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The next phase of the national Māori Inquiry into Oranga Tamariki - Ministry for Children is a hui on Monday 19 August 2019 in Hamilton.
Whānau Ora announced this will be to confirm the scope and purpose of the inquiry.
Following this, the Kīngitanga has invited Whānau Ora Commissioning Agency and the inquiry governance group to attend Ngā Kawe Mate o te Motu at Tūrangawaewae Marae on Tuesday 20 August, where the inquiry’s Terms of Reference will be presented.
The draft Terms of Reference are currently available on the Commissioning Agency’s website. Whānau are invited to provide feedback on this until submissions close on Friday 16 August, by emailing maoriinquiry@whanauora.nz.
Following the confirmation of the Terms of Reference, the inquiry will commence. The aim is to have a final substantive report published in early 2020.
Merepeka Raukawa-Tait, Chair of the Whānau Ora Commissioning Agency, said
"We were heartened by the turnout at the first hui and everyone’s valuable contribution. This second hui will keep the momentum going and allow us to move forward on this important ‘for Māori, by Māori’ inquiry."
Whānau Ora said the initial call for action came from Māori leadership concerned with the practice of tamariki removals by the State. The response to this call was "overwhelming" with several hundred people attending the first hui, hosted by the Whānau Ora Commissioning Agency on Saturday 13 July. This included whānau, many Māori leaders and highly skilled Māori from a variety of areas, including governance, researchers, clinicians and practitioners, who supported the call for a Māori-led inquiry and participated in wānanga to inform its scope and purpose.
At the hui it was confirmed a Governing Group would oversee the Inquiry, with the following membership:
- Dame Naida Glavish
- Dame Areta Kopu
- Dame June Mariu
- Dame Iritana Tawhiwhirangi
- Dame Tariana Turia
- Lady Tureiti Moxon
- Sir Toby Cutis
- Sir Mason Durie
- Sir Wira Gardiner
- Sir Pita Sharples
- Sir Robert McLeod
- Sir Mark Solomon
Registrations are open for the hui on Monday 19 August 2019 in Hamilton.
Update: Waatea News livestreamed the hui. The full video recording of the hui is now available online.
Related news
On 30 July 2019, Hands Off Our Tamariki organised a rally to Parliament to demand the halting of state abuse of Māori tamariki And whānau. The rally was facilitated by Leonie Pihama, Tere Harrison and Laura O’Connell Rapira, with invited speakers including Dame Tariana Turia, Paora Moyle, Prue Kapua, Alison Green, Khylee Quince, Des Ratima, Ripeka Ormsby, Annette Sykes, Rihi Te Nana and Jean Te Huia. The organisers called for a number of changes and presented an open letter to the NZ government.
Advocate Paora Crawford Moyle has given a talk on Oranga Tamariki at the 16th Annual Waitangi Rua Rautau 2019 at Tangatarua Marae, Ihenga Whare Tupuna, Rotorua on 28 July 2019.
Background information
The independent Māori inquiry into the Ministry of Children - Oranga Tamariki was launched following media coverage of an attempted uplift of a baby from their mother in Hawke's Bay. This focused attention on Oranga Tamariki's practices and removal of Māori babies from their whānau, hapū and iwi and led to many calls for change.
In response, three separate government reviews were announced. These are being conducted by Oranga Tamariki, the Children's Commissioner and the Chief Ombudsman.
In an interview with Newshub, Merepeka Raukawa-Tait, the chair of the Whanau Ora Commissioning Agency (North Island) said Whānau Ora were responding to calls and questions from iwi leaders around the country asking what Whānau Ora was doing. She said other reviews and inquiries done by others lack a Māori lens, and this inquiry is by Māori, for Māori, with Māori.
Following the first hui, the North Island Whānau Ora Commissioning Agency said "Yesterday the largest gathering of Māori leadership since the Foreshore and Seabed debate voted unanimously to hold an Inquiry." A recording of the hui is available online.
Related research and reports
New research has found that Māori children are almost four times more likely than those of European descent to be placed out of home by child protection services.
Professor Denise Wilson (Ngāti Tahinga), co-author of the study and Director of the Taupua Waiora Centre for Māori Health Research at Auckland University of Technology (AUT), said "We found strong disparities for Māori across all levels of child protection involvement, but the placement figures were particularly alarming."
By the age of 18, a Māori child had a one in 14 chance of being placed out of home, whereas a child of European ethnicity had just a one in 50 chance of the same outcome. The researchers said "While poverty is known to make maltreatment more likely, stratification by neighbourhood deprivation did not change the findings. That is, the gap between the experiences of Māori children and European children remained, regardless of economic status."
The latest Oranga Tamariki quarterly report on the safety of children in care has found that over the three-month period to March 2019, more than 100 children in state care (some were living with their parents) were harmed sexually, physically, or emotionally. More than three quarters of the children harmed were Māori.
