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UN rapporteur call for inputs
The UN Special Rapporteur on the sale, sexual exploitation and sexual abuse of children has issued a call for inputs on existing and emerging sexually exploitative practices against children in the digital environment.
The closing date to submit is 15 May 2024.
Submissions are limited to 3000 words. Supporting materials, such as reports, academic studies, and other background materials can be added to the submission as an annex.
Submissions can be made by children, schools, communities, hapori, non-government organisations, academics, lawyers, policy experts, human rights institutions, States, UN agencies and other relevant stakeholders.
This is a thematic report that will be submitted to the UN General Assembly. For the report, the UN Rapporteur is focusing on:
- existing and emerging sexually exploitative practices and abuse against children in the digital environment
- the role of Artificial Intelligence in facilitating sexual exploitation and sexual abuse of children
- how states and other child protection stakeholders including the technology industry can respond to this problem.
The call for inputs note that this report will build on the previous Special Rapporteur's 2014 Report of the Special Rapporteur on the sale of children, child prostitution and child pornography (A/HRC/28/56). This report identified emerging issues from technology at that time. The call for inputs notes that a recent review of research and reports:
"...revealed a recent boom and intensification of manifestations of harm and exposure of online child sexual abuse and exploitation, both in terms of scale and method. The technological potential and current application of “generative Artificial Intelligence” to commit acts of abuse and exploitation contributes to this development."
The Rapporteur has outlined 9 questions she is seeking input on:
- "Please provide information on how technologies are used to facilitate the sexual exploitation and abuse of children.
- What practical recommendations would you propose for States, the technology industry and online service providers to prevent the sexual exploitation and abuse of children in the digital environment?
- What are the remaining gaps that limit the effective implementation and application of existing laws, policies and guidelines to prevent, detect, report and protect children from sexual exploitation and sexual abuse online?
- What are the challenges that exist in the use of these digital technologies, products or services, that inhibit the work of law enforcement across jurisdictions in their work to investigate, detect, remove child sexual abuse materials online and prosecute these crimes?
- What technical and regulatory measures can be put in place by States, the technology industry and online service providers (legislative, regulatory, administrative, institutional and others) towards mitigating human rights risks associated of online child sexual exploitation and abuse, and ensuring the minimum harmonization across legal jurisdictions?
- Are there any other practical examples of internal monitoring, complaint and reporting processes; establishment of regulatory bodies and interventions; remedial pathways; robust safeguarding procedures; children’s rights’ due diligence and risk assessments; and technical standard-setting processes to ensure safety and inclusivity by design?
- In the case of generative Artificial Intelligence and end-to-end encryption, what are the challenges and recommended mitigation measures, including the application of advanced technology needed by technology companies, online service providers and law enforcement to prevent by blocking the sharing and removal of CSAM?
- Are there any examples of proactive measures taken to facilitate consultation and participation with a broad range of stakeholders, including children and child-rights organisations, for informing policy and legislation, setting technical standards and implementing processes to eradicate child sexual abuse and exploitation in the digital environment?
- What kind of mechanism could be put in place to best support and coordinate the joint public and private industry participation at the international level on existing and emerging threats that digital technologies pose to children in order to ensure harmonisation and mainstreaming across domestic and regional efforts when combatting this phenomenon?"
Find more details on making a submission on the call for inputs.
Read more about the UN Rapporteur's concerns in her February 2024 media release UN expert alarmed by new emerging exploitative practices of online child sexual abuse.
Related research and information
Aotearoa research and information
The Child Youth and Wellbeing Strategy outlines Work to prevent online child sexual exploitation and abuse in Aotearoa.
The Digital Child Exploitation Team at Te Tari Taiwhenua | Department of Internal Affairs (DIA) is responsible for responding to and preventing the spread of child sexual exploitation material. Learn more from DIA on Preventing Online Child Sexual Exploitation about what child exploitation material is, how Aotearoa responds, legislation and legal processes, prevention and reporting. Also see research from DIA's Digital Child Exploitation Team including the Online Safety Experience Review (2022).
DIA has also published Terminology recommendations for combatting child sexual exploitation (2022) from the Combatting Child Sexual Exploitation Group. DIA has published Support for whānau, families and friends for non-offending partners and family members impacted by a child sexual exploitation investigation.
ECPAT Child Alert Trust (ECPAT NZ) leads and participates in national and international activities that identify, prevent, and address commercial sexual exploitation of children. ECPAT publishes and is working on Aotearoa specific data and research on child sexual exploitation. For example see their publications:
- Update report on commercial exploitation of children - Aotearoa New Zealand: digital exploitation focus July 2022
- Sexual exploitation of boys: a global review of existing literature on the sexual exploitation of boys (2021).
Other Aotearoa research:
- Designing effective digital advertisements to prevent online consumption of child sexual exploitation material (2020) by Claire Henry
- Child exploitation literature scan: extended review (2023) from Oranga Tamariki.
International research
Recent research from Australia has identified recent trends in child sexual exploitation. For example see:
- Production and distribution of child sexual abuse material by parental figures (2021) from the Australian Institute of Criminology
- Crime & justice research 2022: online sexual exploitation of children from the Australian Institute of Criminology
- “You feel like you did something so wrong ”: women's experiences of a loved one's child sexual abuse material offending (2023) by Michael Salter, Delanie Woodlock and Christian Jones
- “Talk to strangers!”: Omegle and the political economy of technology-facilitated child sexual exploitation (2024) by Michael Salter and Saranda Sokolov
- Parental Production of Child Sexual Abuse Material: A Critical Review (2023) by Michael Salter and Tim Wong
- “Someone who has been in my shoes” : the effectiveness of a peer support model for providing support to partners, family and friends of child sexual abuse material offenders (2022) by Christian Jones, Michael Salter and Delanie Woodlock; also see the related Evaluation of PartnerSPEAK (2021), an Australian organisation that supports the non-offending partners, family and friends of child sexual abuse material offenders
- How to implement online warnings to prevent the use of child sexual abuse material (2023) from the Australian Institute of Criminology.
