changes might affect risks.
Key questions to ask are whether the changes still fit and if the changes effectively address safety for victims. These articles from the Australia Institute for Families address Responding to the coronavirus pandemic: Documentation tips for monitoring and evaluation and Responding to the coronavirus pandemic: Assessing rapid service changes (June 2020).
For more information and Aotearoa New Zealand resources, see our section on Using technology safely to reduce face-to-face contact for Information for specialist family violence and sexual violence services.
Supporting organisations and staff
Many researchers have been documenting the impacts to organisations and staff who work to address violence. Advocates and staff have continued to experience increased personal, community and professional responsibilities and pressures from the impacts of the pandemic. We've previously highlighted The Best Practice Guidelines: Supporting the Wellbeing of Family Violence Workers During Times of Emergency and Crisis (2021) from Australian researchers. For more information see the news story below and our new resource page on Advocate and Worker Wellbeing (in the context of covid).
Data and statistics on violence
We've previously highlighted the many reasons it can be difficult to get accurate or meaningful statistics about gender-based violence during an emergency. In the article, The pitfalls of modelling the effects of COVID-19 on gender-based violence: lessons learnt and ways forward (2021), the authors identified five key critiques about using modelling to make projections about and measure gender-based violence. They conclude that "in uncertain and turbulent periods, local, context-specific GBV knowledge may make the most important contribution to rapid prevention and response efforts."
More information
We highlighted previous research in the first year of the covid pandemic in our FAQ Part 1: Understanding the impacts of COVID-19 and FAQ Part 2: Addressing the impacts of COVID-19.
More recently, we've updated key information across our webpages on Preventing and responding to family, whānau and sexual violence during COVID-19 which covers:
- Updates from government agencies (where to find key information related to responding and preventing violence)
- For family, whānau and sexual violence services
- For non-specialist services
- For people experiencing abuse
- For people using abuse
- For parents
- How to help
- Advocate and worker wellbeing.
We occasionally update these pages as new essential information is published. The information on our Te Whare Māori pages, compiled by Ngā Wai a te Tūī Māori and Indigenous Research Centre, is not being updated but remains an important resource. For up to date information about COVID-19 and support for Te Ao Māori, Te Puni Kōkiri's website provides a one-stop source of information.
Related news
As public health measures mean changing restrictions, such as self-isolation, it continues to be important that people know they can leave their home or bubble at any time if they are unsafe and that family violence and sexual violence services are always available. The official COVID19.govt.nz webpage lists helplines and where to go for help.
The Joint Venture Work Programme update for September 2021 included safety messages for wide distribution and identified five top line messages:
- Crisis services are open
- You can leave your bubble if you’re not safe
- Family violence and sexual violence support lines are open for people to call, email or text
- If someone is in danger call Police on 111
- When dialling 111 follow the operator’s instructions if you can’t speak.
Victim/survivors can also access the Shielded website for help. Remind victim/survivors to look for this icon
at the bottom of websites. The icon opens the shielded.co.nz website. When you open the website by clicking on the icon, it won't appear in internet browser history. It has information on getting help.
The Kids and Gender toolbox is designed for parents to support children who challenge gender norms.
White Ribbon worked with Hohou Te Rongo Kahukura – Outing Violence and Rainbow Hub Waikato to develop the new toolbox. White Ribbon Manager Rob McCann said “The new toolbox is really for parents who haven’t yet connected with the Rainbow world, so they can understand what is happening better, and be loving and supportive of their Rainbow children.”
The toolbox uses plain language to explain common terms, provides advice on how to respond to your child's questions, suggests ways to provide support and love for your child, lists ways to find support for yourself, and includes where to go for more information and resources. It also has information about parenting transgender kids before, during and after puberty.
The toolbox includes information and lists resources for Takatāpui children and their whānua, Pasifika families with Rainbow family members and Rainbow people of faith.
Sandra Dickson, Hohou Te Rongo Kahukura – Outing Violence project manager, said:
“One of the things every parent I talk to says is ‘what do all these words mean?’ We also wanted to point parents to all the awesome information out there – from parent supports to takatāpui resources, to groups for young people who are questioning their sexuality or gender.”
Sandra also said:
“We wanted to help answer their questions and make sure they realise they are not alone. Lots of other parents have worked out how to support their Rainbow kids. And honestly, that’s the most important thing to do as a parent – find support for yourself so you can be there for your children.”
