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New report compiles decades of contemporary mātauranga on violence
Violence within whānau and mahi tūkino – A litany of sound revisited (2023) is a comprehensive literature review by Professor Denise Wilson (Tainui, Ngāti Porou ki Harataunga, Whakatōhea, Ngāti Oneone, Ngāti Tūwharetoa).
It gathers decades of contemporary mātauranga from Māori researchers into one place. It is designed as a reference resource for rōpū, kaimahi Māori, Māori communities and whānau, and as a roadmap for systemic change towards toiora. While the book is comprehensive, Professor Wilson says it "doesn’t have to be read from cover to cover", but is instead designed to be “a ‘pick up and put down’ pukapuka”.
We will be hosting a webinar to share the findings from the review and continue the kōrero and whakaaro from the report on 22 May 2024 with author Denise Wilson and Poata Watene (Waikato Tainui, Ngāi Te Rangi), Ngarongo Eaton (Ngā Ariki Kaiputahi, Whakatōhea, Tūhoe) and Te Whetu Mairangi (Whetu Horo) Balzer-Horo (Ngāpuhi, Te Arawa, Taranaki, Ngāti Porou). See details below or register to attend the free webinar.
In the report summary, she writes:
“Eliminating violence and mahi tūkino affecting whānau Māori must be a collective effort led by Māori. Addressing the contextual, historical and social conditions must underpin such an effort that enables the persistence of intergenerational violence and trauma within whānau Māori.”
She believes the book “...is all about hope, and aspirations for what we can be again, over time.”
The literature review explored 6 questions (p1):
- How were whānau and hapū kept violence-free before colonisation? (Preface)
- What is violence within whānau and mahi tūkino? (Chapter 1)
- What is the contemporary landscape of violence impacting whānau Māori? (Chapters 2, 3 and 4)
- What is known about how to achieve wellbeing? (Chapter 5)
- What is known about Māori approaches and solutions? (Chapter 6)
- What are the evidential gaps? (Chapter 6)
The Preface explains “how whānau and hapū remained violence-free in traditional Māori society pre-settlement and pre-colonisation.” It recommends a return to Māori led solutions: “Solutions to violence within whānau and mahi tūkino lie within te ao Māori in mātauranga such as whakapapa kōrero and pūrākau tawhito.”
Chapter 1 describes whakapapa as central to understanding violence, toiora and whānau: "any violation, whether physical, psychological, emotional, spirtual or sexual, directly impacts whakapapa." It explains the understandings and terms used in the report. For example, the term ‘violence within whānau’ is used instead of ‘family violence’ or ‘whānau violence’. The report notes that “...family violence disregards the many layers of intergenerational and contemporary burdens impacting whānau Māori...” while ‘whānau violence’ “...focuses readers’ attention on the whānau and risks blaming individuals and whānau for the existence of violence within their lives.” The report outlines the impact on whānau of violence outside whānau control, including:
“...the role of colonisation; intergenerational and historical trauma and violence; ongoing social, political, systemic and structural factors; and intersectionality and the multiple forms of oppression. Social issues like social marginalisation, racism, housing and income insecurity, and poverty also challenge many whānau.”
Chapters 2, 3 and 4 describe the contemporary landscape of violence impacting whānau Māori. Chapter 2 explores who is affected by violence and how. Chapter 3 explores the context of that violence, including oppression and marginalisation, Crown breaches of Te Tiriti and failures to protect Māori, and intergenerational trauma. Chapter 4 explores the ongoing impacts of colonisation, structural and institutional racism, and historical and intergenerational trauma.
Chapter 5 describes the many structural and systemic barriers to healing and wellbeing “such as the ongoing institutional failure and systemic entrapment to achieve wellbeing for whānau.” It then explains why Māori led approaches are neccessary to enable moving towards toiora.
Chapter 6 briefly highlights several Māori approaches and solutions for preventing and healing from violence, explores different frameworks for measuring flourishing whānau, and explains the the concept of and need for cultural intelligence. Finally it highlights several areas of focus for future work:
- "Māori designed and led approaches and solutions for prevention and healing
- Tangata whenua education and resources to support the mahi and whānau
- Workforce development within tangata whenua providers of services for whānau with violence and mahi tūkino, and
- Monitoring and reviewing tools enable measuring whānau strengths and growth rather than focusing on deficits and problems.”