Research from other countries is exploring similar trends. For example:
- Global Threat Assessment 2023: Assessing the scale and scope of child sexual abuse online
- National analysis of police-recorded child sexual abuse & exploitation (CSAE) crimes report: January 2022 to December 2022 drawing on data from England and Wales
- Perceptions of frontline welfare workers on the sexual exploitation of children in the Pacific (2019) published by ECPAT International
Related news
An April 2024 NZ Police media release highlighted increasing reports of sexually explicit content involving children online and in private messages. It notes that "New Zealand agencies who work in this field - including DIA, Customs and Police - received 19,865 referrals in 2023, up from just over 15,000 in 2022." These are referrals from the US National Centre for Missing and Exploited Children (NCMEC) who receives notifications from members of the public and organisations such as social media sites about sexually explicit content involving children, including child sexual abuse images on social media platforms and sent via private messages.
Te Tari Taiwhenua | Department of Internal Affairs (DIA) have published the report, Summary of Submissions: Safer Online Services and Media Platforms (2024). The report summarises the key themes from submissions to the Safer Online Services and Media Platforms consultation. See our previous news story for more information on the consultation.
In May 2024, Media reported that the Department of Internal Affairs will not be progressing with the Safer Online Services and Media Platforms programme.
Related media
Ending Big Tech’s Child Exploitation, Compact, 07.06.2024
Government swerves away from tackling online ‘industrial-grade’ violence, The Post, 12.05.2024
International child protection unit at Oranga Tamariki to be slashed, Newshub, 01.05.2024
Digital safety, anti-money laundering jobs in cut proposal, The Post, 22.04.2024
More frontline cuts as Government goes soft on organised crime, PSA media release, 22.04.2024
Law needs to keep up with AI child abuse: experts, The Press, 18.01.2024
The New Zealand Family Violence Clearinghouse (NZFVC) is your national centre for research and information on violence.
Fill out the NZFVC 2024 survey
Our purpose is to provide access to high quality research and information on violence including family violence, sexual violence and other forms of violence. We aim to provide equitable access to research and information that can inform policy and practice to support our collective efforts to prevent and respond to violence in Aotearoa. This includes drawing on both western and Māori knowledge systems as well as practice informed evidence.
Being able to demonstrate that what we do at the NZFVC is making a difference is really important.
We would like to know what is working well and how we could improve or do things differently. We really appreciate your support in giving us your feedback.
Related news
Te Puna Aonui in partnership with ACC will soon invite people to complete the Agents of Change survey – understanding the Workforce and Primary Prevention Sector. The survey will gather information about who is working in the sector and how the workforce could be strengthened. The survey is designed for Agents of Change in the family violence and sexual violence sectors — this means anyone who works or volunteers in a role where they contribute to the wellbeing of, or prevent harm to, other people. The survey is not live yet. For questions, contact Te Puna Aonui relationships@tepunaaonui.govt.nz.
Report explores the needs of children and young people affected by family violence
The report, Evaluation of Kōkihi ngā Rito – Women’s Refuge’s Child Advocacy Pilot (2023), shares findings from an evaluation of Kōkihi ngā Rito (KNR), a family violence service designed specifically for children ages 5 to 12 years. The report looks at what leads to sustainable and meaningful safety for children affected by family violence. The research centred children and focused on children's own views about their safety, supported by insights from mothers and advocates working with the children.
The evaluation found that despite significant risks and impacts from violence, children who received the specialised support were safer with 85% of the children reporting they felt safer from harm and 85% reporting they felt their wellbeing improved. The authors note:
"KNR tamariki were almost always put at risk by biological fathers who utilised statutory mechanisms to retain access to them, and who as a result had continuous opportunities to use violence against them and their Mums. Yet as a result of their engagement with KNR, they were kept safe from homicide, and, in the main, from further direct assaults. In addition, their feedback showed that KNR meant they suffered fewer losses, less psychological abuse, and less harm than they would have without KNR."
The report includes more information about risks and safety outcomes for the children. This includes risk data and comments from the children in KNR.
The research also took an in-depth look at what supported safety. The report highlights some essential elements of child advocacy. This includes centring the child by 1) considering the way family violence risk specifically impacts children, 2) continually assessing this risk and responding to how the risk changes, and 3) working to disrupt the impacts of family violence to reverse adverse outcomes and improve tangible safety. The report notes that "Tamariki were made safer through advocacy that was specific to them as tamariki, focused solely on family violence, and supported their Mums and whānau as a crucial component of supporting them."
Key elements of the advocacy work involved:
- professional support specifically for the child
- whanaungatanga and relationship building which enabled children to disclose risks that may have been unknown to their mothers or services
- child led, including safety plans that were tailored to the children
- flexible, reliable and open-ended (as long as children want and need) support that meant children were better heard and understood by other parts of the systems they were involved with
- both children and mothers could access a wider range of support and resources when they most needed them
- the relationship between children and their mothers mutually benefitted from the mutual recovery and capacity-generating work of the advocates.
Children and their mothers identified a key difference was that the programme offered specialist support that was both for children and about safety from family violence. The report highlights that children did their own safety work, and also "...perceived their relationships with Mums to be a fundamental facilitator of their past, present, and future safety." In particular, the research identified that the interdependence of the child and mother's relationship was "...one of the primary imperatives of effective advocacy for tamariki - supporting and unburdening Mums so they have as much capacity as possible to support their kids."
The research also identified that perpetrators had the most control over risks to the children and "There was seldom evidence of institutional accountability for fathers' violence". Further, children's safety was heavily impacted by the responsiveness of organisations, institutions and systems.
The research also identified that systemic barriers undermined safety:
"Children’s (and Mums’) reflections on how risk and advocacy evolved in tandem demonstrate how long-term engagement nurtured, fortified, and sustained structures of safety around each tamaiti, the benefits of which outlasted the pilot itself. However, the data from kids, Mums, and KT also reveal the limitations of how effective KNR can be while the safety of tamariki is actively undermined by more powerful systems."