Nathan Bramwell, manager at Rainbow Hub Waikato said:
“It’s great to work with other organisations on this kaupapa, helping families and whānau to be safe and welcoming for Rainbow young people. It’s the work we do every day in our Waikato communities.”
Background information
The Kids and Gender toolbox was designed as a violence prevention resource in response to research showing that many Rainbow young people are not safe at home. Waikato Queer Youth and Hohou Te Rongo Kahukura – Outing Violence spoke with and surveyed Rainbow and gender diverse young people about their experiences and needs. The research report Healthy relationships and consent: through the lens of Rainbow identifying youth (2021) highlighted:
"Overwhelmingly, our focus group participants want education and help to address families that were not welcoming or safe for them, and help to identify how people should be treated with respect inside families. They recognize family norms may set up expectations for their own future relationships, and they want pathways to staying safe."
Research from the Ministry of Youth Development reported that Rainbow young people have not been safe at home during the COVID pandemic with 9% experiencing abuse in their bubble and 13% not feeling safe in their bubble during Level 3 and 4 lockdowns. For more information, see the full report, Experiences of COVID-19 for takatāpui, queer, gender diverse, and intersex young people aged 16-24 (February 2021).
See our news stories below for more research and resources.
The White Ribbon kaupapa of working to end men’s violence towards women includes talking about how to challenge unhealthy gender stereotypes. Other Toolboxes and resources from White Ribbon NZ address healthy and respectful relationships, healthy masculinity and 'calling men in' to change their behaviour. Other new resources launched as part of the White Ribbon NZ 2021 campaign include a video and infographic highlighting the high rates of violence experienced by people with disabilities.
Related news
In November 2021 Minister Davidson announced funding of new national-level family violence and sexual violence prevention initiatives. This includes funding for LGBTQIA+ centred violence prevention initiatives, including the development of practice guidelines, healthy relationships and consent resources, and an awareness raising campaign. InsideOut has more information about these initiatives.
The Australia-based Centre for Family Research & Evaluation published a report and developed resources and videos looking at the risk and prevention of family violence for new LGBTIQ+ parents in making the transition to parenthood. This includes resources for the perinatal sector, LGBTIQ+ parents, and for family and community. The resources were developed from research and stakeholder feedback to address the knowledge gaps of understanding family violence risk and protective factors during the transition to parenthood for LGBTIQ+ parents and strategies to prevent family violence for LGBTIQ+ communities.
Related media
Rainbow youth face tougher home life, more likely to need state care: survey, Stuff, 09.08.2022
LGBTQIA+ advocates back Green Party's call for a ministry for rainbow communities, Stuff, 18.02.2022
Conversion therapy will soon be illegal in New Zealand, at last, Re:News, 15.02.2022
Landmark health survey of rainbow Pasifika launches, Stuff, 15.02.2022
Rainbow communities at 'higher risk of homelessness', says new research, 21.12.2021
Parliament unanimously passes bill allowing change to birth certificates, RNZ, 09.12.2021
1 in 20 adults identify as LGBT+ in major social survey, Stats NZ news, 12.11.2021
Explainer: The decades-long battle for gender self-identification, Stuff, 07.11.2021
Govt delivers more wellbeing support to Rainbow young people, Beehive media release, 29.09.2021
Netsafe is leading the development of the Aotearoa New Zealand Code of Practice for Online Safety and Harms.
The closing date to give feedback on the draft Code is 2 February 2022.
The Code is being designed for information and communication technology organisations who provide services to people in Aotearoa New Zealand. This includes digital platforms like Meta (Facebook, Instagram), Microsoft, Google (YouTube), Twitter, TikTok, and Twitch.
The purpose of the Code is to create a safer experience for people in New Zealand when using the internet and to reduce harmful content online. The Code sets out best practice principles and a self-regulatory framework.
It also would create processes for accountability and complaints including:
- Create an administrator role known as Te Rangapu Whakatutuki. This role would have powers to sanction Signatories if they fail to meet their commitments under the Code.
- Create a mechanism for complaints from the public.
- Outline requirements for regular review and changes of the Code.
- Set up processes for signatories to release reports on their efforts under the Code.
