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ACC seeks new members for sexual violence advisory panel
ACC is inviting people to submit an expression of interest to join the ACC Sexual Violence Customer Advisory Panel.
Applications are due by 20 July 2023.
ACC has Customer Advisory Panels that support ACC to improve access, experiences, and outcomes for injured people and their families/whānau. One of those panels is the Sexual Violence Customer Advisory Panel.
The Sexual Violence Customer Advisory Panel connects ACC to the voices and needs of survivors of sexual violence and the people who support survivors. The Panel provides strategic, experiential and technical advice to support ACC to strengthen prevention, equity, and services to improve outcomes for survivors and families/whānau.
ACC is seeking new members for the Sexual Violence Customer Advisory Panel who:
- "Are passionate about prevention of and response to sexual violence in Aotearoa.
- Experience working with, or alongside, survivors of sexual violence, iwi, hapū and whānau.
- A sound understanding of the sexual violence sector.
- A sound understanding of the Integrated Services for Sensitive Claims.
- Demonstrate the ability to share a variety of views, concerns, and feedback of others, including those of clients, providers, and suppliers of ACC’s services.
- Have the confidence to actively join in helpful and open dialogue in a group setting."
The call for panellists notes that
"All panellists will have wide knowledge and experience as a leader in the broader sexual violence sector.
This knowledge, experience, and leadership may be through their own experience as a survivor of sexual violence, as a family/whānau member of, or advocate for, survivors of sexual violence, or as an appointed leader and representative of a specific organization related to sexual violence.
Panellists will also be selected to reflect cultural, age, gender, and geographic diversity, with intentional recruitment of members who represent Tangata Whenua, Pasifika, rainbow and takatāpui, and disabled communities."
You can apply online, contact ACC to apply over the phone or submit a video application.
For more information or to apply, see the ACC news story Keeping ACC connected to the communities we serve. Contact ACC with questions at customeradvisoryprogramme@acc.co.nz.
See information about the current Sexual Violence Customer Advisory Panel members and Terms of Reference.
Related news
ACC is evolving and strengthening the way they support survivors of sexual abuse and assault through the Integrated Service for Sensitive Claims (ISSC). This work involves ongoing engagement with stakeholder groups to identify challenges and opportunities to improve outcomes for survivors of sexual violence and to seek input on potential changes to the ISSC. ACC hosts quarterly sessions to share updates and hear from key stakeholders. The next sessions are scheduled for July and November. The July e-update from Te Puna Aonui has an update on this work. See the ACC website to learn more about this work and the quarterly sessions.
NZFVC webinar
The New Zealand Family Violence Clearinghouse is hosting a webinar on Understanding the Safer Online Services and Media Platforms consultation. The webinar will give an overview of the proposed reforms and why this is important for people working in family violence and sexual violence. The webinar will be on Monday 10 July from 12:00pm to 1:00pm. Panellists for the webinar are Anjum Rahman from Inclusive Aotearoa Collective Tāhono, Kate Hannah from The Disinformation Project and Jo Robertson from The Light Project.
See more information about the panellists and register to attend.
Consultation on regulating online services and media platforms
Update: In May 2024, Media reported that the Department of Internal Affairs will not be progressing with the Safer Online Services and Media Platforms programme.
Te Tari Taiwhenua | Department of Internal Affairs (DIA) has proposed changes to the way media and online platforms are regulated in New Zealand to keep people safe online. DIA is inviting feedback on these reforms.
Submissions to the Safer Online Services and Media Platforms consultation close 31 July 2023.
General Manager Policy, Department of Internal Affairs, Suzanne Doig says "Child protection and consumer safety for media and online content is not as strong as it should be in Aotearoa. The existing regulatory system is decades old and predates media platforms such as social media."
Why is reform needed?
The regulatory legislation, including the Films, Videos and Publications (Classification Act) 1993 and the Broadcasting Act 1989, is over 30 years old. It does not cover the range of harms people experience across online services and media platforms.
A key focus of the proposed reform is around protecting children and young people from harm caused by online content. The DIA Frequently Asked Questions also highlights that many people are harmed by online content:
"During the targeted engagement phase of the programme, we also repeatedly heard concerns about how social media is used to harass, bully, or otherwise harm people. This concern was consistent across our engagement with Māori, young people, advocates for children, women, older people, disabled people, LGBTQIA+ communities, and communities that have been or are targets of ethnic, racial and/or religious discrimination.
These are real harms that are happening to New Zealanders. That’s why we need to get these settings right."
Misogynistic abuse and violent threats against women in New Zealand including wāhine Māori was also identified as a significant issue.