The report identified 5 systems barriers that further entrench risks to children:
- "The physical and relational environment in which children are expected to give input into decisions that affect them in criminal court, family court, and child protection services;
- Family court and/or child protection systems failing to listen to, understand, and give effect to how children experience family violence risk and safety;
- Inadequate consideration and use of family violence information in care of children proceedings, so that perpetrators’ patterns of harm and Mums’ protective parenting are neither recognised nor inform decision-making;
- Lack of family violence-informed responses by some police, social workers, lawyers for children, lawyers working with Mums, and family court Judges, reinforcing risks to children; and
- Undermining and underutilisation of family violence specialists working with children, precluding a whole-of-system safety-enhancing response to them and their whānau."
The report includes recommendations for specialist family violence providers, policy makers and funders, the wider social and justice systems, and researchers.
The authors also highlight that:
"Aotearoa has yet to establish and apply a benchmark for best practice with tamariki impacted by family violence, and so the ‘child protection’ field of practice remains artificially separated from the ‘family violence’ field of practice. Accordingly, the designation of safety-related decision-making for children solely to the court and the child protection system perpetuates widespread misperceptions about children’s experiences of family violence, and their subsequent needs."
The report concludes with 10 principles for practice for an enhanced framework of understanding safe and effective family violence response for children:
"1. Tamariki are taonga and deserve purposeful, effective advocacy as clients in their own right.
2. Unequal and oppressive systems (especially colonisation, racism, and gender inequality) lay the foundations for family violence, but using violence is still a choice. Perpetrators make the choice to use the power they have over wāhine and tamariki to undermine their safety, autonomy, dignity, and resources.
3. The use of family violence tactics against or around children (or against their Mums or whānau) is a form of child abuse that may severely impact their current and future safety, wellbeing, and life prospects.
4. For every act of violence by a perpetrator, there is also an act of resistance by the safe parent. This may seem like complicity or aggression on the surface, but serves to set boundaries around, cope with, limit, or reduce the severity and impacts of abuse for victims and their children.
5. Mums do everything they are free and able to do to keep their tamariki safe and well, and do not have the power to make perpetrators stop using violence. Whānau are instrumental in helping victims to be safe and helping perpetrators to be accountable.
6. Family violence is often ongoing at the time that we are working with tamariki and their Mums, and our actions can either put them at greater risk or make them safer.
7. The extent to which tamariki are impacted by family violence depends in large part on how we learn about, listen to, and act on risks they and their Mums are facing to create safety from these.
8. Tamariki and wāhine victims are the experts in both their experiences of family violence and in coping with the impacts of family violence. They often know what they need to be able to cope, but do not have access to what they need.
9. Tamariki are safest when they, their Mums, and protective whānau are supported in culturally responsive ways, have their needs met, and know that helping systems will take responsibility for managing perpetrators’ violent behaviour.
10. How attuned we are to tamariki and how well we match our advocacy to what is important to them influences how heavy their (and their Mums’) mental burdens are and what opportunities they (and their Mums) have to restore their wairua, capacity, wellbeing and happiness."
In addition to the full report, a brief Executive Summary is available. Also see a summary of the report in The Post article ‘If we are not going to advocate for tamariki, who will?’
Women's Refuge has also published a 2-page summary of the research for Lawyers for Children.
Update: Women's Refuge published a a 4-page summary of the research for family justice and child protection professionals.
More information
The Kōkihi ngā Rito pilot was developed based on Women's Refuge previous research, Kids in the Middle (2021). This research asked children directly what a good family violence service would look like for them. Based on this research, Women's Refuge created a Tamariki refuge workbook (2022) for children and a book for adults who want to know more about children and their experiences, Hear it from me and other tamariki (2022). The Ministry of Social Development (MSD) November 2023 Family Violence and Sexual Violence email update noted that "MSD is investing $5.9 million over four years to 2027 to expand the child advocacy pilot in eight Women’s Refuges." This funding for child advocates was allocated in Budget 2023.
Related resources
For related Aotearoa reports, see the Child Wellbeing Unit's Index of child and youth engagement reports related to Family violence/sexual violence.
The report from Melbourne City Mission, Amplify: Turning up the Volume on Young People and Family Violence (2021), explored the family violence experiences and needs of young people ages 15 to 19.
The Family Violence Death Review Committee has previously published a position brief on Six reasons why we cannot be effective with either intimate partner violence or child abuse and neglect unless we address both together (2017).
Related news
The Citizens Advice Bureau (CAB) launched a new Youth Tool Kete website which contains information about legal rights and responsibilities and how to get help from a real person at CAB. It covers key issues that young people ask about including things like flatting, problems at work and wellbeing. Under wellbeing there is information about relationship issues, domestic violence and more. CAB also launched the report Youth Engagement with Citizens Advice Bureau: A CAB Spotlight Report on the issues facing young people in Aotearoa (2024). The report looks at the most common issues for people under age 25 who seek help from CAB. The report includes information about young people's questions about relationships including care of children, Family Court, separation, parenting and more.
Mana Mokopuna – Children and Young People’s Commission published a new report “Without racism Aotearoa would be better”: Mokopuna share their experiences of racism and solutions to end it (2024). The report shares insights from conversations with 161 young people about their experiences of racism, how it is a barrier to living their best lives and their ideas for solutions. To learn more listen to interviews with Chief Children’s Commissioner Dr Claire Achmad on Waatea News and 531pi.
Related media
Rangatahi identify racism as handicap, Waatea News, 22.03.2024
Solving racism: Mokopuna want te reo Māori compulsory in schools, Te Ao Māori News, 21.03.2024
Young people encounter racism most often at school, report reveals, Stuff, 21.03.2024
Dr Claire Achmad | Aotearoa Chief Children’s Commissioner, Waatea News, 21.03.2024
Rangatahi Māori face higher levels of structural disadvantage study shows, RNZ, 24.11.2023
Sexual violence in tertiary education
Increasingly media have highlighted issues experienced by victim/survivors of sexual violence in tertiary education settings. For example, a recent Stuff article highlighted that Police data shows increasing reports of sexual assaults at schools and tertiary institutes. Victim/survivors, advocates and academics have long been calling for better, safer responses to sexual violence. Advocates and institutions have been developing and implementing policies and practices to address sexual violence in these settings. We highlight some of the key research and resources from Aotearoa, Australia and Canada.