The draft Code identifies the following 'harmful content themes' that Signatories to the Code will focus on:
- "Child sexual exploitation and abuse
- Cyberbullying or harassment
- Hate speech
- Incitement of violence
- Violent or graphic content
- Misinformation
- Disinformation"
For each of these areas, outcomes and measures are identified in Section 4 of the draft Code.
Read the draft Aotearoa New Zealand Code of Practice for Online Safety and Harms or download a PDF of the draft Code.
Feedback can be sent to Netsafe by email to thecode@netsafe.org.nz. Note that all feedback will be published on the Netsafe website in 2022.
Consultations will be held after the public submission period closes.
For more information and comments from global tech companies, see the Netsafe media release on the draft code which states:
"As more digital platforms seek to address harmful content, this code provides a blueprint for best practice. While it is recognised that many of the platforms are already undertaking a great deal of work to address harmful content, disinformation and misinformation, this Code is intended to hold Signatories to account and to provide a framework for greater transparency and oversight of those efforts in New Zealand."
Update: In July 2022 Meta (Facebook and Instagram), Google (including YouTube), TikTok, Twitch and Twitter signed the Aotearoa New Zealand Code of Practice for Online Safety and Harms. NZTech will take over the establishment and administration of the Code. Advocates have raised concerns that there was not adequate community engagement and recommending a legislative solution rather than voluntary code.
More information on technology and abuse
Increasing research and reports have examined and documented the growing trend of gender based cyber violence including image based abuse, online harassment, stalking and other forms of digital abuse. See the following reports for information related to cyber violence in Aotearoa New Zealand:
Seeking justice and redress for victim-survivors of image-based sexual abuse, by Erika Rackley, Clare Mcglynn, Kelly Johnson, Nicola Henry, Nicola Gavey, Asher Flynn and Anastasia Powell, published in Feminist Legal Studies, May 2021
The face of technology-facilitated aggression in New Zealand: exploring adult aggressors' behaviors, by Edgar Pacheco and Neil Melhuish, published in The Emerald International Handbook of Technology Facilitated Violence and Abuse (pp. 103-124), Emerald Insight, 2021
New Zealand children’s experiences of online risks and their perceptions of harm: Evidence from Ngā taiohi matihiko o Aotearoa – New Zealand Kids Online, by Edgar Pacheco and Neil Melhuish, Netsafe, 2020
Image-based sexual abuse: an international study of victims and perpetrators. A summary report, by Anastasia Powell, Adrian J Scott, Asher Flynn and Nicola Henry, RMIT, 2020
New Zealand teens and digital harm: statistical insights into experiences, impact and response, Ministry for Women | Minitatanga mō ngā Wāhine, 2018
Digital domestic violence : are victims of intimate partner cyber harassment sufficiently protected by New Zealand's current legislation?, by Ruby King, published in Victoria University of Wellington Law Review, 2017, 48(1): 29-54
Insights into digital harm : the online lives of New Zealand girls and boys, Ministry for Women | Minitatanga mō ngā Wāhine, 2017
The United Nations Population Fund published the report Technology-facilitated Gender-based Violence: Making All Spaces Safe in December 2021 calling "...the international community, digital and feminist movements, private technology companies and national Governments to act in unison to end the rising scourge of technology-facilitated gender-based violence."
The Council of Europe Expert Group on Action against Violence against Women and Domestic Violence (GREVIO) adopted General Recommendation No.1 on the digital dimension of violence against women in October 2021. The Council of Europe also published Protecting women and girls from violence in the digital age - The relevance of the Istanbul Convention and the Budapest Convention on Cybercrime in addressing online and technology-facilitated violence against women in December 2021. The European Parliamentary Research Service previously published Combating Gender based Violence: Cyber Violence - European Value Added Assessment which provides background to cyber violence and outlines legal and non-legal policy options.
UN Women have previously highlighted emerging trends and impacts of online and technology facilitated violence against women and girls during the COVID-19 pandemic in their 2020 report, Online and ICT* facilitated violence against women and girls during COVID-19. In a statement accompanying a webinar about online violence against women, the Women's UN Report Network (November 2020) wrote:
"Online is the new front line for violence against women and girls, and it has increased exponentially during COVID-19 and the lockdowns. Online violence is an epicentre of risk, intersectional and intergenerational, and compounding multiple forms of violence against women and girls, including trafficking."
