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The Ministry for Business, Innovation and Employment (MBIE) is leading the consultation.
The closing date to make a submission is 28 April 2022.
MBIE is seeking feedback on a proposed review framework for Schedule 2 of the Accident Compensation (AC) Act 2001. Schedule 2 lists the occupational diseases covered under the Accident Compensation Act. Currently there is no formal or regular process for reviewing and updating Schedule 2. The list has not been updated since 2008.
The MBIE consultation notes that the purpose of the proposed framework for a regular review of Schedule 2 is to:
- "Ensure the occupational diseases listed are relevant to the experiences of working New Zealanders;
- Enable it to be kept up to date with modern medical and epidemiological evidence;
- Improve claimants’ access to Work-Related Gradual Process, Disease or Infection cover."
The consultation also noted that "A regular review framework could also address gaps in our understanding of how occupational diseases impact different population groups in Aotearoa New Zealand."
In announcing the consultation, Minister for ACC Carmel Sepuloni said:
“I am also focused on improving gender equity in the AC [Accident Compensation] Scheme. As part of that, a regular review framework, which would take gender into account, could improve our understanding of how occupational diseases impact different population groups in Aotearoa New Zealand.
“By addressing these gaps in our understanding, a review could be used to improve awareness and preventative action against how occupational diseases impact men as well as women.”
The consultation document outlines in more detail the issues that could be addressed through a framework for regular review, including:
- "Improve understanding of how Schedule 2 applies to both males and females in Aotearoa New Zealand"
- "Improve understanding on how Schedule 2 impacts different population groups."
In both areas, the consultation document notes the lack of research in Aotearoa New Zealand examining differences in occupational diseases (see pages 14 and 15 of the consultation document for more information). For an occupational disease to be included in Schedule 2, there must be strong scientific evidence of a causal link to a work-related risk.
MBIE has provided a submission form. You can also write a submission. Submissions can be sent by email to ACregs@mbie.govt.nz or posted to:
The Manager, Accident Compensation Policy
Workplace Relations and Safety Policy
Ministry of Business, Innovation and Employment
PO Box 1473
Wellington 6140
The consultation is not reviewing which diseases should be included in Schedule 2. The consultation also does not include Schedule 3 of the Accident Compensation Act, which outlines Cover for mental injury caused by certain acts dealt with in Crimes Act 1961 such as sexual violence. For more information see the MBIE Consultation.
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The Government is also consulting on a proposed New Zealand Income Insurance Scheme. The scheme would provide protections to workers made redundant, laid off, or who have to stop working because of a health condition or disability. This would include receiving 80 percent of usual salary for up to seven months, up to the current ACC cap. The proposal also includes up to twelve months of support for re-training. MBIE is leading the consultation. The closing date to make a submission on this consultation is 26 April 2022. For more information and to make a submission see the consultation on A New Zealand Income Insurance Scheme. Also see Minister of Finance Grant Robertson's announcement for the scheme.
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ACC cuts staff access to sensitive claim files, RNZ, 31.03.2022
Domestic violence survivors 'left hanging' without support for brain injuries, Stuff, 12.03.2022
NZ still a long way from gender equality, Newsroom, 08.03.2022
Life-changing brain injuries in domestic violence survivors going unrecognised, 08.01.2022
Petition calls for a New Zealand women's health strategy, RNZ, 07.04.2021
Gender gap: Health strategy urgently needed as 'women are dying' - experts say, Stuff, 09.03.2021
Our aim at the New Zealand Family Violence Clearinghouse (NZFVC) is to provide equitable access to quality research and information that can help to inform policy and practice in Aotearoa. This includes drawing on both Western and Māori knowledge systems as well as practice informed evidence. How these systems of knowledge can inform our understanding of violence prevention will be a key focus for the NZFVC as we move forwards.
As you may be aware, at the end of last year (2021) the NZFVC underwent structural changes, welcoming two new Academic Co-Directors, Dr Terry Dobbs (Academic Director Māori) and Professor Nicola Gavey (Academic Director Tauiwi) as well as putting in place two new Advisory Groups (Tangata Whenua and Tauiwi).
As we continue an exciting new year of mahi, we are keen to gather feedback to ensure that the NZFVC is continuing to provide access to research and information in ways that support our collective efforts to prevent and respond to family violence and sexual violence in Aotearoa. We would like to know what is working well and how we could improve or do things differently. We really appreciate your support in giving us your feedback.
NZFVC 2022 Survey
The survey is open until 5pm, 14 April
Disability Toolkit for Policy
The Disability Toolkit for Policy is designed to support policy-makers and decision-makers to think about disability implications throughout the process of developing policy. The Office for Disability Issues (ODI) said: "For New Zealand to be a non-disabling society, we need policy and decision-makers to consider how their interventions can create a place where disabled people have an equal opportunity to achieve their goals and aspirations. This toolkit will show you how."
This Toolkit is designed to help practitioners:
- consider the needs and aspirations of disabled people and their family/whānau,
- explore the disability impacts of policy throughout the development process,
- prompt thinking by asking key questions and providing examples and links to useful information and data,
- incorporate Te Tiriti o Waitangi, the New Zealand Disability Strategy, and New Zealand’s obligations under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) into policy and practice.
The Toolkit provides guidance on seven steps:
- Thinking about disability issues at the start of the policy process
- Engaging with the disability community
- Embedding disability into the policy issue
- Incorporating disability into the policy options
- Incorporating disability into Cabinet papers, information and communications
- Considering disability throughout implementation
- Considering how disability outcomes can be monitored and evaluated.
ODI recommends reading through the whole Toolkit to learn and prepare and notes:
"More time may be required to incorporate your insights into action (e.g. engaging with disabled people or implementing your policies in different ways). While you may not be involved in every step of the policy process, it is worth considering each step and being clear with colleagues on the desired outcomes (for example, those involved in delivery, implementation or monitoring of the policy)."