Violence within whānau and mahi tūkino – A litany of sound revisited was commissioned by Te Pūkotahitanga to inform their activities. The report revisits and expands on the earlier unpublished report “A litany of sound: Māori insights into Family Violence and Sexual Violence” commissioned for the Interim Te Rōpū in 2019.
Te Pūkotahitanga is the independent ministerial advisory group to the Minister for the Prevention of Family Violence and Sexual Violence. Te Pūkotahitanga shared their Briefing to the Incoming Minister in February 2024.
Related webinar
Professor Denise Wilson along with Poata Watene, Ngarongo Eaton and Te Whetu Mairangi (Whetu Horo) Balzer-Horo will share reflections from research and practice, building on the kōrero of Violence within Whānau and Mahi Tūkino — A Litany of Sound Revisited, in a webinar on 22 May 2024. The speakers will share kōrero based on: 1) past evidence and learnings, 2) present insights and issues alongside 3) future dreams and aspirations from the next generation. Their kōrero blends research with real life expertise and solutions from out in the field at the flaxroots, from Māori kaimahi perspectives working in family violence and sexual violence in the community. Sign language interpretation will be provided in the webinar. Sign-up to attend the free webinar.
Related research
Violence within whānau and mahi tūkino – A litany of sound revisited sits alongside He Waka Eke Noa in establishing an evidence base for understanding and addressing violence. The final report from the He Waka Eke Noa project hosted by Tū Tama Wāhine o Taranaki was released in 2023: He Waka Eke Noa: Māori Cultural Frameworks for Violence Prevention and Intervention. He Waka Eke Noa is a groundbreaking Kaupapa Māori project. It is the first comprehensive study of violence centring the experience and expertise of Māori. It is presented in two main parts: whakawhiti kōrero from interviews and hui; and a national survey, which is the first to focus on Māori experiences of violence. Together they confirm the violence of colonising systems and structures, the ways the State harms Māori people and systems, and the potential of tikanga for collective safety and wellbeing. You can watch presentations from the 2023 He Waka Eke Noa seminar series, and earlier presentations. One of He Waka Eke Noa researchers, Professor Leonie Pihama spoke at the Treaty Based Futures and Anti-Racism 2024 online speaker series on He Waka Eke Noa: The Role of the State in Perpetuating Violence on Māori in March 2024.
Australia’s National Research Organisation for Women’s Safety (ANROWS) has recently published the report What works? A qualitative exploration of Aboriginal and Torres Strait Islander healing programs that respond to family violence (2024). The report provides findings from a project that explored what works in Aboriginal and Torres Strait Islander healing programs from the perspectives of the people who deliver, use and are impacted by the programs. The research also looked at the availability of healing programs for Aboriginal and Torres Strait Islander LGBTQIASB+ people and those with a disability. The project was Aboriginal and Torres Strait Islander led and guided by Indigenous-centred research methodologies and qualitative research design. This is the second report from the project. The first report, published 2021 was a literature review: What works? Exploring the literature on Aboriginal and Torres Strait Islander healing programs that respond to family violence.
Related media
Online wananga for family violence plan, Waatea News, 22.05.2024
We need a collective approach to safeguard whānau from violence, The Post, 17.03.2024
Professor examines ‘difficult’ topic, AUT University news, 12.03.2024
Pukapuka offers pointed to Māori-led violence response, Waatea News, 11.03.2024
New book explores roots of family violence, Te Ao Māori news, 10.03.2024
Denise Wilson on new book: Solutions to Māori family violence must be holistic, RNZ, 10.03.2024
Māori literature may hold solutions to tackling family and sexual violence, NZ Herald, 06.03.2024
Constitutional transformation talks and resources
Te Aorerekura identifies that "Violence that impacts whānau is rooted in the marginalisation of tangata whenua and societal changes enforced during the colonisation of Aotearoa." Te Kāhui Tika Tangata | Human Rights Commission, along with tangata whenua, researchers and advocates have repeatedly identified that colonisation, racism and white supremacy continue to have profound impacts on tangata whenua and many other communities in Aotearoa.