Sexual assault experiences among tertiary students
Researchers at the University of Otago surveyed more than 1500 students about their experiences of harassment, threats and sexual assault in 2019 while at university. They found that 28% of people who completed the survey reported they had experienced at least one form of sexual assault with 14.9% reporting experiences that meet a definition of rape. Only 8% of people who reported sexual assault in the survey disclosed the assault to a health professional.
Detailed findings from the research are available in the article Sexual assault experiences of university students and disclosure to health professionals and others (2020). Other key findings include:
- Almost 1/3 of cisgender (a person whose gender aligns with their sex assigned at birth) females reported experiencing at least one form of sexual assault.
- Queer cisgender females were more likely to report having experienced sexual assault compared to straight cisgendered females.
- Queer cisgender males (over 1 in 5) were twice as likely to report having experienced sexual assault compared to straight cisgender males (around 1 in 10).
- Queer respondents were more likely to report having experienced attempted rape or rape compared to straight respondents.
- Cisgender males were less likely to report having experienced rape compared to cisgender females and less likely to have experienced coercion than cisgender females and gender diverse people.
- Reported sexual assault varied by ethnicity: 31% Māori, 31% New Zealand European/Pākehā, 28% Pacific, 19% Asian and 14% for other non-White/non-Polynesian ethnicities.
- Of people who reported experiencing sexual assault, 88.6% indicated that the perpetrator was male.
Also see related findings in the report Campus climate for students with diverse sexual orientations and/or gender identities at the University of Otago, Aotearoa New Zealand (2016).
The Australia-based Social Research Centre published findings from a survey of more than 43,000 students about lifetime experiences. They found that 30.6% of university students reported having experienced sexual assault at least once in their lifetime. Female students (41.8%), transgender students (42.9%) and students who were non-binary or identified as another gender (56.1%) were more likely to have reported experiencing sexual assault in their lifetime than male students (14.1%). Learn more in the report National Student Safety Survey: report on the prevalence of sexual harassment and sexual assault among university students in 2021.
In 2016, Thursdays in Black surveyed people about their experiences of sexual violence while enrolled in tertiary education in Aotearoa. The report, "In our own words": student experiences of sexual violence prior to and during tertiary education (2017), summarises findings of people's experiences with sexual violence, reporting the violence, seeking help and institutional responses.
Aotearoa institutional responses
The article, What are we learning from Te Kawa o te Ako about eliminating violence? (2022), looks at what could be learned from 20 years of Te Kawa o te Ako, Te Wānanga o Raukawa’s kaupapa solution to support and maintain a culture for learning and teaching including safety. The article documents the challenges and changes over time and highlights how initiatives can create and foster collective responsibility for responding and holding people accountable when violence has occurred.
Te Wānanga o Raukawa also launched He Ara Mataora in 2018. He Ara Mataora project was started to support communities based on the Wānanga experience with Te Kawa o te Ako. Te Wānanga o Raukawa recognised the lack of options for people wanting to end violence without using the State’s criminal system, saying the negative impact of the State's criminal system “...makes our communities less safe, and makes it harder for people to get the support they need. … We need ways to respond to violence that strengthen our communities.” He Ara Mataora is a website with information and tools to help people who want to stop violence without using state services such as police and courts, social workers or agencies.
Academics in Aotearoa and Australia recently looked at practices within 4 universities including University of Otago, Monash University, University of Newcastle and University of Technology Sydney. In their article, A comparative account of institutional approaches to addressing campus-based sexual violence in Australia and Aotearoa New Zealand (2023), they write:
"Our key message is the importance of a whole-of-university approach. We have found that whole-of-university approaches are becoming more common, with social-ecological models guiding complex bundles of interventions that target the social, structural, and systemic determinants of campus-based sexual violence. Such an approach requires strong leadership and collaboration within, across, and beyond universities, informed by evidence of good practices and predicated on a commitment to rigorous evaluation."
To learn more about the practices at the University of Otago, see the article A whole campus approach to sexual violence: the University of Otago Model (2019).
Most wānanga, universities, institutes of technology and polytechnics in Aotearoa have policies that address sexual harassment which may also include sexual violence. These are sometimes within broader harassment and bullying policies, and misconduct policies. Practices and policies in this area continue to change and improve.
International institutional responses
In 2018, the Government of Canada allocated $5.5 million to develop a National Gender-Based Violence Campus Draft Framework. Possibility Seeds, a Canadian social change organisation worked with survivors, student researchers, frontline workers and policy experts on the report Courage to Act: Developing a National draft Framework to Address and Prevent Gender-Based Violence at Post-Secondary Institutions in Canada (2019). Possibility Seeds now leads Courage to Act, a federally funded, multi-year national collaborative project to address and prevent gender-based violence at post-secondary institutions in Canada. The Courage to Act website offers a knowledge hub, free webinars and evidence based tools. However, a recent Conversation article highlighted that Provincial policies on campus sexual violence are inconsistent across Canada.
In Australia, a national Action Plan Addressing Gender-based Violence in Higher Education was launched in February 2024. The Plan outlines 7 actions:
- "establish a National Student Ombudsman
- higher education providers will embed a whole‑of‑organisation approach to prevent and respond to gender-based violence
- introduce a National Higher Education Code to Prevent and Respond to Gender-based Violence
- enhance the oversight and accountability of student accommodation providers
- identify opportunities to ensure legislation, regulation and policies can prioritise victim-survivor safety
- increase data transparency and scrutiny
- regular review of progress against the Action Plan."