The consultation Discussion Document highlights many gaps and issues in the current regulatory system including challenges for seeking help or reporting harmful content:
"New Zealanders must figure out which of five industry complaint bodies to go to if they feel content is unsafe or breaches the conditions of the platform it is on. On top of that, not all forms of content are covered by those bodies. The system is also very reactive because it relies mainly on complaints about individual pieces of content. For most forms of content, we do not have the tools and powers to ensure that platforms are doing what they should to manage the risks of harmful content."
The Discussion Document also highlights that under our current system, behaviour that is illegal is sometimes tolerated online:
"Our current system has legal powers to deal with the most awful and illegal content like child sexual exploitation and promotion of terrorism, regardless of whether it is delivered online or through traditional forms of media such as printed publications. But sometimes content that includes other illegal actions (such as threatening to injure) can be taken less seriously or even amplified online."
The major change in the proposed reform is the way that social media platforms are regulated. Social media content is not consistently regulated in New Zealand. Many platforms have their own systems for dealing with unsafe content, but these are not overseen by a regulatory authority in New Zealand and are often voluntary. The Discussion Document notes:
'Unlike traditional broadcasters, like television and radio, online platforms do not have a single agreed code of standards, ethics, and rules. While platforms have their own policies to manage these harms, it is now internationally acknowledged that they need to be brought into formal regulatory systems to reduce the risk of harm."
What is proposed?
The proposed reform outlines a new way to regulate providers, like social media platforms (such as Facebook, YouTube and Twitter) and traditional media platforms (like radio and TV) under one framework. The focus is on regulating platforms, versus content. The purpose of the reforms is to enhance protections by reducing exposure to harmful content regardless of the platform. The changes would bring all platforms into one framework with consistent safety standards.
The are 4 key elements to the proposed changes. These elements are based on the principle that platforms are responsible for the safety of the products and services they provide. The 4 elements include:
- an industry regulation model that uses codes of practice
- an independent regulator
- continuing to remove and block access to the most harmful content
- investment in education and awareness
The consultation Factsheet explains the different roles in the proposed changes:
- "Parliament will set New Zealand’s expectations for the safety-based outcomes platforms must achieve.
- Codes of practice will set out more detailed minimum expectations for harm minimisation, user protection and transparency across services.
- An independent regulator would be responsible for approving the codes and making sure platforms comply with those codes, as well as funding and finding opportunities for education."
The Discussion Document provides more detailed information about the key elements, different roles and how the codes of practice would work. It also includes 4 appendices that cover more details about the current situation, the principles guiding the work, the rights framework in New Zealand and a comparison table for frameworks in other countries.
DIA is not proposing changes to what is considered illegal in New Zealand. The Discussion Document says:
"The system would retain powers of censorship for the most extreme types of content (called ‘objectionable’ material). This material is already illegal, and it will remain illegal to produce, publish, possess and share."
And it goes on to say:
"The regulator would also have powers to require illegal material to be removed quickly from public availability in New Zealand. These powers exist already for objectionable material. We are proposing that the regulator should also have powers to deal with material that is illegal for other reasons, such as harassment or threats to kill. We seek your feedback on what other kinds of illegal material the regulator should have powers to deal with."
The proposed changes are focused on regulating platforms based on their role in providing a platform for distributing harmful content. The current proposals would significantly affect the functions of the Classification Office, Film and Video Labelling Body and Broadcasting Standards Authority (see page 65 of the Discussion Document).
The Discussion Document also notes:
"Organisations such as Netsafe will continue to help people navigate the new framework, and generally educate people on how to keep themselves safe online. Netsafe would also be an important partner in helping to identify emerging systemic issues for the regulator’s attention, as well as supporting the regulator’s monitoring and public awareness role."
More information
DIA has prepared several documents to explain the changes. This includes:
- a detailed discussion document (90 pages)
- brief executive summary
- factsheet (available in multiple languages)
- frequently asked questions
Most of these documents are available in alternate formats including large print, audio recording and video recording with sign language. You can find all information on the DIA Public Consultation: Safer Online Services and Media Platforms webpage.
DIA is hosting information session webinars. These sessions will explain the proposed changes, how to give feedback and answer questions. There are two sessions remaining on 8 July 2023 and 20 July 2023. Register for the free sessions.
InternetNZ | Ipurangi Aotearoa is hosting a free webinar on the basics of the Safer Online Services and Media Platforms framework on 4 July 2023. Register for the webinar.
DIA has also provided background information and a report summarising key themes from initial targeted engagement, Content Regulatory Review Summary of initial targeted engagement: September 2021 (published April 2022).
Update: See our submission, NZFVC submission to Te Tari Taiwhenua | Department of Internal Affairs Safer Online Services and Media Platforms.