Related media
New uplift figures paint disturbing ‘racialised’ picture, Newsroom, 27.08.2019
Tūhoe steps up for child protection role, Waatea News, 26.08.2019
Putting Tamariki first: A report from Tūhoe country, Newshub, 24.08.2019
Abused and suffering in the care of Oranga Tamariki: Karisma Emery's story, Stuff, 19.08.2019
Māori leaders launch inquiry into tamariki being taken from their whānau, Stuff, 19.08.2019
Children's Commissioner backs Māori inquiry, Waatea News, 19.08.2019
State care of children has 'failed', says Minister, Stuff, 16.08.2019
Te Arawa challenges Children's Minister over uplifts, Waatea News, 16.08.2019
‘No second chance’ to fix child welfare system, Newsroom, 12.08.2019
Hands Off Our Tamariki marchers reject collaboration, Waatea News, 01.08.2019
Constitutional change behind hīkoi call, Waatea News, 31.07.2019
‘Tears of our tupuna’ as Māori meet for change, Newsroom, 31.07.2019
Marchers call for family support first, Otago Daily Times, 31.07.2019
Hundreds rally to call for change at Oranga Tamariki, RNZ, 30.07.2019
March for justice on NZ’s ‘taken generation’, Newsroom, 30.07.2019
'Bullying, harassment and illegal practices' used to describe Oranga Tamariki, RNZ, 30.07.2019
‘Oranga Whānau is Oranga Tamariki’, Press Release: The Māori Party, Scoop, 30.07.2019
Christchurch Hands Off Our Tamariki protesters call for end to 'inhumane' uplifts, Stuff, 30.07.2019
Child uplift policies cultural genocide, Waatea News, 30.07.2019
Winston Peters says Māori need to address violence against women and children, NZ Herald, 29.07.2019
Oranga Tamariki 'our job to fix', Winston Peters says ahead of Parliament protest, Stuff, 29.07.2019
Guardianship orders threat to whakapapa, Waatea News, 26.07.2019
Listen to Māori midwives – they know more than you think, The Spinoff, 23.07.2019
Māori children over-represented in state care harm figures, RNZ, 23.07.2019
Legality and 'disconnection' between Māori kids and whānau, RNZ, 23.07.2019
AUT Professor Denise Wilson on Paakiwaha, Waatea News, 23.07.2019
New law returns child to whānau in Oranga Tamariki dispute, RNZ, 22.07.2019
Babies in Oranga Tamariki care - safe or seized?, RNZ, 21.07.2019
Simon Shepherd interviews Maori leaders, Press release: TVNZ, Scoop, 20.07.2019
'Systemic inequality' in Māori involvement in child protection, RNZ, 19.07.2019
Māori mothers fear and mistrust 'systemically racist' authorities, Stuff, 19.07.2019
More residential homes could stop Oranga Tamariki uplifts, RNZ, 19.07.2019
Helen Leahy: Not one more Māori child should be left in isolation from its whānau, Stuff, 19.07.2019
The children come first: A day at the Oranga Tamariki hui, The Spinoff, 16.07.2019
Māori plant flag over uplifted children, RNZ, 16.07.2019
Māori unite to declare ‘enough is enough’, Newsroom, 15.07.2019
Should the practice of Whāngai be recognised in New Zealand law?, One News, 15.07.2019
A sense of injustice too large to fathom, Newsroom, 14.07.2019
The call from the hui was loud and clear: give us back our kids, The Spinoff, 14.07.2019
Chief Victims Advisor Dr Kim McGregor has released two reports related to strengthening the criminal justice system for victims/survivors of crime.
The first is the results from a survey of victims/survivors of crime which was carried out in February 2019.
The second summarises a two-day workshop that took place in March 2019, also focused on victims/survivors' experiences of the criminal justice system.
“Through the survey, a majority of victims also told us that the criminal justice system doesn’t keep them safe, doesn’t provide them with enough support or information, and does not listen to their views, concerns or needs.
... It’s clear that we need to do better for victims. Victims’ needs, which are diverse and often complex, must be at the heart of any criminal justice reform."
Survey report
The Strengthening the Criminal Justice System for Victims survey asked victims/survivors of crime about their experiences of the current criminal justice system, what works well, what doesn’t work well, and how things could be improved. There were 620 responses to the survey.
Key findings from the survey include:
- 63% of respondents reported that their overall experience of the criminal justice system was either poor or very poor.
- 83% of respondents either disagreed or strongly disagreed that the criminal justice system is safe for victims.
- 77% of respondents either disagreed or strongly disagreed that victims’ views, concerns and needs are listened to throughout the justice process.
- 79% of respondents either disagreed or strongly disagreed that victims have enough information and support (not including family and friends) throughout the justice process.
The survey report identified four key themes:
"1. The ideology of the criminal justice system is wrong: This theme covers the ideological failings of the current system, including the call for a paradigm shift from an offender-focussed system to one which is victim-focussed, the call for a shift from the adversarial system, and discussion of the values that victims envisioned for a future system. Also included in this theme is discussion about the system not working for Māori, the system not meeting the complex needs of victims, the call for a tougher approach on crime, and the call for a more rehabilitative approach.
2. The criminal justice system is failing to keep victims safe: This theme covers safety in several different ways, including physical safety, psychological safety, and financial safety. It highlights the call from victims that the system should keep victims safe throughout the court process, the system should keep victims safe beyond the court, the system should focus on supporting the victim, and the system should keep whānau and communities safe.
3. The criminal justice system is failing to communicate with victims: This theme comprises the system failing to keep victims informed, and the system failing to listen to victims or enable their voice to be heard.
4. The workforce of the criminal justice system can do better: This theme reflects negative feedback that we received about the workforce of the criminal justice system but also highlights ‘shining examples in the dark’: individuals and organisations that made a positive difference to victims’ journeys through the criminal justice system."
For each theme, the report examines the related findings including quotes from victims/survivors.
Workshop playback report
In March 2019, Dr Kim McGregor hosted a two-day workshop, Hāpaitia te Oranga Tangata Safe and Effective Justice: Strengthening the Criminal Justice System for Victims. The workshop was attended by 160 victims, victim advocates, judiciary, government officials and victim experts. The workshop playback report captures discussion from the workshop.