The Toolkit is designed to be used alongside similar tools such as the Ministry for Women’s Bringing Gender In. The ODI media release noted the Toolkit "...goes toward addressing recommendation 12 of the Independent Monitoring Mechanism’s Making Disability Rights Real 2014-2019 report."
Reports on tāngata whaikaha Māori and disabled peoples' experience of violence in Aotearoa
In December 2021, Disability Rights Commissioner Paula Tesoriero launched two new reports from the Human Rights Commission exploring experiences of violence and abuse among tāngata whaikaha Māori and disabled people.
The reports, Whakamanahia Te Tiriti, Whakahaumarutia te Tangata (Honour the Treaty, Protect the Person) and Whakamahia te Tūkino kore Ināianei, ā Muri Ake Nei (Acting Now for a Violence and Abuse Free Future), outline the evidence on the causes and impacts of violence including racism and colonisation, and abuse against tāngata whaikaha Māori and disabled people. The reports outline gaps in systems, knowledge and services and set out a roadmap for systemic change. Together the reports make 20 recommendations.
In launching the reports, Paula Tesoriero said "These reports provide, for the first time, an evidence base and graphic illustration of the violence and abuse suffered by tāngata whaikaha Māori and disabled people. They show a continued absence of effective responses to reduce its incidence."
She went on to say:
"In Aotearoa, racism and ableism intersect to create unique additional risks for tāngata whaikaha Māori who must navigate racism, discrimination and other biases."
"This has resulted in the suppression of rangatiratanga along with the many disabling effects on the ability of tāngata whaikaha Māori to define themselves and their own lives."
Minister Davidson responded to the reports saying:
"Disabled people have highlighted to me the lack of specialist family violence and sexual violence services and supports, the lack of a nationally consistent and mandated safeguarding approach, and the need for more data and research to make visible their experiences.
They emphasised that disabled people need to be at the decision making tables.
We also need to address the intergenerational impacts of colonisation and racism in order for us to eliminate violence."
For more information about disabled people and violence see the following resources:
Aotearoa New Zealand
White Ribbon created an infographic and video with Disability Rights Commissioner Paula Tesoriero to highlight experiences of violence for people with disabilities drawing on new research published this year
Prevalence of nonpartner physical and sexual violence against people with disabilities (2021) by Zarintaj Malihi, Janet L Fanslow, Ladan Hashemi, Pauline Gulliver and Tracey McIntosh
Lifetime prevalence of intimate partner violence and disability: Results from a population-based study in New Zealand (2021) by Janet L Fanslow, Zarintaj Malihi, Ladan Hashemi, Pauline Gulliver and Tracey McIntosh
Key findings from the 3rd cycle of the NZ Crime and Victimisation Survey: What it means for disabled people (2021) from the Office for Disability Issues
"Everything, with us": Working with people with disabilities (2016) from the Good Practice Responding to Sexual Violence - Guidelines for mainstream crisis support services for survivors from TOAH-NNEST (Te Ohaakii a Hine-National Network Ending Sexual Violence Together)
International
Women with disability and domestic and family violence: a guide for policy and practice (2021), 30 ways to make your service more accessible (2021) and Creating an inclusion action plan (2021) from People with Disability Australia and Domestic Violence New South Wales
Changing the landscape: A national resource to prevent violence against women and girls with disabilities (2022) from Our Watch
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The Public Service Commission is now advertising for the role of Te Tumu Whakahaere | Chief Executive - Ministry for Disabled People. HardyGroup is working in partnership with the Disabled Persons Assembly (DPA) to ensure the recruitment process is accessible. Applications close 11.59pm on Tuesday 5 April 2022.
Disability leaders and advocates have raised concerns about the appointment of a nondisabled person to the Director role of the establishment unit for the new Ministry for Disabled People. Disabled Leadership Now (DLN) organised an online rally and wrote to the Chief Executive of the Ministry of Social Development and the Director General of Health calling for action. Disabled Leadership Now is a grass roots organisation comprising of disabled volunteers working to ensure that disabled people lead, and are present at every level of the new Ministry.
The Ministry for Social Development has announced the members of the Community Steering Group responsible for supporting and guiding the establishment of the new Ministry for Disabled People.
Disability advocates and leaders have also raised concerns about the process for contributing to the government's proposal on accessibility legislation. In October 2021, the Government released a Cabinet Paper proposing a framework for accessibility. For more information, see the Access Alliance, a movement comprised of organisations from the disability and neurodiversity sectors, working with a business champions and individual supporters, to advocate for legislation.
Update: AmplifyU is a new online engagement tool developed and managed by disabled people for disabled people to engage with the work to establish the new ministry. There is also an AmplifyU Facebook page.
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Harming the disabled with the words we use, Stuff, 11.03.2022
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The RFP 25480636 from ACC is inviting proposals to develop prevention resources.
The closing date to submit a proposal is 13 April 2022.
According to the RFP, the ACC Board approved significant investment in a primary prevention system working towards achieving the outcomes of the Healthy Consensual Relationships / Oranga Whakapapa programme of work. It further notes that ACC has set a budget of up to $550,000 to be put towards this investment.
Specifically, the RFP states that ACC is seeking organisations to collaborate to:
"• Develop child sexual abuse prevention resources, tools, communications, mechanisms and approaches that are culturally relevant and responsive to communities and their diverse realities, for example: Pacific peoples, rainbow, disability and new migrants.
• Develop tools, resources, and approaches that can withstand the limitations and requirements of a COVID-19 environment.
• Better understand how we can support communities to strengthen their own capacity and determine their own approaches to prevent child sexual abuse.
• Walk alongside a community and support their innovation and learning, as opposed to imposing/supplying worldviews, paradigms, and pre-existing strategies that are neither appropriate nor relevant.
• Work collaboratively with us to help us learn about and document what works for communities and capture this learning to strengthen our broader primary prevention programme of work."
For more information see the RFP 25480636, Child Sexual Abuse Prevention: Supporting approaches to strengthen community capability to build healthy relationships and prevent child sexual abuse. A more detailed RFP document is available once signed in to the GETS website as a supplier. For questions, contact the Procurement Team at procurement@acc.co.nz.