The authors of Puao-te-ata-tu (1988) made clear that colonisation and state systems are a source of violence for Māori, and that the solution for ending violence and promoting toiora whānau must involve redefining the relationship between the Crown and tangata whenua. This has been supported by countless studies and reviews, including Moana Jackson’s He Whaipaanga Hou (1987), Ani Mikaere’s The Balance Destroyed (1995, 2017), the recently published He Waka Eke Noa: Māori cultural frameworks for violence prevention and intervention (2023) and Violence within whānau and mahi tūkino – A litany of sound revisited (2023).
Te Kāhui Tika Tangata | Human Rights Commission's Maranga Mai! report "...explains that to be free of discrimination and to determine their own future, tangata whenua want tino rangatiratanga under Te Tiriti restored, as well as their indigenous rights under the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)."
Margaret Mutu (Ngāti Kahu, Te Rarawa, Ngāti Whātua) talks about how the path to self-determination (tino rangatiratanga) for Māori in Aotearoa requires constitutional transformation. She writes:
"The colonisation of this country by the British was illegitimate and illegal, and it’s done huge damage. That has to be fixed. It’s no good trying to just tweak things at the edges because there is a fundamental underlying problem, which is our constitutional arrangements.
The first thing we need to do is for everyone to take part in a long and meaningful conversation about what is needed to ensure that balance is restored in the country. Not just lawyers or experts, but everyone.
Balance would mean an environment where Māori are fully recognised and respected as mana whenua and the original peoples of this country; where tikanga, mātauranga, He Whakaputanga and Te Tiriti are all a natural part of the agreed order of this country and nobody thinks that it is odd or somehow wrong.
It would mean that hapū and iwi, our fundamental social constructs within the Māori world, can exercise their own mana and make their own decisions about their own lives and their own resources.
All people would have a respected constitutional place in our country, and all people would know what that respected place is in this country. We would have constitutional arrangements based on tikanga, He Whakaputanga, Te Tiriti, and an agreed set of values for good, just, and participatory government for and by all peoples that benefits everyone."
The 7th report of the Family Violence Death Review Committee (2022) outlines how efforts to uphold Te Tiriti o Waitangi can contribute to wellbeing and safety for everyone, writing that "By upholding the rights and basic dignities of everyone in Aotearoa, we can take collective action to address the foundation of family violence."
The recommendations of Puao-te-ata-tu and the many other reports and tangata whenua voices continue to inform kaimahi working towards better futures, and can be seen in many of the examples below.
Kōrero with Margaret Mutu
Te Wāhi Wāhine o Tāmaki Makaurau | the Auckland Women's Centre hosted a Kōrero with Margaret Mutu, interviewed by broadcaster Moana Maniapoto (Ngāti Tūwharetoa, Tūhourangi, Ngāti Pikiao). Margaret's kōrero covered a wide range of issues including:
- Rangatiratanga
- He Whakaputanga o te Rangatiratanga o Nu Tirene: the Declaration of Independence of the United Tribes of New Zealand
- Te Tiriti o Waitangi and the ACT party's treaty principles bill
- Waitangi Tribunal, treaty settlements and addressing inequities
- Constitutional transformation and visions for the future
- Matike Mai.
A summary of Margaret's talk is also available.
Professor Margaret Mutu was the Working Group Chair of Matike Mai Aotearoa, and Moana Jackson (Ngāti Kahungunu, Ngāti Porou) was the Convenor. Matike Mai Aotearoa, the Independent Working Group on Constitutional Transformation, was first promoted at a meeting of the Iwi Chairs Forum in 2010. The Chairperson and Convenor facilitated 252 hui between 2012 and 2015. Findings were published in He whakaaro here whakaumu mō Aotearoa: the report of Matike Mai Aotearoa - the independent working group on constitutional transformation (2016). This work and kōrero has continued through the Māori Constitutional Convention 2021, Constitutional Kōrero 2022, the Power in Our Truth Conference 2023, the recent Designing Our Constitution 2024 and many other forums.
To learn more and get involved, see the new Matike Mai Aotearoa website launched in February 2024 to support understanding and dialogue about constitutional transformation in Aotearoa. Also see:
- Margaret Mutu: Why we need constitutional transformation (2022) by Margaret Mutu in E-Tangata
- Moana Jackson: ‘I’m absolutely sure transformation is coming’ (2022) by Moana Jackson in E-Tangata
- Portrait of a Quiet Revolutionary (2022), documentary about Moana Jackson
- The Treaty Claims Settlement Process in New Zealand and Its Impact on Māori (2019) by Margaret Mutu.