The detailed report includes a summary of key messages from speakers and a table that outlines solutions across a number of issues. However, the main focus of the report collates feedback for 18 specific topics or issues. For each one of these, the report looks at what the issues are, the reality and gaps in the system, and solutions. These include issues for victims of sexual and family violence and a number of specific populations including Māori, Pasifika, ethnic and migrant communities, the Rainbow community, "vulnerable victims", children, and male victims of sexual abuse and violence.
For responses and commentary from advocates, see the media below.
Background information
Dr McGregor shared initial findings from the survey in her speech at the Strengthening the Criminal Justice System for Victims workshop in Wellington in March 2019.
The survey and workshop are part of the Government's wider criminal justice reform efforts, Hāpaitia te Oranga Tangata Safe and Effective Justice. The reports from the survey and workshop complement other reports from the criminal justice reform process, including:
Report from Hui Māori: Ināia Tonu Nei - criminal justice reform
First report on criminal justice reform from Te Uepū Advisory Group
For more information see our previous news stories:
Justice reform survey open for victims/survivors of crime
Criminal Justice Advisory Group public meetings; related research and reports
Summit and new advisory group to focus on criminal justice reform
Related news
Update: Victim Support has released their final report Victims’ Voices: The Justice Needs and Experiences of New Zealand Serious Crime Victims (2019). The report summarises findings from in-depth interviews with 32 victims of serious crime. They found that 68% of victims felt that justice had not been served in their case, despite 86% of cases resulting in a guilty verdict and 52% in imprisonment of the offender.
The Salvation Army has published Reconsidering the Aotearoa New Zealand Criminal Justice Policy Model (2019), the first of three briefing notes exploring criminal justice policy.
Related media
Departures will not 'hurt' justice reform group's report, RNZ, 23.08.2019
Borrows’ sense of justice guides sector reform, Newsroom, 14.08.2019
The latest Ministry of Social Development (MSD) email update for family violence and sexual violence service providers covers a number of areas of work.
You can view the updates online and subscribe to receive them to your inbox.
The August 2019 update includes:
- Update on MSD's visits to sexual violence service providers
- Research commissioned into sexual violence and outcomes including mental health issues, substance use/abuse and suicide, and the costs associated with sexual violence
- Update on Oranga Tamariki's funding of sexual harm services for children
- Whānau Resilience presentations nearly completed; update on Pouwhakataki roles
- New project on accessing family violence helpline support, led by National Collective of Independent Women’s Refuges
- Ministry of Justice has updated Protection Order forms
- Registration open for national conference ‘Challenging Conversations and Complicated Spaces: Titiro whakamuri, kia anga whakamua – Sexual and Domestic Violence Specialist Services reflecting forward’ on 12-13 September in Wellington (see the conference website)
Read all past updates and sign up to receive future updates on the MSD website.
For questions about sexual violence service development email CI_Sexual_Violence_Services@msd.govt.nz and about the family violence work programme contact Family_Violence_CPP@msd.govt.nz.
Related media
An innovative approach to family violence, Newsroom, 23.08.2019
Govt takes notes from startup sector to tackle country's big problems, RNZ, 09.08.2019
Media has continued to highlight ongoing reports of sexual harassment and assault and bullying in workplaces, sporting organisations, universities and other organisations around the country.
These are summarised below, followed by steps being taken towards change.
Ongoing reports
Statistics New Zealand released the results of the Survey of working life conducted in 2018, which asked employed people about their work arrangements, employment conditions, and satisfaction with their job and work-life balance. 14% of women and 9% of men said they had experienced discrimination, harassment, or bullying at work during the previous year. Results are available by ethnicity, age group, occupation group and more.
In February 2019, Stuff reported that hundreds of women, and some men, have come forward over the last year to share their stories through the #metoo investigation:
"We found evidence to suggest sexual harassment is endemic in a wide range of industries in New Zealand, in companies of every size. We identified recurring themes in these stories, shared experiences that happened over and over again."
This followed Journalist Alison Mau launching the #metoo investigation into cases of sexual harassment and assault in Aotearoa New Zealand in February 2018, following Newsroom's story about allegations of sexual assault and harassment at law firm Russell McVeagh.
As more women have come forward and media has continued to report people's stories, some organisations have also publically disclosed issues within their workplaces and communities including how they are responding.
Government departments and organisations
The New Zealand Defence Force issued an apology to former naval officer Hayley Browne along with a confidential compensation payment. The apology was issued by Attorney General David Parker on behalf of the Defence Force for not providing a safe work environment after she said she was raped by a British naval employee while on deployment with the Defence Force, and was sexually harassed.
Radio NZ reported statistics from NZ Defence Force (NZDF) showing an increase in reporting of sexual violence since the launch of Operation RESPECT. The majority of reports were made by women. The statistics were included in an update on Operation RESPECT, released to Radio NZ under an Official Information Act request. Operation RESPECT was launched in 2016 to address harmful and inappropriate sexual behaviour in the NZDF. Two men also spoke out about sexual violence they experienced at Burnham Military Camp by other men in 1970s. NZDF is piloting bystander training in 2019.
A Police officer was arrested and charged with sexually assaulting another Police officer. The officer has been stood down and is expected to go to trial in early 2020. NZ Police also issued a statement they were conducting an employment investigation into behaviour of off-duty Police officers on the same night, but would not confirm if this was related to the sexual assault charge.
Media reported statistics on the number of staff complaints of harassment including sexual harassment at the Department of Corrections. In 2018, Corrections launched a programme to address sexual harassment, staff training and an 0800 number for staff.