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I was raped, then ruined by the systems that were supposed to help me, RNZ, 12.04.2022
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Sexual violence plan stuck in bureaucracy, Waatea News, 15.03.2022
Oranga Tamariki's new child sexual violence services in limbo, RNZ, 14.03.2022
Oranga Tamariki didn't meet Māori over new sexual violence services, RNZ, 14.03.2022
Behind the story: The town that backed a child sex abuser, RNZ, 08.03.2022
Calls for sexual consent education to be compulsory in NZ schools, Re:news, 07.03.2022
Advocates want more support for kids in sexual abuse court cases, RNZ, 01.03.2022
Child sex abuse claimants need more support in court - experts, RNZ, 01.03.2022
The town that backed a child sex abuser, RNZ, 28.02.2022
Advocates want more support for kids in sexual abuse court cases, RNZ, 28.02.2022
Harmful sexual behaviour among children in care rising fast, RNZ, 24.12.2021
What is ‘Intersectionality’?
American legal scholar Kimberlé W. Crenshaw coined the term intersectionality "...to describe the double bind of simultaneous racial and gender prejudice," specifically highlighting the compounding discrimination and harm that Black American women experience from both sexism and racism.
In her TEDTalk 'The urgency of intersectionality' (2016), Crenshaw explains how and why she came up with the concept of intersectionality. She shares that over time she came to understand how women of colour experienced multiple forms of intersecting discrimination including racism, sexism, classism, xenophobia, heterosexism and ableism, based on their diverse and multiple identities.
To learn more about Crenshaw's work see her article Mapping the Margins: Intersectionality, Identity Politics, and Violence against Women of Color (1991) and her book chapter Toward a field of intersectionality studies: Theory, applications, and praxis (2013).
Intersectionality in Aotearoa: Exploring the compounding effects of racism, sexism and colonisation
Te Aorerekura: the National Strategy to Eliminate Family Violence and Sexual Violence acknowledges the gendered nature of family violence and sexual violence, highlighting that "Women are three times as likely as men to experience intimate partner violence and wāhine Māori are more likely to be impacted by violence than any other ethnicity." The strategy highlights the compounding effects of multiple forms of discrimination:
"This personal use of power, dominance and entitlement is enabled by socially accepted hierarchies of power that include sexism, racism, colonisation, ableism, ageism, homophobia, biphobia, and transphobia, transmisogyny, and classism. Violence is consequently more likely to occur in some situations than in others. As a result, some people are targeted by abusers more than others, and can experience silencing, stigma, barriers to seeking help, and more frequent and more severe violence."
Te Aorerekura also draws attention to the significant impact on wāhine Māori from the intersections of racism, sexism and colonisation:
"Wāhine Māori are more likely to be subjected to family violence or sexual violence than any other ethnicity or gender (FVDRC 2016; Wilson 2016; Ministry of Justice 2021). Family violence and sexual violence are leading causes of harm for wāhine Māori, nearly 50% of whom experience partner abuse in their lifetime. The combination of colonisation, racism and sexism in Aotearoa New Zealand increases impacts associated with intergenerational trauma for wāhine Māori (Pihama, Cameron, and Te Nana 2019)."
Māori researchers have been documenting the intersections between Māori experiences of family violence and sexual violence, colonisation and institutional racism for decades. Most recently, researchers from Ngā Wai a Te Tūī have shared initial findings from He Waka Eke Noa, a research project that asks Māori about their experiences of violence in Aotearoa. The research team, including Professor Linda Tuhiwai Smith, Professor Leonie Pihama and Shirley Simmonds, will be sharing findings from the research through online webinars on 24 March 2022 and 7 April 2022.
Te Aorerekura also acknowledges that:
"Preventing family violence and sexual violence requires an understanding that family violence and sexual violence are transgressions of mana and whakapapa. There are solutions within the promotion and strengthening of whānau ora that require a focus on healing, restoration, redress and a return to a state of noa."
Kaupapa Māori and mātauranga Māori offer paths for healing, restoration, redress and returning to a state of noa. Leonie Pihama, Ngaropi Cameron, Mereana Pitman and Rihi Te Nana have published Whāia Te Ara Ora: Understanding and Healing the Impact of Historical Trauma and Sexual Violence for Māori (2022). The book explores Māori views on historical and intergenerational trauma, the impact of sexual violence on Māori whānau, hapū and iwi, and how tikanga (cultural understandings and practices) can foster healing. There are also posters and resources that address Kaupapa Māori analysis of colonial risk factors, Kaupapa Māori Principles, and Kaupapa Māori Principles & Healing Trauma.
In addition, Ngā Wai a Te Tūī and Tū Tama Wāhine o Taranaki recorded six kōrero that explore Kaupapa Māori (2020) for practitioners and researchers.
Addressing intersectionality in your work: Resources, events and further reading
International
UN Women has published the Intersectionality resource guide and toolkit (2022). The guide and toolkit are designed to help individuals and organisations address intersectionality in programmes and policies. It provides an overview of what intersectionality is. It outlines eight enablers needed to apply an intersectional lens:
- Reflexivity
- Dignity, choice and autonomy
- Accessibility and universal design
- Diverse knowledges
- Intersecting identities
- Relational power
- Time and space
- Transformative and rights-based.
It then provides a framework for action and outlines four different tools to use as part of an intersectional approach. In explaining how to use the guide, it says:
"Intersectionality is an approach, a mindset; not a mere toolkit. It is a way of thinking, reflecting and working."
"Transformative change begins where ‘the individual and system meet’ and intersectionality must be addressed through a process that focuses on self-reflection, relationships and contexts. The effectiveness of an intersectional approach depends on how willing the user is to challenge themselves and interrogate their own attitudes and ways of working and cannot be achieved via checklists or prescriptive processes. With this mindset the user will be able to then apply the enablers and action framework across their existing work processes, whether this is at policy, programmatic or institutional level."