Learn more about the history before the Australian national Action Plan was launched, and the work ahead, in The Conversation article 'Change the Course’ set out to end sexual violence and harassment on campus. 5 years on, unis still have work to do.
Our Watch, a national organisation focused on primary prevention of violence against women and children in Australia, has developed a website with resources and information for TAFEs (Technical and Further Education) and universities in Australia.
To learn more
To further explore work in this area see the following Aotearoa research articles:
- Pro-social bystander sexual violence prevention workshops for first year university students : perspectives of students and staff of residential colleges (2021)
- A qualitative exploration of barriers to university students’ willingness to attend sexual violence prevention workshops (2021)
- A mixed-methods pilot study of the EAAA rape resistance programme for female undergraduate students in Aotearoa/ New Zealand (2019).
Media has continued to highlight calls from students and advocates for consent education in schools and tertiary settings. Associate Professor Melanie Beres has previously written about the need to move beyond consent education, saying that:
"If we want to reduce Aotearoa’s sexual violence rates, we need to shift our focus from solely teaching young people about consent and instead work to dismantle harmful gender norms that have trapped our youth for generations."
To further explore consent in relation to sexual violence prevention see the following:
- The failed promise of consent in women's experiences of coercive and unwanted anal sex with men (2024)
- Is consent enough? What the research on normative heterosexuality and sexual violence tells us (2022)
- He Said, She Said, They Said: The Place of Gender in Sexual Violence Theory and Prevention (2021)
- The Complexities of Sexual Consent Among College Students: A Conceptual and Empirical Review (2016)
- "Spontaneous" Sexual Consent: An Analysis of Sexual Consent Literature (2007).
You can also explore our database under the search tertiary education, tertiary students or whare wānanga.
Related media
Sexting: Experts on whether abstinence-only text sex education is enough, NZ Herald, 23.03.2024
Massive under-reporting of sexual harassment and misconduct uncovered at UC, Canta, 20.10.2023
Almost 150 reports of relationships between teachers and students, RNZ, 17.10.2023
Sexual assault claims average one each month at Victoria University halls, Stuff, 28.11.2022
Grappling with university relationships, Otago Daily Times, 19.09.2022
Wronged academic gets public apology as high-profile #MeToo case comes to an end, Stuff, 25.08.2022
Top academics call out sexual harassment, Newsroom, 24.07.2022
Reports of sexual assault in schools, universities up 70% since 2015, Stuff, 21.06.2022
Survivors hopeful about uni’s change, Otago Daily Times, 13.05.2022
The hidden barrier holding metoo back - and the women who are challenging it, Stuff, 12.05.2022
Broadcasting student accused of assault allowed back into course, Star News, 07.04.2022
I was the first to know my professor was a sexual predator, Stuff, 31.03.2022
University of Auckland reviews sexual misconduct complaints after two similar cases, RNZ, 26.03.2022
Calls for reform after alleged sexual assault case at Auckland Uni, Stuff, 24.03.2022
Alleged sexual assault case: Auckland University admits disciplinary process flawed, RNZ, 22.03.2024
Third of sexual assaults on university students go unreported - study, RNZ, 09.10.2020
A third of NZ university students are sexually assaulted, a study suggests, Stuff, 06.06.2019
Changes related to courts
Recent changes affect victim/survivors and offenders in Courts. This includes expanding the eligibility for Family Violence Adult Safety Programmes in the Family Court and changes to legal aid funding for section 27 reports, known as cultural reports.
Expanded eligibility for Family Violence Adult Safety programmes
People who apply for protection orders without notice and are then directed to proceed on notice by the judge will be offered a safety programme before the protection order application is considered. This change came into effect from January 2024. The Ministry of Justice (MOJ) update for lawyers providing Legal Aid related to the expansion of the programmes also notes that "Children will be able to access safety programmes when requested by the service provider, as they are best placed to assess the risk to the applicant and their children."
Find further details in the MOJ update for family violence safety and non-violence providers for January 2024.
For information for people experiencing family violence, see the Ministry of Justice information on Safety and wellbeing for you and your children.
This change is part of the Budget 2023 initiative to ‘Improve access to family violence programmes in court and the community.’ For more information on this initiative, see page 14 of Te Puna Aonui's Budget 2023 briefing.
Changes to legal aid funding for section 27 reports
Legal aid funding is no longer available to support section 27 reports (related to section 27 of the Sentencing Act 2002), also known as cultural reports. The Legal Services Amendment Bill received Royal Assent on 7 March 2024 and came into effect 14 days later. Justice Minister Paul Goldsmith said "Once the Bill is enacted, Section 27 reports will be excluded from legal aid funding and return to their original purpose."
The MOJ update for lawyers providing legal aid related to the changes notes that legal aid funding is prevented from written reports or in-person appearances. The NZ Bar Association notes that under section 27, offenders may still be able to call on a person to speak to the Court about their background as originally intended by the Sentencing Act.
In an article for the Spinoff on What are cultural sentencing reports and why does National want to scrap them?, authors Tara Oakley and Rebecca Cupples note that:
"Section 27 reports look for reasons, not excuses, for an offender’s behaviour. They consider how someone’s background might have contributed to their offending, if any actions have been taken to resolve the offending, and what support mechanisms might prevent further offending.
The backgrounds of offenders commonly include things like substance abuse disorders, mood disorders, personality disorders, neurodivergence, learning difficulties, illiteracy, brain injuries, poverty, and trauma – including extraordinary rates of historic family, sexual, and violent victimisation. State care is another commonality." (emphasis added)
In a Newsroom article about concerns for losing funding for section 27 reports, AUT School of Law Dean Khylee Quince said:
“I’ve done a few hundred reports, and I don’t think I’ve ever done one for a person who is not also a victim of significant offending.
“You might judge them as being bad people, but they often have really big backgrounds of really terrible abuse. Quite often I’ll be the only person they’ve ever spoken to about that abuse.”
Advocates, academics and lawyers have raised concerns about the loss of legal aid funding for section 27 reports. See related media below for more information.