Find more research and information in our library under the quick topic search Technology and abuse.
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Support services for people experiencing violence will still be available over the Christmas break. Contact details for support services are provided on our website.
The It's Not OK Campaign has information about how to help including danger signs and suggestions for what to say or do if you are concerned about someone.
Domestic violence service provider Shine is encouraging people to be prepared to respond to people experiencing violence:
"Being prepared requires an understanding of how coercive control and social inequity causes entrapment. So please, take time to learn more today. A good place to start is by reading some of the resources on Shine’s website, including this page about how to help someone you know."
The Joint Venture for Family Violence and Sexual Violence has shared these safety messages for the holidays in their 20 December 2021, E-Update:
- "When you see friends, whānau and family over Christmas, check in on their wellbeing. If you notice a change in their behaviour or you are worried about their safety, ask if they are OK. No-one should be hurt or feel fearful, threatened or harassed.
- If you or someone else is being hurt, controlled or is fearful, you can support them to get help.
- For family violence help contact: the family violence information line on 0800 456 450 or web chat for support and information about services near you. https://www.areyouok.org.nz/
- For sexual abuse help contact: Safe to Talk — the sexual violence helpline. Call 0800 044 334, text 4334 or email support@safetotalk.nz. https://www.safetotalk.nz
- If you or someone else is in danger call the Police on 111.
- Family violence and sexual violence, including child abuse can escalate during the holiday period. If you or someone else is in danger call the Police on 111.
- When you’re enjoying yourself this summer, remember - if they’re out of it, they’re not up for it. Make good decisions around alcohol, sex and consent and look after for your mates. If you or someone else is in danger call the Police on 111.
- Family violence and sexual violence crisis and support services are still open and want to help. It’s OK to ask for help at any time you don’t need to wait for a crisis. If you or someone else is in danger call the Police on 111.
- Are you worried that someone is being hurt or abused? You can do something. Let the person know that help is available and support them to contact one of options below.
- For family violence help contact: the family violence information line on 0800 456 450 or web chat for support and information about local services near you. https://www.areyouok.org.nz/
- For sexual abuse help contact: Safe to Talk — the sexual violence helpline. Call 0800 044 334, text 4334 or email support@safetotalk.nz. https://www.safetotalk.nz/
- People in COVID-19 isolation (whether MIQ or self-isolation) can still get help if they feel unsafe. No-one should be hurt or feel fearful, threatened or harassed. If you or someone else is in danger call the Police on 111."
The It's Not Ok Campaign has previously put out these holiday messages:
Finally, 2021 has been another challenging year. We hope that you are able to take some time out to be with your whānau, rest and rejuvenate over the holiday break.
We wish everyone a safe, happy and healthy break.
The formation of this rōpū was announced on the 7th of December 2021 at the launch of Te Aorerekura, the national strategy to eliminate family violence and sexual violence.
The overarching purpose of the Tangata Whenua Ministerial Advisory Group is to provide the Minister for the Prevention of Family Violence and Sexual Violence with independent advice on family violence and sexual violence. It is established as a Ministerial advisory group in line with this purpose.
Te Aorerekura is the vehicle that helps us to implement intergenerational focussed strategies. The Tangata Whenua Ministerial Advisory Group will play a key role in upholding the tikanga of Te Aorerekura by providing advice to ensure that the design, execution and sustainability of our national strategy embraces and reflects culturally appropriate ways of healing the people.
Criteria for nomination
The Minister publicly invites nominations to the Tangata Whenua Ministerial Advisory Group with a view to ensuring its membership reflects a broad range of Tangata Whenua voices. The composition of group membership will include specialist family violence and sexual violence sector leaders, te ao Māori tōhunga and other rangatira with relevant skills and experience, as well as survivors.
The Tangata Whenua Ministerial Advisory Group will:
- Align with the National Strategy, Te Aorerekura, by supporting the development and implementation of intergenerational focussed strategies.
- Provide advice to ensure that a te ao Māori lens is interwoven into the fabric of the National Strategy and action plans
- Have the skills and expertise to offer strategic advice on the design and implementation of government family violence and sexual violence policies and initiatives that impact on whānau, hapū, iwi and hāpori Māori.