Aotearoa
There is a free online Te Tiriti-based futures + Anti-racism 2022 conference taking place 19-28 March 2022. The event includes speakers and leaders over 10 days discussing institutional racism and anti-racism, decolonisation, building Te Tiriti-based futures and transforming the constitution.
To further explore the intersection of racism, sexism and colonisation see the following:
- Leonie Pihama wrote Mana wahine: decolonising gender in Aotearoa (2021), published in the Australian Feminist Studies journal
- Jacinta Ruru, Angela Wanhalla & Jeanette Wikaira compiled An anti-racist reading list for New Zealanders (2020) published on the Spinoff
- Leonie Pihama, Linda Tuhiwai Smith, Naomi Simmonds, Joeliee Seed-Pihama and Kirsten Gabel edited and compiled writings on Mana Wahine and/or Māori women’s writings on Māori feminist approaches: Mana Wahine reader: A collection of writings 1987-1998, Volume I (2019) and Mana Wahine reader: A collection of writings 1999-2019, Volume II (2019).
Also see Te Tiriti Kōrero podcast series from Community Research (2022) which features:
- Te Tiriti Kōrero with Dr Chelsea Grootveld – “Our mokopuna don’t have time for us to muck around.”
- Te Tiriti Kōrero with Dr Kathie Irwin – “When you take a critical analysis view, a kaupapa Māori view, you don’t start with the individual.”
- Te Tiriti Kōrero with Mike Smith – “We have to invest in the vision of all peoples in this country.”
- Te Tiriti Kōrero with Ali Hamlin-Paenga – “We do not need others to be Māori for us.”
For more information and resources see the topic Intersectionality on our Recommended Reading list.
To learn more about how experiences of violence, coping, accessing help and healing are different for people who experience intersecting forms of discrimination see our library under the quick topic searches for Specific Groups.
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Gender Attitudes Survey
Gender Equal NZ, led by The National Council of Women of NZ – Te Kaunihera Wāhine o Aotearoa, published results from the 3rd Gender Attitudes Survey 2021 (2022). This survey, along with the previous surveys run in 2017 and 2019, shows that change in attitudes is occurring slowly, and some gains are temporary. In all three years the survey has been run, 20% of respondents did not agree that gender equality is a fundamental right. In addition, “...when it comes to violence towards women and toxic masculinity, the attitudes of a small minority have hardened since the previous survey in 2019,” said Dr Suzanne Manning, President of The National Council of Women of NZ – Te Kaunihera Wāhine o Aotearoa. She said:
“It’s frankly depressing that in 2022, 17% of respondents still believe that hitting out is an understandable response for a man when his wife or girlfriend tries to end a relationship (up from 9% in 2019), while 18% of respondents believe that showing physical or emotional weakness makes a man less of a man (up from 12% in 2019).
For more information watch the video recording of the Gender Attitudes Survey Launch Webinar (2022).
Theme for International Women's Day
The UN Women theme for International Women's Day for 2022 is Gender equality today for a sustainable tomorrow recognising the link between gender, social equity and climate change. The UN Women media release highlights that "Women and girls experience the greatest impacts of the climate crisis as it amplifies existing gender inequalities and puts women’s lives and livelihoods at risk." UN Women further said "As women and girls bear the burden of climate impacts, they are also essential to leading and driving change in climate adaption, mitigation and solutions. Without the inclusion of half of the world's population, it is unlikely that solutions for a sustainable planet and a gender equal world tomorrow will be realized."
This theme aligns with the priority theme for the upcoming 66th Commission on the Status of Women (CSW66) also in March 2022: “Achieving gender equality and the empowerment of all women and girls in the context of climate change, environmental and disaster risk reduction policies and programmes”. International agencies are increasingly exploring the links between climate change and violence against women. To learn more search our library under climate change. Also see the recently completed research report from Ngā Pae o te Māramatanga and Manaaki Whenua - Landcare Research on He huringa āhuarangi, he huringa ao: a changing climate, a changing world (December 2021).
Related media
Māori Women: Caught in the Contradictions of a Colonised Reality, E-Tangata, 25.09.2022
08 Alison Mau | New Zealand’s #metoo reckoning, RNZ re_covering podcast, 10.03.2022
International Women's Day: New Zealand women speak about "breaking the bias", NZ Herald, 06.03.2022
The Side Eye’s Two New Zealands: The left behind, The Spinoff, 03.03.2022
Minority still hold outdated views on gender, stereotypes - survey, RNZ, 03.03.2022
Acceptance of domestic violence growing as attitudes 'creep' towards conservatism, Stuff, 01.03.2022
In Focus: International Women's Day, UN Women News, 01.03.2022
Wāhine, White Women, and Waitangi, E-Tangata, 13.02.2022
The Mana Wāhine inquiry isn’t over yet, The Spinoff, 02.08.2021
Moana Jackson: Decolonisation and the stories in the land, E-Tangata, 09.05.2021
The proposed legislation would apply to people convicted of certain offences including sexual violence, but not to people who have breached protection orders or restraining orders.
The closing date to make a submission is 29 March 2022.
The Firearms Prohibition Orders Legislation Bill was introduced on 15 December 2021. It is an omnibus bill that would amend several Acts.
The purpose of the legislation is to restrict access to firearms for people whose behaviour and actions present a risk of violence. The bill would introduce a Firearms Prohibition Order (FPO). An FPO could be made by a court to prohibit a person from accessing, possessing, or using any firearm or related item. It also would prohibit the person from associating with individuals or going to places that are likely to allow access to firearms.
The bill sets out that an FPO could be made against a person who has been convicted of a specified offence under the Arms Act 1983, the Crimes Act 1961, or the Terrorism Suppression Act 2002, or convicted of a serious violent offence as defined in section 86A of the Sentencing Act 2002 (serious violent offences include sexual violence, manslaughter, murder, wounding with intent to cause grievous bodily harm, kidnapping and many more).