Related media
He Whare Wāhine through Te Rau Ora are inviting kaimahi Māori to share feedback through a national workforce development survey. The survey is designed for Kaimahi Māori working with whānau living with violence or working in the family violence and sexual violence sectors.
The survey is available online.
Te Rau Ora was commissioned by Te Pūkotahitanga, the Tangata Whenua Ministerial Advisory Group, to gather insights from kaimahi Māori about workforce development. Te Rau Ora is researching ways to understand and strengthen the family violence and sexual violence workforce in Aotearoa.
Te Rau Ora is seeking insights into experiences, challenges, and aspirations for kaimahi Māori who work in family violence and sexual violence. The research will contribute to improving support structures and fostering of a more resilient and empowered workforce.
The survey should take about 20 minutes. It asks questions about your work environment, training experience, cultural considerations, future goals and questions about you.
Te Rau Ora will also be running consultation hui. Dates are not yet confirmed for the hui.
You can fill in the confidential survey online.
The Te Rau Ora project team includes Rolinda Karapu, Kirimatao Paipa and Taina Awa. For questions contact taina.awa@terauora.com.
For more information see the project flyer.
Update: The April 2024 Te Puna Aonui Pānui has more information about the survey and work on this project.
Update: For more information see the NZ Herald article Survey to gauge links between Māori kaimahi and their kaupapa Māori services.
ACC calls for proposals for community-led primary prevention 'anchor partners'
The RFP 29076777 from ACC is calling for proposals for community-led primary prevention 'anchor partners.'
The closing date so submit a response to the request for proposals is 6 May 2024.
ACC held a general provider briefing about the RFP on 25 March 2024. An iwi Māori provider briefing will be held on 28 March 2024. For details and to register for the briefing email strategicinvestments@acc.co.nz with “Community-led Primary Prevention Partners Briefing” as the subject line of your email.
According to the RFP on the Government Electronic Tenders Service (GETS):
"The Community-led Primary Prevention Partner Initiative aims to address the underlying causes or drivers of violence (e.g. social norms, practices and structures that influence attitudes and behaviours) across 13 rohe (regions) in Aotearoa New Zealand by establishing community-led primary prevention partners (“Lead Providers” or “Anchor Partners”). In Phase 1, seven rohe will be targeted to build the infrastructure for a primary prevention system. Funding for the phase initially spans 36 months starting August 2024, during which Lead Providers will establish a prevention infrastructure and build relationships with community partners to implement a systems approach to primary prevention."
The RFP also notes that proposals are invited from organisations that have experience setting up and implementing community-led primary prevention networks and workforces. It also notes that successful respondents will establish specialised local prevention workforces and collaborate with communities and existing initiatives to lead a systems approach to primary prevention.
This RFP is for phase 1 and covers the following regions:
- Te Tai Tokerau
- Mataatua
- Te Arawa
- Te Tairāwhiti
- Te Tau Ihu
- Waitaha Tai o Poutini
- Murihiku.
Proposals for the rest of Aotearoa will be invited in the second phase.
For questions about the RFP email Procurement@acc.co.nz.
The March 2024 family violence and sexual violence provider update from the Ministry of Social Development contains information about this RFP alongside other government tenders related to behaviour change support for men using family violence and helpline services for family violence, sexual violence and abuse of older people.
Update: The April 2024 Te Puna Aonui Pānui includes information about the ACC tender.
Related news: ACC and Le Va collaboration
ACC has selected Le Va "...as the lead partner for 16 anchor partners across Aotearoa" according to the Le Va February news release. It also noted "Le Va’s senior manager – violence prevention, Paul Tupou-Vea, said the Atu-Mai team is motivated to provide violence prevention support not only for communities and families across Tāmaki Makaurau, but also for anchor partners around the country."
Le Va is also working on a project with ACC based on developing child sexual abuse prevention tools. Also see the Le Va media release Partnering to prevent family violence and sexual harm in Pasifika communities.
Related news: Court of Appeal decision supports childhood sexual abuse victims
In December 2023, the Court of Appeal upheld a decision by the High Court that affects victim/survivors of childhood sexual abuse. The Accident Compensation Act 2001 provides compensation for loss of potential earnings (LOPE) if a person is unable to work due to a personal injury sustained before the age of 18, including mental injury such as trauma from childhood sexual abuse. Under this legislation, ACC deemed the date a person suffers mental injury to be the date on which the person first received treatment for that mental injury. This meant that people who did not seek assistance for experiences of childhood sexual abuse until after the age of 18, were not able to access LOPE.
In 2022, the High Court concluded in the case of a victim/survivor who had experienced childhood sexual abuse but not sought assistance until after the age of 18, that the date of injury being referred to in the definition of potential earner is the actual date of injury (see the High Court decision TN v Accident Compensation Corporation [2022] NZHC 1280). ACC appealed this decision. In December 2023, the Court of Appeal agreed with the High Court Judge's conclusion (see the Court of Appeal decision Accident Compensation Corporation v TN [2023] NZCA 664).
Media outlet Stuff reported that ACC welcomed the clarity given by the court’s decision and is working to gain a thorough understanding of the decision and the impact to correctly implement the decision. For more information listen to the interview with one of the claimant lawyers, Bea Woodhouse featured in the Stuff Newsable podcast also featured in the Stuff article.
Consultation on proposed legislation
The Justice Committee is a Parliamentary select committee. Select committees are small groups of MPs that look at Parliamentary business in detail. There are currently 11 members on the Justice Committee.
The Justice Committee is currently inviting submissions on 5 different bills:
- Corrections Amendment Bill (consultation on the amendment paper only)
- Gangs Legislation Amendment Bill
- Courts (Remote Participation) Amendment Bill
- Firearms Prohibition Orders Legislation Amendment Bill
- Parole (Mandatory Completion of Rehabilitative Programmes) Amendment Bill
The closing dates are in March and April.
You can contact the Justice Committee by emailing ju@parliament.govt.nz.