These events followed complaints of workplace bullying by now Deputy Commissioner of Police Wally Haumaha in 2016. An investigation by the Independent Police Conduct Authority (IPCA) concluded that Haumaha's behaviour had been "inappropriate and unprofessional" and that he had acted "improperly." The State Services Commission (SSC) reviewed how the Ministry of Justice and the Department of Corrections handled the bullying complaints, found they did not meet standards and made recommendations for change.
Media outlet Stuff reported a lack of response to a senior social worker's reports of bullying and sexual harassment at Oranga Tamariki - Ministry for Children. After the story ran, more staff came forward to share their stories of workplace bullying at the Ministry.
Stuff reported the State Services Commission has been working to establish a new set of standards to address workplace bullying in government agencies.
Parliament and political parties
The Labour Party is reviewing an internal investigation into complaints made by several party members and officials about bullying, intimidation, sexual harassment and sexual assault by a Labour Party staff member. Their complaints were investigated in March 2019. After concerns were raised about the investigation being mishandled, the party is now reviewing its processes. Media reported several party members resigned over the investigation.
Several recent reports and surveys have examined bullying and harassment in the Parliamentary workplace and political parties including:
- The Speaker of the House of Representatives of New Zealand released the report of the independent review of bullying and harassment in the Parliamentary workplace.
- The National Party released health and safety recommendations following a review of their health and safety policy.
- The New Zealand chapter of the cross-party Commonwealth Women Parliamentarians surveyed female MPs about their experiences with sexism and sexual harassment.
Sports organisations
High Performance Sport New Zealand (HPSNZ) and Sport NZ set up an independent complaints service for people to raise concerns about bullying, harassment, inappropriate behaviour and athlete welfare in high performance sports. The service is an interim solution while a system wide permanent solution is developed for both high performance and community sport. More information is available about the service on the HPSNZ website.
A review of Cycling NZ found a culture of bullying, poor behaviour, lack of accountability and an inappropriate relationship. Following this, Stuff reported that High Performance Sport NZ has drawn up a coach-athlete relationship policy framework.
A review of NZ Football substantiated formal complaints of harassment and bullying by the Football Ferns coach, Andreas Heraf.
Sport NZ launched a review of integrity issues in sport in 2018. The review includes a number of areas including sexual harassment and protecting children from abuse. The review launched with a public consultation.
Early 2019 also saw calls made for New Zealand Cricket to address concerns about sexism and sexual violence, following Scott Kuggeleijn playing for the Black Caps. New Zealand Cricket and Westpac Stadium were also criticised for removing banners promoting sexual consent during a game.
Universities
Stuff reported preliminary results from a study of 2700 students at New Zealand Universities about sexual violence, finding that 41% of women reported sexual assault, and 22% of men. 88% of reported perpetrators were men and 17% of reported perpetrators were women. The research is being carried out by an Otago University PhD student.
The University of Otago student magazine Critic Te Arohi reported stories of sexual harassment and rape at the residential hall Knox College between 2011 and 2017. The story highlighted that college leadership failed to take action despite the women's efforts to report the incidents. Since the story was published, more than 30 more people have come forward with similar reports. The Vice Chancellor of University of Otago called a hui for female Residential Assistants to talk about women's safety in residential colleges.
Media has previously highlighted that sexual assault and harassment is widespread among New Zealand university halls of residence.
Also in early 2019, former Massey University Associate Professor Grant Hannis was convicted of indecently assaulting an 82 year old woman with dementia. He was sentenced to eight months’ home detention, 100 hours of community work and $3000 in emotional-harm reparation. Advocacy group Grey Power called the sentence "shockingly inadequate." One of the reasons his sentence was reduced was "previous excellent character." Female students from Massey University reported they made complaints about intimidation, aggression and inappropriate jokes about sexual assault by Hannis, but the University did not take adequate action.
In 2018, two students at Victoria University came forward about their experiences of making formal complaints of sexual harassment by a tutor and the University's lack of action. At the time, a Victoria University lecturer said one of the issues was the lack of a clear pathway and policy to handle sexual harassment. The University has recently published a draft stand-alone Sexual Harassment Prevention Policy and associated procedures for consultation.
Also in 2018, the New Zealand University Students' Association (NZUSA) investigated allegations an employee sent multiple inappropriate photos to fellow employees working on a campus sexual violence prevention programme. The programme was funded through a contract with ACC, which was subsequently cancelled when the sexual harassment issues came to light.
Media
A former TVNZ employee came forward about her experiences of sexual harassment and assault by a senior employee in 2010 and the lack of response after she reported the incident to human resources. TVNZ released a statement saying they were saddened to hear about the unacceptable behaviour, had a zero tolerance policy and asked others to come forward.
Journalist Alison Mau also spoke about experiences of sexual harassment and pay inequity.
Law
The NZ Law Society is working through changes to their regulatory process for lawyers accused of inappropriate behaviour. The Deans of New Zealand's law schools have developed and agreed to best practice standards for a safe and appropriate culture and environment for law students employed in law firms.
Steps towards change
Internationally, a new international Convention was passed to eliminate violence and harassment at work at the International Labour Organisation (ILO) in Geneva in June 2019. New Zealand Council of Trade Unions President Richard Wagstaff said,
"International agreements are vitally important in ensuring that working people are protected in their own country but also that international law exists which provides further protection. The next step is getting our own Government to ratify this Convention and checking the adequacy of our own national laws and policies to ensure working people are able to work free from violence and harassment."
Earlier in the negotiating process, the UN Special Rapporteur on Violence Against Women released a Joint Statement with the Platform of women’s rights mechanisms on violence and harassment in the world of work, expressing concerns about the regressive positions expressed by some States.