The Explanatory note for the legislation states:
"The Bill complements recent amendments to the Arms Act 1983, which ensure that only those people considered fit and proper to possess firearms can be issued with a firearms licence.
The Bill introduces firearms prohibition orders (FPOs), which address some limitations with the Arms Act 1983 that might enable a high-risk person to legally access or use firearms or restricted weapons, associate with people in physical possession of firearms, or reside at or visit locations where firearms are held, including gun shops, arms fairs, or gun clubs."
Submissions are due by 29 March 2022. For questions, contact the Justice Committee at 04 817 9520 or ju@parliament.govt.nz.
Update: The Firearms Prohibition Order Legislation Bill passed and received Royal Assent on 15 August 2022. The Firearms Prohibition Legislation Act comes into force on 16 November 2022. The Beehive media released noted "Following today’s passage of the Bill, anyone convicted and sentenced of a specified serious crime, including murder, serious assault, sexual violence, and some family violence offences, can be subject to an order and not lawfully able to use or access a firearm." Section 39A of the Firearms Prohibition Orders Legislation Act 2022 specifies when a Firearms Prohibition Order (FPO) can be made which includes when a person is convicted of strangulation and suffocation (under the Crimes Act 1961, section 189a) and serious violent offences such as sexual violence (under a specified violent offence as defined in section 4 of the Victims’ Orders Against Violent Offenders Act 2014 which defines a violent offence as the meaning given to serious violent offence by section 86A of the Sentencing Act 2002). For more information see the NZ Police media release Orders coming into force to prevent harm by firearms.
Update: The Firearms Prohibition Orders Legislation Amendment Bill passed in August 2024, amending the legislation.
Background
NZ Police initially consulted the public in November 2019 about whether Firearms Prohibition Orders should be introduced. The initial proposal outlined different options for what types of previous convictions could qualify for a Firearms Prohibition Order. Option 3 in the initial consultation document included breaches of protection orders, among other offences. The currently proposed legislation does not include breaches of protection orders or restraining orders as possible offences for FPOs.
The Cabinet Paper lodged by Minister of Police Poto Williams, Firearms Prohibition Orders: Final Design Parameters (December 2021), states:
"I propose to narrow the conviction types that would qualify for a Firearms Prohibition Order to ensure that these orders are focused tightly on higher-risk offenders, where there is a clear link between the nature of offending and firearm-related risk However, this does involve some trade-offs, particularly in relation to family violence offending (for instance, offenders who breach protection orders)."
The Cabinet Paper further clarifies the types of convictions that would qualify for a Firearms Prohibition Order, noting:
"22. The broader the list of qualifying convictions, the wider the coverage of the regime and the greater the public safety outcomes of Firearms Prohibition Orders. At the same time, the broader the list of qualifying convictions, the less targeted the regime may be as it may capture a large group of people who do not go on to commit further acts of serious offending.
23. Given this, I consider that a more limited list of conviction categories is needed to ensure that Firearms Prohibition Orders are tightly targeted to those whose offences are at the higher end of the harm spectrum. In doing so, I consider that the regime should be focused to capture the most serious Arms Act offences and those offences generally recognised as serious violent offences.
24. This approach means that the Firearms Prohibition Order design will not cover the original proposed offence categories of criminal harassment or breaches of protection orders or restraining orders. [emphasis added]
25. In making this decision, I have given careful consideration to the impact of family violence and harassment in our community, and the harm caused by repeated breaches of protection orders. I have also considered the safeguards already built into protection orders, recognising that the court already has the ability to consider the risks associated with firearms and restricted weapons when making a protection order.
26. Many protection orders include a standard condition about weapons that prohibits the respondent from possessing or having weapons under their control; and also requires the surrender of any weapon in the respondent’s possession or under their control."
For more information see the proactively released cabinet papers and other documents related to Firearms Prohibition Orders from NZ Police.
The legislation is part of the wider government response to the terrorist attack on Christchurch masjidain.
Links between family violence and access to firearms
The Family Violence Death Review Committee (FVDRC) has found that about 10% of family violence deaths are committed with firearms (see the FVDRC submission on the Arms Legislation Bill, 2019). The FVDRC has also found that between 2009 and 2017, of 37 men who had been served with a protection order and were the predominant aggressor involving a family violence death, 57% had breached one or more protection orders (see the Sixth report | Te Pūrongo tuaono : Men who use violence | Ngā tāne ka whakamahi i te whakarekereke, FVDRC, page 48).
In the Women's Refuge submission on the Arms Amendment Bill (2019), they highlight that "...access to firearms can escalate the likelihood of fatality when family violence is perpetrated" and that "...the threat of having firearms used (against the victim, against the victim’s children, or against other people or animals) is much more frequently a tool for ensuring the continued and effective control of the victim and suppression of her potential resistance than the actual use of firearms." They went on further to highlight that:
"The firearms used by abusers to threaten and intimidate victims (either by explicit threat or by conspicuous presence) are almost always legally obtained. In the instances where they are not personally legally obtained, they are typically legally obtained by an acquaintance. This suggests that gun control law that prohibits or restricts easy access to firearms would have an immediate impact on the breadth of threats to women’s safety."
Media has previously highlighted family violence cases where perpetrators accessed guns despite not having a firearms licence, including the murder of Leigh Wallace by her former partner who used a gun despite police revoking his gun license and seizing his guns and a man who used a shotgun near his ex-partner despite being denied a firearms licence multiple times.
Research from Australia that looked at impacts from firearm legislation found that "...background checks for license applicants and firearm prohibitions for domestic violence perpetrators may be associated with a decline in female firearm homicide victimization overall and female intimate partner firearm homicide victimization" (see An Evaluation of the Impacts of Changing Firearms Legislation on Australian Female Firearm Homicide Victimization Rates by Samara McPhedran, 2017).
See the following research articles for research on family violence and gun violence specific to Aotearoa New Zealand:
- The intersection of firearms and intimate partner homicide in 15 nations by AM Zeoli, R Malinski, and H Brenner published in Trauma, Violence & Abuse, 2017 (includes New Zealand data)
- Late-life homicide-suicide: a national case series in New Zealand by G Cheung, SH Friedman and F Sundram published in Psychogeriatrics, 2015.