Corrections Amendment Bill amendment paper
The Justice Committee is calling for submissions on Amendment Paper 17 related to the Corrections Amendment Bill.
The closing date for submissions is 19 March 2024.
The Corrections Amendment Bill was introduced in June 2023. The Justice Committee asked for submissions on the bill in July and August 2023. Some of the proposed changes relate to making programmes and services available to people on remand. For an overview of the bill's proposed changes related to family violence and sexual violence see our previous news story on the original call for submissions.
The Justice Committee is now asking for feedback on an Amendment Paper related to the Corrections Amendment Bill.
The explanatory note for the Amendment Paper 17 states that
"The Amendment Paper provides for a new framework to enable rehabilitative programmes to also be delivered to prisoners in custody awaiting sentence. Further, it enables the provision of non-offence-based programmes to all prisoners and persons being managed by the Department of Corrections in the community." (emphasis added)
Corrections Minister Mark Mitchell said:
"This will strengthen the requirement for Corrections to provide all remand convicted prisoners with offence-based rehabilitation, including rehabilitation programmes targeted towards violent and sexual offenders. Nearly 1,400 prisoners could benefit at any one time." (emphasis added)
The Beehive media release notes:
- "Remand accused prisoners are in prison awaiting trial and have not yet been convicted. They must be treated as innocent until proven guilty.
- Remand convicted prisoners have been convicted and are in prison awaiting sentencing."
Note that Amendment papers were previously called Supplementary Order Papers.
Update: This consultation and the Corrections Amendment Bill are different than the Corrections (Victim Protection) Amendment Bill. The Corrections (Victim Protection) Amendment Bill is a Member's Bill that was introduced on 1 February 2024. This bill would create an obligation on the Chief Executive and on prison managers to protect those who are subject to a protection order and victims of crime from contact from prisoners. Consultation is open on the Corrections (Victim Protection) Amendment Bill. Submissions close on 6 May 2024.
Gangs Legislation Amendment Bill
The Justice Committee is calling for submissions on the Gangs Legislation Amendment Bill.
The closing date for submissions is 5 April 2024.
The Gangs Legislation Amendment Bill is an omnibus bill that would "...implement a single broad policy to improve public confidence in law and order through creating new offences and Police powers targeting gangs."
The legislation proposes to:
- create a new criminal offence to prohibit the display of gang insignia in public places
- create a new power to stop gang members gathering in public, which would require specified people to leave an area and not associate in public for 7 days
- create a new non-consorting order to stop specified gang offenders from consorting, which would require specified people not to associate or communicate with each other for 3 years
- make gang membership an aggravating factor at sentencing.
The Attorney-General has submitted a report under the New Zealand Bill of Rights Act 1990 on the Gangs Legislation Amendment Bill. The submission webpage for the bill notes that the Attorney-General's report raises concerns that aspects of the bill are inconsistent with the New Zealand Bill of Rights Act 1990, including the prohibition on the display of gang insignia in public places and the proposed power to issue dispersal notices.
Related research
Toward an understanding of Aotearoa New Zealand’s adult gang environment: A report from the Prime Minister’s Chief Science Advisor, Kaitohutohu Mātanga Pūtaiao Matua ki te Pirimia (2023) explores the evidence of the harms done by, to, and within gang communities. The authors of the report are Emma Brown, Juliet Gerrard, Ian Lambie and Tracey McIntosh. Find media articles including interviews with the authors from the Office of the Prime Minister's Chief Science Advisor website.
Courts (Remote Participation) Amendment Bill
The Justice Committee is calling for submissions on the Courts (Remote Participation) Amendment Bill.
The closing date for submissions is 5 April 2024.
The purpose of the Courts (Remote Participation) Amendment Bill is to increase remote participation in court proceedings.
The bill's explanatory note outlines the 3 changes the bill would make:
- "creating a presumption that victims can remotely observe criminal trials and sentencing where appropriate"
- "allowing use of audio links for remote court proceedings"
- "clarifying the interrelationship between virtual participation and open justice."
Update: The Courts (Remote Participation) Amendment Bill received Royal Assent on 2 September 2024.
Firearms Prohibition Orders Legislation Amendment Bill
The Justice Committee is calling for submissions on the Firearms Prohibition Orders Legislation Amendment Bill.
The closing date for submissions is 5 April 2024.
Firearms prohibition orders (FPO) are intended to prevent people from having access to firearms if they have been sentenced and convicted of a serious crime, including murder, serious assault, sexual violence, and some family violence offences. Firearms prohibition orders were established through the Firearms Prohibition Legislation Act which came into force in November 2022.
The Firearms Prohibition Orders Legislation Amendment Bill is an omnibus bill that would make changes to firearms prohibition orders by amending several acts.
The explanatory note for the bill outlines 3 proposed changes:
- extending the group of people that FPOs can be made against to include "...a person aged 18 years or over who is a member or an associate of a gang or an organised criminal group who has been convicted of an offence under the Arms Act 1983, Crimes Act 1961, Misuse of Drugs Act 1975, or Psychoactive Substances Act 2013 that is punishable by a term of imprisonment of 1 year or more."
- establishing a new review process to allow a person to apply to have their FPO varied, modified, or revoked
- amending "...the Search and Surveillance Act 2012 to introduce a new “without cause” search power that enables the New Zealand Police (the Police) to conduct searches in respect of a person who the Police suspects, on reasonable grounds, is subject to an FPO."
For more information on FPOs see the update on our previous news story on the initial legislation to establish FPOs.
Update: The Firearms Prohibition Orders Legislation Amendment Bill received Royal Assent in September 2024.
Parole (Mandatory Completion of Rehabilitative Programmes) Amendment Bill
The Justice Committee is calling for submissions on the Parole (Mandatory Completion of Rehabilitative Programmes) Amendment Bill.
The closing date for submissions is 16 April 2024.
The Parole (Mandatory Completion of Rehabilitative Programmes) Amendment Bill is a Member's bill from MP Todd Stephenson. This bill would require people in a corrections facility to complete skills and rehabilitation programmes before they can be considered eligible for parole.