In July, the Human Rights Commission released an updated guide with new information on making a complaint about sexual harassment. The guide provides information on: how the Commission's complaint process works, how an employer should deal with sexual harassment complaints, the mediation process for dealing with a complaint, the process if you've been accused of sexual harassment and where other support is available.
WorkSafe published a sexual harassment toolkit for workplaces.
In 2018, WorkSafe was criticised for not acting on sexual assault and harassment in the workplace and bullying.
Newsroom reported the Government will be reviewing the Health and Safety at Work Act 2015 and looking at how to improve the dispute resolution process.
Related resources
Researcher Garth Baker has written a summary article and detailed report about what the #MeToo movement asks of men and how men can effectively respond for the White Ribbon Campaign.
UN Women published
The Royal Commission has announced Chair of the Abuse in Care Inquiry, Sir Anand Satyanand has resigned, effective in November 2019.
Sir Anand said:
"it has been a privilege to Chair the Abuse in Care Inquiry during its setup phase. When the Terms of Reference were announced by the Government in November 2018, the scope of the Inquiry was widened to include faith-based institutions and the scale of the work increased markedly. Because of that and the fact that the ‘set-up’ and development phase of the Inquiry is nearly complete, I have opted to step aside for a new Chair who can lead the Inquiry through to the completion of this important process."
Sir Anand has been appointed Chancellor of Waikato University, for a part-time governance and ceremonial role.
Other recent updates and announcements (made before Sir Anand's resignation) are summarised below.
First public hearings
The first public hearing has been scheduled for the Royal Commission of Inquiry.
The Commission has announced that the first public hearing will take place on 29 October 2019. It is expected to run until 8 November 2019. The venue has not been confirmed yet.
To prepare for the Public hearing, the Commission has scheduled one-day Procedural hearing on 19 August 2019 in Auckland. At the Procedural hearing, the Commission will provide information about the Public hearing. It will be possible to watch the Procedural Hearing live and after the event on the Commission website.
The Commission has published a 2-page provisional scope document which sets out the focus for the Public hearing. The introduction to the scope states:
"The Inquiry will examine two important elements of the establishment of the Royal Commission and its operation:
1.1. The road to the Royal Commission, including the Confidential Listening and Assistance Service, the Confidential Forum for former In-Patients of Psychiatric Hospitals, as well as calls by survivors, human rights leaders and other bodies for a Commission of Inquiry to be established into state and faith-based institutions.
1.2. How Te Tiriti o Waitangi and its principles underpin the investigation as a whole and the issues that will be examined, including the disproportionate extent of abuse in care for whānau Māori."
For more information see What are Public Hearings? from the Inquiry's webpage on Frequently Asked Questions. Also see the Inquiry information for Survivors.
The Commission has also announced that they are accepting applications for individuals, groups, institutions or other organisations who wish to formally participate in the Inquiry, as a 'core participant'. The Commission states that:
A ‘core participant’ is someone who has played, or may have played, a direct and significant role in relation to abuse in care. They can also be someone who has a significant interest in abuse in care, or who may be subject to serious criticism during the Inquiry.
The deadline to apply to be a core participant in the first Public hearing is 26 July 2019.
More information about the hearings and applying to be a core participant see the Minutes from the July 2019 Procedural Hearing.
Survivors can also register to share their story in private sessions.
For questions, contact the Commission on 0800 222 727 or by email counselassist@abuseincare.org.nz.
Concerns about the inquiry process
Media has reported a range of concerns by advocates.
Radio NZ reported that advocate Paora Moyle had raised concerns about how the Commission has handled Harry Tam's involvement with the Inquiry despite a history of domestic violence and ongoing safety concerns raised by women survivors. Mr Tam was the director of policy and research in the inquiry's secretariat team then the facilitator of the Survivor Advisory Group. Ms Moyle criticised the Commission's lack of action and lack of a complaints procedure to address concerns. The Commission issued a statement that the matter had been referred to the police and that an independent investigation into the allegations would be conducted by Maria Dew QC.
Media also reported that concerns were raised by survivors and advocates about the process of early private hearings held by the Commission. A number of survivors said they had been treated poorly and that this reflected the commission's lack of care and experience. Executive Director Mervin Singham responded to these concerns in an interview with Newshub. The Commission also published conflict management plans. See further comments from survivors and advocates in the media below.
Related news
In May the Government published information about how the government plans to respond to the Royal Commission of Inquiry.
In June the Ministry of Social Development announced that a Crown secretariat has been set up to coordinate and align the Crown’s engagement across and between agencies for the Royal Commission of Inquiry.
The Ministry of Social Development has been working on revising the process for responding to claims of historic abuse in state care.