Research is also increasingly identifying links between domestic violence and violent extremism including mass shootings. For more information see our previous news story on the Links between violent extremism and violence against women.
Update: Research published in 2021 from the US has found that 59.1% of mass shootings between 2014 and 2019 were related to domestic violence and in 68.2% of mass shootings, the perpetrator either killed at least one partner or family member or had a history of domestic violence. Read the full article The role of domestic violence in fatal mass shootings in the United States, 2014–2019 or see the media release Study: Two-Thirds of Mass Shootings Linked to Domestic Violence for more information.
For more research on family violence and gun violence search the term firearms in our library.
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Tracking the guns, RNZ, 21.06.2021
Milestone reached in the delivery of new Firearms Registry, Beehive media release, 11.05.2023
New gun laws come into effect, giving judges power to ban criminals from firearms, Stuff, 16.11.2022
Gun reform to pass into law, and 'three strikes' law repealed, Stuff, 09.08.2022
Firearms Prohibition Order Legislation Bill passes third reading in Parliament, RNZ, 09.08.2022
Firearms Prohibition Order Bill passes first reading, Te Ao Māori News, 10.02.2022
Firearms prohibition orders take the first step, RNZ, 10.02.2022
Government takes next step in tackling gun crime, Beehive media release, 09.02.2022
Bill to further tighten firearms laws passes first reading, One News, 09.02.2022
Govt takes further action against gang crime, Beehive media release, 11.05.2021
The Sexual Violence Legislation Act 2021 passed its third reading in Parliament and on 20 December 2021 received Royal Assent. The Act amends the Evidence Act 2006, Victims’ Rights Act 2002, and Criminal Procedure Act 2011. The purpose of the legislation is to reduce trauma to victim/survivors of sexual violence when they attend court and give evidence.
Read the full Sexual Violence Legislation Act 2021.
The Beehive media release highlights some of the key changes to court processes and rules related to evidence, noting "Most of the Bill's changes were recommended by the Law Commission in 2015 and 2019, and have been called for by experts and advocates."
Key changes include:
- Allowing sexual violence complainants to use alternative ways of giving evidence, including pre-recording cross-examination evidence in appropriate cases (see Section 16).
- Making sure evidence about a complainant's previous sexual interactions with the defendant is off limits, unless it is clearly highly relevant (see Section 8).
- Requiring judges to talk to the jury to dispel any misconceptions relating to sexual violence (known as rape myths) that might be brought into a case (see Section 21).
Other changes include:
- Expanding specialist help with understanding and communicating in court for whatever reason. This was previously only available to witnesses with insufficient English, or a communication disability (see Section 4).
- Requiring judges to intervene when the judge considers questions to witnesses are unacceptable including "the way in which it is asked, is improper, unfair, misleading, needlessly repetitive, or expressed in language that is too complicated for the witness to understand." Judges can take into account the witness’s vulnerability, the nature of previous questions and cumulative impact of questions alongside other factors (see Section 9).
- Further limiting the defendant’s right to cross-examine witnesses in person in a sexual case or family violence or harassment case (see Section 10).
- Allowing video recorded statements to Police by victims of family violence to be used as their evidence in Court (see Section 15).
- Extending protections while giving evidence in sexual cases – such as being able to do so from behind a screen or by video evidence – to propensity witnesses (see Section 16).
- Allowing all victim impact statements to be given with protections such as being screened from the defendant or by video statement (see Section 29). In sexual cases the Court may also be closed to the public (see Section 30).
- Requiring appropriate facilities to be available to victims attending court or participating in court proceedings, such as alternative waiting areas (see Section 31).
Some changes came into effect immediately upon Royal Assent, while other changes come into effect one year after Royal Assent or an earlier date set by Order in Council.
Minister for the Prevention of Family Violence and Sexual Violence, Marama Davidson said:
“We have a significant underreporting of sexual violence in Aotearoa, New Zealand. In the development of Te Aorerekura, our national strategy to eliminate family violence and sexual violence, we heard clearly that our systems must be safe and accessible, so people feel supported to seek help and accountability.
“This Bill will help change attitudes and processes that have traditionally normalised or excused violence.”
Jan Logie, who introduced the legislation in 2019 in her previous role as the Parliamentary Under-Secretary to the Minister of Justice (Domestic and Sexual Violence Issues), welcomed the legislation saying:
“I want to acknowledge and thank the courageous people who have spent years fighting for the changes in this Bill. With roots in our country’s response to the experience of sexual violence victims, it has taken over 12 hard-fought years to deliver change. Survivors’ growing calls for action, and a system that safeguards victims, have made this Bill a reality.
“However, there is more we must do to centre victims and stop violence perpetuating in our society, including reviewing the education of defence and prosecution workforces, so they can test the evidence rather than the witness, and clearly defining consent.
“At the point of harm occurring, both those impacted by violence and those who have used violence need end to end advocacy and support to help stop further violence and harm from happening and heal.
“The evidence is clear that we need to develop alternate justice pathways that provide culturally appropriate, non-adversarial, accountability with the opportunity to heal.
“People in Aotearoa should rightly expect a justice system that restores mana, not diminishes it.”
Cabinet papers related to the legislation have been proactively released. See the previously published Law Commission reports from the related reviews: The Justice Response to Victims of Sexual Violence (2015) and The Second Review of the Evidence Act (2019).
Update: Te Aka Matua o te Ture | the Law Commission released terms of reference for the Te Arotake Tuatoru i te Evidence Act 2006 | The Third Review of the Evidence Act in September 2022. The terms of reference state this review will not include amendments to the Act made by the Sexual Violence Legislation Act 2021. This review will include consideration of te Tiriti o Waitangi | the Treaty of Waitangi, ao Māori perspectives on evidence and any matters of particular concern to Māori.