- Be a representative voice for whānau, hapū, and hāpori.
- Leverage relationships with relevant kaupapa Māori networks and/or organisations and connect across sectors.
As individuals, members of the Tangata Whenua Ministerial Advisory Group will:
- Be of Māori descent.
- Be recognised as leaders with mana who are grounded in Te Ao Māori and in their knowledge and experience of Kaupapa Māori approaches to preventing and addressing the harm caused by family and whānau violence and mahi tukino/sexual violence.
- Be able to work collaboratively with key stakeholders across government and the wider family violence and sexual violence sectors in ways that are mana enhancing for everyone.
- Be able to advocate strategically for systems and policy changes that are to the benefit of all whānau, hapū, iwi and hāpori across Aotearoa.
Nominations
Each nominee requires two people, groups and/or organisations to nominate them to be eligible for selection as a potential appointee. Each person, group and/or organisation shall complete their own nomination form.
For more information about the Tangata Whenua Ministerial Advisory Group including the Terms of Reference and the nomination form, visit the violencefree website.
If you wish to nominate a person for the pool of potential appointees to the Tangata Whenua Ministerial Advisory Group, please complete the nomination form and email to kaitiakiroopuu@nnsvs.org.nz.
Please advise the person you are nominating that you have nominated them. Nominees will be contacted as soon as practicable following the close date.
The call for nominations closes at 5pm, 28th of February 2022.
Please contact kaitiakiroopuu@nnsvs.org.nz if you have any questions about the nomination process.
The Cabinet Paper Sustaining a collaborative approach to support the whole-of-government response to eliminate family violence and sexual violence establishes the Tāngata Whenua Rōpū to advise the Minister for the Prevention of Family and Sexual Violence on achieving improved outcomes for Māori. It also establishes the Joint Venture for Family Violence and Sexual Violence as an interdepartmental executive board.
The RFP 25240272, Family Violence and Sexual Violence Response Training Package, is inviting proposals to develop a training package for the justice workforce on responding to family violence and sexual violence.
The closing date to submit a proposal is 21 January 2022.
A detailed RFP document provides background information about the request. We highlight key points from the RFP document below.
The scope outlined in the RFP document states:
"The scope of this Request for Proposal (RFP) includes the development of a high quality, comprehensive training package (the Training Package) for the justice workforce on family violence and sexual violence response. Kaupapa Māori understanding and approaches to family violence and sexual violence must be included in the Training Package."
It also notes that the delivery of the training is not in scope for this RFP.
The overview in the detailed RFP states:
"The Ministry requires a high-quality Training Package on best practice response to people that are impacted by family violence and sexual violence. The Training Package will be used to improve the quality of the Ministry’s response to court participants who are impacted by family violence or sexual violence.
While delivery of the Training Package to the justice workforce is not within scope of this RFP the Ministry anticipates that, in future, the Training Package will be delivered across a full day in a face-to-face group learning environment. The Training Package that is delivered to the Ministry at the completion of the contract must be fully developed and ready for use by trainers and trainees. Our preference is that the Training Package includes both foundational and advanced components and that it is structured in a way that means the foundational and advanced components can be completed by the trainees at different times."
The RFP document highlights two learning objectives that must be met by the training package:
"• each trainee understands the dynamics and impacts of family violence and sexual violence and knows how to respond safely and appropriately to court participants who are impacted by either family violence or sexual violence;
• each trainee can use a neutral and non-judgmental approach to people who disclose family violence and sexual violence whether they are a victim or a perpetrator."
The RFP document also notes the training should be suitable for a diverse range of adult learners and states:
"The groups from within the justice workforce that the Training Package is initially intended to be delivered to includes:
• Frontline Ministry of Justice employees e.g. Court Security Officers, Registrars and others who interact with the public;
• Tribunal chairs and members;
• Professionals contracted to deliver services to court participants or advice to judges e.g. Communication Assistants;
• The legal profession that interacts with the court system;
• Non-Government Organisations (NGOs) contracted by the Ministry of Justice to deliver services and programmes in the community; and
• Community magistrates and judicial officers."
For more information see the RFP 25240272, Family Violence and Sexual Violence Response Training Package. The detailed RFP document is available once signed in to the GETS website as a supplier. For questions, contact the Procurement Team at procurement@justice.govt.nz.
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