Related media
Confidentiality clauses: Bishops 'lack moral leadership', RNZ, 27.09.2019
Commission ran background checks without consent, Newsroom, 26.09.2019
Royal Commission: Calls for commissioner Paul Gibson to step down, RNZ, 25.09.2019
Tracey Martin considers action after royal commission blunder, Newsroom, 24.09.2019
Sex offender in inquiry meetings: Minister says her hands are tied, Stuff, 24.09.2019
Child sex offender in meetings with abuse survivors, Newsroom, 24.09.2019
Royal Commission: Sex offender at gatherings with abuse survivors, NZ Herald, 24.09.2019
State care abuse not just 'historical', inquiry told, Stuff, 19.08.2019
Royal Commission hearing: Churches consider dropping confidentiality agreements, RNZ, 19.08.2019
Survivor backs push to lift veil on church child abuse secret deals, Stuff, 15.08.2019
Abuse inquiry on track despite losing head, Waatea News, 09.08.2019
Paora Crawford Moyle talks to Dale Husband, Waatea News, 08.08.2019
Māori partnership essential as abuse inquiry changes head, Waatea News, 07.08.2019
Resignation of Sir Anand Satyanand, Beehive Press Release, 06.08.2019
Sir Anand Satyanand steps down as head of inquiry into historical abuse, RNZ, 06.08.2019
Archives info error: 'It's a breach of my basic human rights', RNZ, 24.07.2019
Inquiry into abuse in state care orders security checks for vulnerable women, Stuff, 14.07.2019
Abuse in state care royal commission begins public hearings, RNZ, 25.06.2019
'Alone in a room with no support': Abuse survivor slams Royal Commission, Newshub, 15.06.2019
Lawyer loses confidence in state care abuse inquiry, Radio NZ, 10.06.2019
Royal Commission’s ‘mock’ sessions with survivors, Newsroom, 10.06.2019
Ongoing issues with the inquiry into state care risk its very survival, Stuff, 11.04.2019
Questions on conflict of interest in abuse inquiry 'shut down', Radio NZ, 08.04.2019
Minister refuses state abuse inquiry chair's resignation amid conflict criticism, Stuff, 07.04.2019
A report summarising the discussion and kōrero from Hui Māori: Ināia Tonu Nei has been released.
The Hui Māori was held in April 2019 in response to calls for more Māori involvement in the Government's work on criminal justice reform.
The report Ināia Tonu Nei – The Time is Now: We Lead, You Follow (2019) states it "... captures the raw voice of what the people said at the Hui Māori, and it attempts to let their voices be heard. This report is uncensored and should be read with an open heart and mind."
The executive summary states:
"Three main recommendations arose from the kōrero at the Hui Māori. These cover constitutional reform, a call for a plan to accelerate and understand the change needed, and to establish a Mana Ōrite model of partnership. Further, various other themes were identified within the recommendations relating to building or improving leadership capability, workforce development, legislative and policy settings, working together and service delivery. To enable these recommendations to happen, the message from those who attended the Hui Māori was clear: Māori must lead now, Ināia Tonu Nei."
The report summarises discussion on each of the following themes:
- Te Ao Māori and justice
- Journey of Māori and the reform of the justice system
- The Crown and delivering a justice system for Māori
- Power sharing
- Māori-led responses
- Wellbeing and development of our tamariki and mokopuna
- Abolishment of prisons.
The report acknowledges the generations of work by Māori to explain a Te Ao Māori view on justice reform, and is intended to sit alongside ongoing research and work. The report lists recommendations that reflect some of the kōrero and calls made by participants at the Hui, while noting the recommendations aren't exhaustive.
The recommendations start by outlining an overarching approach:
"Develop and implement a comprehensive approach to reform Aotearoa’s justice system based on abolishing prisons by 2040. This approach must be underpinned by, inclusive of and encompass the following points.
- Inclusion of Te Ao Māori, tikanga Māori and Te Tiriti o Waitangi.
- Mana Ōrite model of partnership to be established and nurtured between Māori and all Crown agencies and departments.
- All legislation and policy settings in Aotearoa to reflect Te Ao Māori, Tikanga Māori and Te Tiriti o Waitangi.
- High-trust relationships must be established and nurtured between Māori and all Crown agencies and departments.
- The Crown must take responsibility for colonisation and stop all ongoing effects of colonisation.
- Prisons are abolished in New Zealand.
- Oranga Tamariki is disestablished.
- Lived experience must influence policy and legislative developments.
- The justice system must reflect the true intentions of Puao-te-ata-tu.
- The justice system must reflect the true intentions of He Whaipaanga Hou."
Additional recommendations include:
- A constitutional reform to take place to entrench Te Tiriti o Waitangi. A work programme to be developed to support this work.
- Justice and social sectors to establish a Mana Ōrite model of partnership that puts in place Māori at all levels of decision-making.
- Review all legislation relating to the justice and state sectors and ensure it reflects Te Tiriti o Waitangi. Immediate review of the Sentencing Act 2002, Bail Act 2000, Criminal Procedure Act 2011 and all legislation relating to care and protection.
- Increase legal aid funding to whānau, hapū and iwi, to ensure greater access to justice.
- Make Te Tiriti o Waitangi and New Zealand history compulsory for primary and secondary education.
- Review section 27 of the Sentencing Act 2002, to allow judges to direct cultural reports, to increase their use. In addition, the Ministry of Justice must fund these cultural reports.
- More Māori judges to be appointed across all courts and tribunals of Aotearoa.
- Devolve services from Oranga Tamariki to whānau, hapū and iwi to provide care and protection services with and for whānau in their own communities.
- Justice and social sector agencies to develop, in conjunction with Māori, regionally based advocacy units.
- Undertake a kaupapa-Māori-based evaluation of the current therapeutic and specialist courts across Aotearoa to distil key learnings and principles from these models. Develop and implement a plan to apply these learnings and principles to the mainstream court process (ie, normalise these approaches). This includes: establishing more therapeutic and specialist courts, where appropriate (ie, Matariki, rangatahi, sexual violence, alcohol and other drug treatment, and family violence courts).
- Reform the Family Court, with the first step being to establish a tikanga Māori pilot for the Family Court.
- Establish more Te Pae Oranga, iwi and community panels and increase the tariff to enable more cases to be heard.
- Fund Māori non-governmental organisations and provide extensive support to organisations to develop capability and capacity in their own communities.
- Invest well in, build and drive a rapid upskill and increase of Māori capacity and capability within the justice and social sectors.