Related media
Government to overhaul firearms laws, Beehive media release. 14.06.2024
Treaty provisions set to be scrapped from Corrections Amendment Bill, One News, 06.06.2024
Government commences Firearms Registry review, Beehive media release, 01.06.2024
Have gang numbers really ‘skyrocketed’ in recent years?, The Spinoff, 23.04.2024
Firearms Minister accused of misleading public on gun stats, RNZ, 08.04.2024
We’ve lost sight of what remand is for, Newsroom, 19.03.2024
'No new guns': Luxon's promise ahead of gun law reform, RNZ, 16.03.2024
‘It’s alarming’: Imam to tell PM of fears about firearms law changes, Newsroom, 11.03.2024
Gang patch ban pushing ahead against advice of officials and experts warn it could backfire, RNZ, 07.03.2024 (also see the RNZ Morning Report Justice officials warn of harm over gang crackdown)
Ignoring causes of gang criminality shows lack of interest in real solutions, The Press, 07.03.2024
Govt pushes to improve access to rehab for remand prisoners, RNZ, 03.03.2024
Firearms Prohibition Orders changes just 'window dressing' - Labour, RNZ, 01.03.2024
Minister wants guns and gangs kept well apart, Te Ao Māori News, 01.03.2024
Government confirms plans to expand Firearms Prohibition Orders, RNZ, 01.03.2024
Government to expand firearm prohibition order powers, The Post, 01.03.2024
Change is coming for NZ's gun laws: What you need to know, One News, 29.02.2024
PM won't rule out changes to semi-automatic gun laws, RNZ, 29.02.2024
Semi-automatics on the table in gun laws shake-up, RNZ, 28.02.2024 (also see the RNZ Morning Report Semi-automatics could return in gun law overhaul)
Government to reopen debate over semi-automatic gun ban, Waikato Times, 27.02.2024
Top cop casts doubt on government’s gang plan, The Spinoff, 26.02.2024
Submissions open for COVID-19 inquiry
The Royal Commission of Inquiry into COVID-19 Lessons Learned | Te Tira Ārai Urutā is calling for submissions.
Submissions are due by 24 March 2024.
The Commission is asking for feedback on 2 different consultations. They are asking for feedback on experiences of the COVID-19 pandemic. There are 2 questions for this consultation:
- Question 1: Looking back – what would you like the Inquiry to know about your experiences of the pandemic?
- Question 2: Moving forward – what lessons should we learn from your experiences so we can be as prepared as possible for a future pandemic?
When answering these questions, you can tell the Commission anything you think would be useful.
The Commission is also asking for feedback on expanding the terms of reference for the COVID-19 Inquiry. The Government has proposed a range of topics to expand the terms of reference. This consultation asks one question for feedback on these proposed topics. The online consultation includes a brief summary of the inquiry's current scope and terms of reference.
The information from the Commission is available in different language and different forms. This includes NZSL, easy read, information for children and young people, and other formats.
For questions contact InquiryintoCOVID-19lessons@dia.govt.nz. Find more information on the Royal Commission website. You can also sign up for the Commission's email newsletter for regular updates.
See our submission to the COVID-19 inquiry.
Research related to COVID and gender-based violence
Aotearoa New Zealand research and reports have looked at family violence in the context of the COVID-19 pandemic including:
- Shining light on the shadow: the impact of the COVID-19 pandemic on abuser behaviour (2022) by the Backbone Collective
- Submission of the New Zealand Human Rights Commission for the Special Rapporteur on violence against women, its causes and consequences: the impact of COVID-19 and the increase of domestic violence against women (2020)
- Challenges in responding to family violence during a Pandemic like COVID-19 (2020) by Shakti
- Impact of COVID-19 on the health response to family violence in Aotearoa New Zealand: a qualitative study (2023) by Jane Koziol-McLain, Christine Cowley, Shabo Nayar and Diane Koti.
Also see our webinar COVID-19 and family and whānau violence: What have we learnt and where to from here? (2020) and the White Ribbon NZ webinar The impact of the COVID-19 lockdown on domestic violence in New Zealand (2020).
Māori led research has documented the successful and powerful ways in which tangata whenua organised and responded to the pandemic. For example, see
- Mahi aroha: Māori work in times of trouble and disaster as an expression of a love for the people (2020) by Fiona Cram
- Indigenous Māori responses to COVID‐19: He waka eke noa? (2022) by Waikaremoana Waitoki and Andre McLachlan
- Mahi Aroha - Aroha ki te tangata, he tāngata (2020) by Fiona Cram
- Awhi mai, awhi atu: Giving and receiving support during the 2020 COVID-19 lockdown (2021) by Dr Fiona Cram, Sebastian Cram, Morehu Munro and Sarah Tawhai
- Research into the COVID-19 response plan for Te Pūtahitanga o te Waipounamu (2020) by Catherine Savage, Kahu McClintock, and Amohia Boulton
- Herenga Waka COVID-19 Response and Local Case Study For the Period March 2020 to June 2021 (2022) by the Whānau Ora Commissioning Agency.
There has been extensive research internationally on gender-based violence in the context of the pandemic, including intimate partner violence, child abuse and sexual violence. See our library quick topic search on COVID-19. Also see our related news stories below including Updates on research and information on COVID-19 and violence (2022) which highlights world-first research from Australia on what is needed to support family violence workers during times of crisis.
This information builds on decades of international and Aotearoa New Zealand research on gender-based violence in the context of emergencies and disasters. We have previously provided an overview of this research on our website at the start of the pandemic. See our FAQ on Understanding the impacts of COVID-19 and Addressing the impacts of COVID-19.
Related media
Taranaki businessman who raped his wife amid Covid opposition sent to jail, NZ Herald, 24.01.2024
Covid 'crazy' behaviour led to alleged sex attacks, Star News, 11.10.2023
Highlighting narratives of an epidemic through the pandemic, Massey News 18.04.2023
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