Speech from UN Special Rapporteur on the Rights of Indigenous Peoples
The UN Special Rapporteur on the Rights of Indigenous Peoples visited Aotearoa in April 2024. He spoke at the Designing Our Constitution 2024 conference about how constitutions can be instrumental in protecting Indigenous Peoples' rights and cultures. You can watch and read his speech "Constitutional reform and the importance of harmonization with international treaties: cases of successes and reforms on Indigenous Peoples" (2024).
Recordings from Designing Our Constitution 2024 conference
The Conference was hosted by the University of Auckland’s Centre for Indigenous Peoples and the Law, Te Kāhui Tika Tangata Human Rights Commission and National Iwi Chairs Forum. Learn more about the conference and how it paves the way for conversations about inclusive, te Tiriti-based constitution from Te Kāhui Tika Tangata | Human Rights Commission. Recordings from the Designing Our Constitution 2024 conference are available online.
Recordings from Te Tiriti Based Futures & Anti Racism
Te Tiriti-based futures + Anti-racism is an innovative (inter)national, online and offline, Te Tiriti-based, anti-racism and decolonisation event in Aotearoa. The event has taken place in 2020, 2022 and recently in March 2024. The event hosts a range of speakers covering institutional racism and anti-racism, decolonisation, building Te Tiriti-based futures and transforming our constitution. You can watch recordings from the talks online. Talks from 2024 included He Whakaputanga o Te Rangatiratanga o Nū Tīreni webinar, Matike Mai – Planning for constitutional transformation webinar, Indigenous sexuality and colonial Ideologies webinar, He Waka Eke Noa: The Role of the State in perpetuating Violence on Māori webinar and much more.
Related news
The National Iwi Chairs Forum withdrew from the working group on the National Action Plan Against Racism in April 2024. In announcing their withdrawl, Tangata Whenua caucus member Tina Ngata said:
"Our government has signalled changes to the plan, including a reduced focus on institutional racism and colonial racism against Māori, which would render the plan pointless as all instances of personal racism result from the institutional racism of our society."
Tina Ngata discussed in detail why the National Iwi Chairs Forum walked away from the National Action Plan Against Racism in an article for E-Tangata. See related media below for more information including response from Justice Minister Paul Goldsmith. See the Ministry of Justice for more information about the work to develop a National Action Plan Against Racism.
The Disinformation Project published research in October 2023 highlighting that disinformation is contributing to a rise in anti-Māori racism and exposure to white supremacist beliefs in Aotearoa New Zealand. Listen to an interview about the research with Kate Hannah, Disinformation Project Director.
Te Kāhui Tika Tangata | Human Rights Commission published 2 reports in February 2023:
- Ki te whaiao, ki te ao Mārama, a community engagement report for developing a National Action Plan Against Racism
- Maranga Mai!, a report into the dynamics and impacts of colonisation, racism and white supremacy upon tangata whenua.
The United Nations Human Rights Council is currently conducting Aotearoa New Zealand's 4th Universal Periodic Review of human rights. The Draft Outcome Report was published on 3 May 2024. A final country report is due on 17 May 2024.
Related media
World shines a light on NZ’s human rights breaches, Newsroom, 07.05.2024
Ngāhuia Murphy: The mana and mātauranga of wāhine Māori, E-Tangata, 05.05.2024
Justice Minister updates UN on law & order plan, Beehive media release, 30.04.2024
Why did the Iwi Chairs Forum walk out on the national anti-racism plan?, NZ Herald, 08.04.2024
Claire Charters: Let’s imagine a new constitution, E-Tangata, 07.04.2024
Designing a constitution for Aotearoa, Te Ao Māori News, 04.04.2024
Māori power probed in constitution hui, Waatea News, 03.04.2024
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 responses and research
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.
In 2025, the Office for Students, the public regulator for higher education in England, undertook a survey of final-year undergraduate students across England and asked them about their experiences of sexual misconduct. They found that overall 24.5 per cent of respondents experienced at least one form of sexual harassment since they became a student and 14.1 per cent of respondents experienced at least one form of sexual assault/violence. For media coverage, see this article in the Guardian.
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.

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