- Invest in Kaupapa Māori Legal Units within each Community Law Centre, to support access to justice in Māori communities.
- Invest in rangatahi-led initiatives, to improve capability and capacity building of the future of Aotearoa.
- Whānau Ora navigators to be established for the justice sector working with the social sector.
- Increase the pool and use of lay advocates, and their remuneration, to reflect their requisite skills and experience, and put in place a workforce strategy to attract and retain high calibre lay advocates.
- Develop and invest in regionally focused service models within the justice and social sectors, to ensure models reflect the needs of each region.
Māori Hui spokesperson Tā Mark Solomon said:
"Māori have the knowledge, the relationships, the experience and capability to lead reform of the justice system. We are calling on the Crown to join with Māori, build on the great initiatives that are already providing hope and better outcomes in our communities, and design a system that is fit for purpose in modern Aotearoa, New Zealand. We can, and must, grasp this opportunity together to build a justice system that is safer and more effective for all New Zealanders. Ināia tonu nei, the time is now."
The report is available in Te Reo Māori, English and accessible formats for both languages.
This report sits alongside the first report on criminal justice reform from Te Uepū Advisory Group, He Waka Roimata (A Vessel of Tears) (2019) which includes feedback from the Hui Māori: Ināia Tonu Nei and the Strengthening the Criminal Justice System for Victims workshop.
The report notes that a follow up Hui Māori will be held within 1000 days of the release of the report to monitor the progress of the Crown and the justice reform work.
Background
For more background information about the reform work see the Hāpaitia te Oranga Tangata Safe and Effective Justice website and our previous stories:
Justice reform survey open for victims/survivors of crime
Criminal Justice Advisory Group public meetings; related research and reports
Summit and new advisory group to focus on criminal justice reform
Related media
Speech: Launch event for Hōkai Rangi, Beehive press release, 19.08.2019
Māori leadership of prison reform strategy essential, Waatea News, 19.08.2019
Hōkai Rangi: The plan to reduce Māori in prison from 52 percent to 16, RNZ, 19.08.2019
Hope Māori-focused Corrections plan will deliver for families, Newshub, 19.08.2019
Justice system change not for middle NZ, Waatea News, 25.07.2019
We lead, you follow message for justice reform, Waatea News, 25.07.2019
Māori resolute in calls for total justice reform, Newsroom, 25.07.2019
Māori lawyer supports report's call for major justice system reform, RNZ, 25.07.2019
Hui Māori report released, Beehive Press Release, 24.07.2019
The Ministry for Women has launched a new online tool to assist policy developers include gender analysis in their work.
The tool, Bringing Gender In, asks key questions to assist people to explore the gender impacts of a policy as people move through the policy process.
The questions explore seven different steps in the process of developing policy:
- at the start
- the policy issue
- the policy options
- consultation
- implementation
- monitoring and evaluation
- Cabinet paper.
The tool provides examples of good practice as well as links to useful data sources and other relevant material. This tool highlights the different experiences and needs of different groups of women including differences by ethnicity, socioeconomic status, sexual orientation, age, disability, family responsibilities or where women live.
The purpose of the tool is to achieve positive change for women (as well as men and people who identify as gender diverse). In background information about how the tool will assist, the Ministry for Women write:
"Gender refers to socially constructed roles and responsibilities (historically in most societies between women and men). It can be defined as ‘more than biological differences’ between men and women. It includes the ways in which those differences, whether real or perceived, have been valued, used and relied upon to classify women and men and to assign roles and expectations to them. Sex, on the other hand, commonly refers to biological differences (again traditionally between women and men).
Gender analysis traditionally identifies differences in the social situations of women and men to take these differences into account when designing policies or programmes. While there is an emphasis on women in this tool that reflects the long-standing inequalities experienced by many women, gender analysis is also applicable to men and gender diverse people.
Gender analysis allows for equity, rather than simply formal equality. Gender equality is based on the premise that women and men should be treated in the same way. This fails to recognise that equal treatment may not provide equitable results, because women and men have different life experiences and constraints. Gender equity takes into consideration the differences in women's and men's lives and recognises that different approaches may be needed to produce outcomes that are equitable. In practice, the terms ‘gender equality’ and ‘gender equity’ are often used interchangeably."
For more information about the tool, see the Ministry for Women's video introducing the tool and press release.
Update: The Office for Disability issues has created a Disability Toolkit for Policy (February 2022). The disability analysis tool is designed to help policy-makers explore the disability implications of policy when developing policy.
Related research
The Lancet recently published a series of five papers exploring gender inequality and gender norms related to health and wellbeing.
Last year, Treasury published Gender Budgeting: A Useful Approach for Aotearoa New Zealand (WP 18/02) by Suzy Morrissey. The paper explores whether gender budgeting concepts could contribute to fiscal reporting in New Zealand.
Translating inclusion into influence in New Zealand: The conundrum of engaging gender organizations in public policy (2018) by Rachel Simon-Kumar summarises findings from qualitative interviews with more than 30 representatives of community organizations, activists, scholars, and policymakers to examine how women’s and gender organisations engaged with government on policy.
Also see WHO's definition of gender and glossary of terms related to gender, equity and human rights.
Related media
Where does gender equality fit into the Budget? Newsroom, 31.05.2019
E Tū Whānau is now accepting entries for their 2019 song competition.