More information
Elisabeth McDonald is giving a public talk on 15 March 2022 about research exploring victim/survivors experience in rape trials without a jury. The open access book (freely available online), In the Absence of a Jury: Examining judge-alone rape trials (forthcoming March 2022), will also be launched at the talk.
Elisabeth McDonald, Paulette Benton-Greig, Sandra Dickson and Rachel Souness previously researched court processes in adult acquaintance rape jury trials to understand the experience of victim/survivors and identify ways to improve court processes. Findings from the first part of this research were published in the open access book, Rape Myths as Barriers to Fair Trial Process: Comparing adult rape trials with those in the Aotearoa Sexual Violence Court Pilot (2020).
The Chief Victims Advisor commissioned research into practices of cross-examination of children and young people as complainants of sexual violence. The report, That’s a Lie - Sexual violence misconceptions, accusations of lying, and other tactics in the cross-examination of child and adolescent sexual violence complainants (2021), shares findings from analysis of 15 transcripts of the cross-examination of young complainants from trials that took place in the Auckland and Whangārei Sexual Violence Pilot Courts. A key finding was that sexual violence misconceptions were pervasive and "...were typically raised to challenge the plausibility of the complainant’s evidence." The report identifies cross-examination practices that contribute to victim distress, victim-blaming and damage to the quality of evidence young complainants provide.
The Ministry of Social Development has recently published a Literature review on international best court support models for victim-survivors of sexual violence (2020). In 2019 the Ministry of Justice published Attrition and Progression: Reported Sexual Violence Victimisations in the Criminal Justice System (2019).
Oranga Tamariki published an evidence brief summarising a review of support services available for children and adolescents who are victims of sexual crimes in New Zealand and internationally in December 2021.
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Oranga Tamariki's new child sexual violence services in limbo, RNZ, 14.03.2022
Oranga Tamariki didn't meet Māori over new sexual violence services, RNZ, 14.03.2022
Study reveals video statements effective in family harm cases, RNZ, 10.03.2022
2 years in prison or $50K fine for ‘revenge porn’ offenders, One News, 03.03.2022
‘Emotionally disturbing’ - Revenge porn victim’s battle for justice, One News, 02.03.2022
Behind the story: The town that backed a child sex abuser, RNZ, 08.03.2022
Calls for sexual consent education to be compulsory in NZ schools, Re:news, 07.03.2022
Advocates want more support for kids in sexual abuse court cases, RNZ, 01.03.2022
Child sex abuse claimants need more support in court - experts, RNZ, 01.03.2022
The town that backed a child sex abuser, RNZ, 28.02.2022
Advocates want more support for kids in sexual abuse court cases, RNZ, 28.02.2022
‘Victim’ or ‘survivor’ — what’s in a name?, Newsroom, 24.01.2022
Harmful sexual behaviour among children in care rising fast, RNZ, 24.12.2021
New sexual violence law gives better protections to survivors in court, Stuff, 15.12.2021
Sexual Violence Legislation Bill, Ministry of Justice news, 15.12.2021
Claims that sexual violence bill will harm Māori are unfounded, Stuff, 01.07.2021
It’s not ‘stealthing’ – it’s rape, The Spinoff, 20.04.2021
Women's Refuge says justice system is failing sexual assault victims, Newstalk ZB, 05.04.2021
Low rape conviction rate shows system is failing - Women's Refuge, RNZ, 04.04.2021
Raped with her boyfriend asleep in the room: 'I felt sick', Stuff, 21.03.2021
The new Elder Abuse Prevention Fund is accepting applications for grants to fund projects that focus on violence prevention among older people in Aotearoa New Zealand.
The closing date for applications is 1 April 2022.
Announcing the new Elder Abuse Prevention Fund, the Office for Seniors |Te Tari Kaumātua said the fund offers one-off grants. Groups can apply for up to $25,000 for projects focused on violence prevention for older people (65 years and older). The Office for Seniors website notes that priority will be given to projects and initiatives that:
- "show collaboration with other organisations and community groups
- include diverse communities within the older population (65+) including Māori, Pacific, ethnic, rainbow, and disabled communities."
See the Office for Seniors for more information including eligibility criteria and the application. It is recommended to contact the Office for Seniors first to discuss your project. You can email them at ofs@msd.govt.nz.
Update: The government has announced the 11 new projects funded from the Elder Abuse Prevention Fund. See the full list of new projects at Te Kari Kaumātua | Office for Seniors.
Related news
In 2021 the UN Independent Expert on the enjoyment of all human rights by older persons, Claudia Mahler, submitted a report on the Human rights of older women: the intersection between ageing and gender. In the section on violence, abuse and neglect, she noted there is insufficient understanding and research on "How the intersection between age and gender compounds and affects risk factors, types of perpetrators, forms and impacts of violence, abuse and neglect." She further noted it is important for laws, policies and awareness-raising campaigns on elder abuse to integrate a gender perspective and consider "...the specific risks and disadvantages faced by women in older age."
She identified specific considerations of the intersection of age and gender in intimate partner violence and sexual violence stating:
"52. Intimate partner violence in later age is often a continuation of abuse lasting many years or even decades. The power and control dynamics in such abusive relationships are also likely to be exacerbated with age owing to accumulated inequalities or new age-related care needs. These elements can result in greater risk of harm and escalation of violence and abuse.
53. Sexual violence against older women has long been hidden because of pervasive taboos and stereotypes and is believed to be significantly underreported. The limited studies on the topic show that the perpetrators are predominantly men, most commonly an intimate partner, a family member or a caregiver. Older women with cognitive impairments or physical care needs appear to be particularly at risk, while their ability to express consent and resist coercion can be more limited. The consequences of sexual violence against older women are often devastating and include serious bodily injury, severe emotional trauma, long-term health problems, loss of independence, moving to a care facility and accelerated death."