The song competition highlights songs that inspire positive change and incorporate one or more of the six E Tū Whānau values:
"Aroha - giving with no expectation of return
Whanaungatanga - it’s about being connected
Whakapapa - knowing who you are and where you belong
Mana / Manaaki - building the mana of others, through nurturing, growing and challenging
Kōrero awhi - positive communication and actions
Tikanga - doing things the right way, according to our values"
The competition started in 2016. E Tū Whānau says:
"E Tū Whānau is a movement for positive change in response to unacceptable levels of violence in NZ. It's about all of us taking responsibility to create the change we want, including changing bad attitudes and behaviour, and nurturing and celebrating the things that make whānau strong.
No matter how big or small, we can all make a difference and be responsible for creating positive change within our whānau, hapū, iwi and community.
Music has the power to move us, to make us laugh or cry, to capture our hearts and minds, and to inspire change. By entering the E Tū Whānau Song Competition 2019 you can make a positive difference and be in to win some great prizes!"
E Tū Whānau is a movement for positive change developed by the Māori Reference Group.
Songs can be entered from 22 July 2019 through 1 September 2019. There are two entry categories: Open Entry (any age) and Rangatahi (16 years and under). This year prize winners will be selected by competition judges only - not by voting.
See the E Tū Whānau 2019 Song Competition Rules for more details and how to enter and vote.
Read about previous song competitions and winning songs from 2016, 2017 and 2018. Also see our previous story Songs addressing family violence.
Related news
E Tū Whānau held their annual poster design competition earlier this year and workshops are currently underway for the E Tū Whānau Rangatahi Film Challenge in collaboration with Māoriland.
Te Wiki o te Reo Māori is 9 - 15 Mahuru (September) 2019. The theme is 'Kia Kaha te Reo Māori.’
Parliamentary Under-Secretary to the Minister of Justice Jan Logie has announced a package of reforms to improve the justice response for victims of sexual violence. This includes legislative changes to processes around evidence, specialist sexual violence training, updating the classification of sexual crimes, and a number of operational initiatives.
Improving the justice response to victims of sexual violence contains three documents which provide more detailed information about the package of reforms:
- Cabinet Paper
- Regulatory Impact Statement: Improving the justice response to victims of sexual violence
- Cabinet Minutes.
The Cabinet Paper outlines the package of reforms along with recommendations for further work to improve the justice systems for victims of sexual violence.
Package of reforms
The reforms include a number of legislative and operational recommendations. Parliamentary Under-Secretary Jan Logie announced the proposed legislative changes would include:
- "tightening the rules around evidence about a complainant’s sexual history, to better protect against unnecessary and distressing questioning
- ensuring specialist assistance is available for witnesses who need it to understand and answer questions
- giving sexual violence victims the right to choose how they give their evidence and undertake cross-examination – for example by audio-visual link or pre-recorded video
- recording evidence given at trial so it can be replayed at re-trial instead of having to be given again
- more protections for sexual violence victims giving their victim impact statements in court, and
- certainty for judges to intervene in unfair or inappropriate questioning, and to address common myths and misconceptions about sexual violence."
The Ministry of Justice noted in their news post that a select committee process will take place including public consultation. The Government hopes to pass the legislation this year.
The Operational Initiatives include:
- waiting until the sexual violence court pilot is completed before rolling it out nationally (see our previous story on the New sexual violence court process to be piloted in Whangarei and Auckland)
- new Solicitor-General Guidelines for Prosecuting Sexual Violence, published on 1 July 2019
- previously announced online guidance for victims of sexual violence
- consideration of rolling out nation-wide psycho-social support for complainants of sexual violence in the criminal justice system (see our previous story Pilots for support of sexual violence survivors in criminal justice system).
The package of reforms also includes plans to fund voluntary specialist training for defence lawyers on best practice in sexual violence cases and to update the classification of sexual crimes in the Crimes Act 1961.
Additional recommendations for long-term work programme
In the Cabinet Paper Jan Logie states:
"My proposed reforms make some important improvements that can be progressed this parliamentary term. I consider wider, significant questions remain about how the justice system deals with sexual violence and how responsive it is to victims' needs. Stakeholders working in the sexual violence sector who were consulted about these proposals generally agreed that more fundamental improvements may be needed."
Cabinet agreed to the Jan Logie's proposal for a longer-term work programme directed at more transformative change which would consider:
- further options to improve the trial process for victims
- alternative resolution processes outside the criminal justice system including kaupapa Māori models
- examining the definition of consent in sexual violation cases
- role of juries in sexual violence trials
- post-guilty plea specialist sexual violence court.
More information
A question and answer document provides additional information about the planned changes. Budget 2019 includes funding for these proposals.
These changes are part of the Government's response to the Law Commission's review of the Evidence Act 2006, including specific examination of some areas in sexual and family violence. For more information about the review and recommendations see our previous news stories:
Law Commission publishes recommendations on Evidence Act and family and sexual violence
Law Commission seeking submissions on Evidence Act
Background information
Law Commission publishes report on justice response to victims of sexual violence (2015)
From "Real Rape" to Real Justice: Prosecuting Rape in New Zealand (Edited by McDonald and Tinsley, 2011)
Related media
How victim video statements are helping to arrest family violence, Noted, 09.11.2019
Jan Logie: The Government’s secret success story, Newsroom, 26.07.2019
New laws are great, but rape victims deserve more radical change, The Spinoff, 03.07.2019
Overdue changes to ‘harrowing’ court process, Newsroom, 03.07.2019
Changes in the Sexual Violence Justice Response, Press Release: TOAH-NNEST, Scoop, 03.07.2019
Alison Mau: Slut-shaming tackled in first step to reduce the trauma of sex trials, Stuff, 02.07.2019
Government proposes justice system changes to sexual violence cases, Radio NZ, 02.07.2019

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