She made a number of recommendations for states including:
"(l) Undertake and support more extensive data collection, research and analysis on older women’s experiences of violence, abuse and neglect, including on motivations, circumstances, risk factors and other elements, in order to develop evidence-based prevention and protection measures; ensure that policies, measures and campaigns on violence against women consider the particular vulnerabilities, risks, protection needs and barriers to reporting and access to justice faced by older women; and develop coordinated prevention and response procedures as well as ensure appropriate training for social and care workers and law enforcement personnel to protect and support older women at risk of violence and abuse."
Related media
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First Aged Care Commissioner appointed, Beehive media release, 14.02.2022
Office for Seniors announces new fund to help prevent elder abuse in NZ, Stuff, 02.02.2022
Action to Protect Older Women’s Rights Has Stalled in the UN General Assembly, PassBlue, 23.11.2021
Better Later Life Action Plan launched, Beehive media release, 30.09.2021
The bill would amend the Oranga Tamariki Act 1989 by partially repealing the subsequent-child provisions. It would also repeal a redundant information-sharing provision and amend technical errors and ambiguities.
The closing date for submissions on the Oranga Tamariki Amendment Bill is 20 February 2022.
Currently under the Oranga Tamariki Act 1989, a subsequent child is defined as any child, born or unborn, who has a parent who has been convicted of the murder, manslaughter, or infanticide of a child or young person (section 18B(1)(a)) or who has had a previous child or young person removed from their care and there is no realistic possibility that they will be returned to that person’s care (section 18B(1)(b)). Currently, if Oranga Tamariki receives a Report of Concern about a subsequent child, then the subsequent-child provisions apply. These provisions require Oranga Tamariki to either apply to the family court for a care and protection order, or to apply for confirmation that a child is safe to remain with their parents.
According to the call for submissions from the select committee, the Oranga Tamariki Amendment Bill would:
"...partially repeal the subsequent-child provisions. The bill proposes that the subsequent-child provisions would no longer apply to people who have had children or young people previously removed from their care. The subsequent-child provisions would continue to apply to persons convicted under the Crimes Act 1961 of the murder, manslaughter, or infanticide of a child or young person who was in the person’s care or custody at the time of the child’s or young person’s death."
The Explanatory note for the amendment bill states:
"The subsequent-child provisions, which came into effect on 30 June 2016, were intended to introduce an automatic, mandatory response to ensure greater oversight over the safety of subsequent children. However, a first principles review of the provisions in 2019 found that they were not operating in a way that promoted the best interests of children, nor as originally intended."
In addition, the bill would repeal section 66D of the Oranga Tamariki Act 1989. This section provides that a child welfare and protection agency may use information relating to a child or young person to produce, link, or analyse datasets of information and produce combined datasets.
In giving evidence to the Waitangi Tribunal as part of the Tribunal's He Pāharakeke, He Rito Whakakīkīnga Whāruarua | Oranga Tamariki Urgent Inquiry (WAI 2915), former Children's Commissioner Andrew Becroft described the subsequent-child provisions as a "pernicious, misguided and entirely counterproductive provision that should be consigned to the dustbin of history forthwith”, ultimately concluding that the provisions "constituted 'organisational racism'."
When discussing the proposed changes, Minister for Children Kelvin Davis acknowledged that the provisions were in breach of the Treaty. He also noted that they "placed social workers in a difficult situation as they undermined the ability of social workers to work meaningfully with whānau, with hapū, with iwi, and with communities."
Submissions are due by 20 February 2022.
This bill is different than the Oversight of Oranga Tamariki System and Children and Young People's Commission Bill. Submissions on this bill closed on 26 January 2022 which proposed changes to the monitoring and oversight of Oranga Tamariki, including changes to the Office of the Children's Commissioner. For more information, see our news story below.
Update: The Oranga Tamariki Amendment Bill passed its third reading in Parliament on 13 December 2022. It received Royal assent on 16 December 2022, and comes into force the day after receiving Royal assent.
Related news
In December 2021, the government released the report He Purapura Ora, he Māra Tipu - From Redress to Puretumu Torowhānui. The report from the Abuse in Care Royal Commission of Inquiry makes 95 recommendations. From the executive summary the report is:
"about the struggle of many survivors of abuse in care to restore their lives, regain their mana and hold previous and current government of the day, State and faith-based institutions to account for the abuse survivors suffered. It’s about the failures of those institutions to respond to the needs of survivors. This report also looks to the future, to what ‘redress’ should be available to survivors of abuse in care – that is, what is needed to put right the deep harm that has been done to individuals, their whānau and communities through abuse in care."
It is available in English, Te Reo Māori, Easy read and a NZSL video of the executive summary.
In releasing the report, the government announced that work will start on developing a new, independent, survivor-focused redress system stating that "A new redress system will be developed to help implement the recommendations made by the Royal Commission, alongside those who have been affected, their representatives and communities." Work is expected to start on designing the redress system in 2022 with final decisions to be made by Cabinet in mid-2023.
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Advocacy group urges Government to slow down on new OT laws, RNZ, 19.01.2022
OT: Expert warns against stripping Children's Commissioner role, RNZ, 19.01.2022
Are we ready to scrap the role of Children’s Commissioner?, The Spinoff, 19.01.2022
A plea for help, then descent into hell, Newsroom, 28.12.2021
Harmful sexual behaviour among children in care rising fast, RNZ, 24.12.2021
New members to join Oranga Tamariki Advisory Board, Beehive media release, 20.12.2021
Oranga Tamariki slashes size of leadership team, Newsroom, 17.12.2021
Oranga Tamariki underspends by $4m on support for child victims of sexual violence, RNZ, 17.12.2021
Abuse redress long process, Waatea News, 17.12.2021
Aunties take charge for new Oranga Tamariki hub, Waatea News, 16.12.2021
Abuse redress must restore mana, Waatea News, 16.12.2021
Royal Commission inquiry into abuse in care releases interim report on redress, RNZ, 15.12.2021
Nowhere to hide for NZ, a place of abuse and torture, Newsroom, 15.12.2021
Govt finally moves to repeal ‘subsequent child’ uplifts, Newsroom, 25.11.2021
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