Update: InternetNZ has created short guides about key factors of the Safer Online Services and Media Platforms consultation. This includes information about how the consultation considers Te Tiriti o Waitangi and issues for Māori.
Update: The Institute for Strategic Dialogue published the policy paper Misogynistic Pathways to Radicalisation: Recommended Measures for Platforms to Assess and Mitigate Online Gender-Based Violence in September 2023.
Update: Announcing their 2022/23 Annual Report, the Broadcasting Standards Authority said:
"Urgent and long-overdue reforms are needed to bring outdated laws and regulations into line with today’s broadcasting reality and ensure a sustainable media sector, the Broadcasting Standards Authority says.
It its 2022/23 annual report published today, the BSA emphasises the need for change to the 34-year-old legislation it operates under, to respond to the risks of a fast-changing media landscape."
Update: Te Kāhui Tika Tangata | Human Rights Commission published the independent report, How to improve the Aotearoa New Zealand Code of Practice for Online Safety and Harms? in December 2023. The report looks at how the Code of Practice could be improved to address Te Tiriti and human rights. The Code is a voluntary code signed by Meta (Facebook and Instagram), Google (YouTube), Tiktok, Twitch, and Twitter (now X) to guide how these tech companies manage online harm in Aotearoa. Anjum Rahman, Founder and Project Co-Lead of Inclusive Aotearoa Collective Tāhono, spoke with radio 531pi about the report and issues with the Code. Aliya 'Allyn' Danzeisen, National Coordinator for Islamic Women's Council New Zealand, was recently interviewed about digital responsibility and the part the government needs to play.
The 2023 report from the World Internet Project (NZ) found that 61% of people believed social media companies should be more strongly regulated than they are now. See media outlet The Press's article Most Kiwis spending at least 5 hours a day online but trust in social media low.
How to give feedback
The Discussion Document outlines 26 questions. You can provide feedback on some or all of these questions. You can also provide feedback that is not addressed in the questions.
You can give feedback by:
- submitting the online form
- downloading and filling in a form and sending it to sosmp_consultation@dia.govt.nz
- post to Safer Online Services and Media Platforms Consultation, Department of Internal Affairs, PO Box 805, Wellington 6140
- email to sosmp_consultation@dia.govt.nz.
Questions for feedback are listed in the Discussion Document on pages 12-13. For each question, it lists the page where you can find the relevant information in the Discussion Document.
Comments from community agencies
Anjum Rahman, Co-Lead of Inclusive Aotearoa Collective Tāhono “...welcome[d] the move to an independent regulator that will be protected from political interference by the State or any political actors. ” However, Rahman highlighted concerns saying
“...as the proposal is for the regulator to regulate platforms rather than content, the content regulation is left to industry codes of practice.
"We have been advocating for the past two years to have proper involvement of impacted communities in the development of the Aotearoa New Zealand Code of Practice for Online Safety and Harms administered by NZ Tech. We continue to be of the opinion that this Code will not serve the needs of the communities who need it most.
“To have further codes of practice developed by industry, rather than civil society and communities, will lead to similar results. Any new regulatory structures must include a strong community voice embedded in the model, rather than at the discretion of industry actors."
InternetNZ Chief Executive, Vivien Maidaborn welcomed the consultation saying "It could potentially be one of the most important opportunities in a generation to enable regulation that helps address harmful online content." Maidaborn encouraged communities who disproportionately experience harm to give feedback saying:
“It is especially important that communities that are at most risk have their say. This proposed regulation, and the codes to be developed under it, will not serve those communities unless they are heard during this process.
“Feedback from diverse voices is critical if the government is to get this right and the systems are going to be effective.”
Related news
InternetNZ | Ipurangi Aotearoa published a new report that explores what an ‘Internet for good’ means for people in Aotearoa. The report, An Internet that benefits (July 2023), shares findings from conversations with over 140 people across Aotearoa about their experiences with and aspirations for the internet. InternetNZ commissioned Toi Āria: Design for Public Good and Making Everything Achievable to do this research. The team actively sought to hear from tāngata whenua, Pasifika, people living with disability, LGBQTTQIA+ communities, migrant and former refugee communities and younger people. The report highlights 7 themes:
- "Our Aotearoa context is unique
- The Internet is here to stay
- The Internet is changing us
- The Internet is not safe for everybody<
Auditor-General report
The Office of the Auditor-General (OAG) completed their second audit of Te Puna Aonui, formerly the Joint Venture. This audit focused on how the 10 agencies involved with Te Puna Aonui worked individually, together, and with tangata whenua, communities, and non-government organisations to understand and respond to the needs of people affected by family violence and sexual violence.
The Auditor-General says the agencies are doing a lot of work to understand and address the complex problems of family violence and sexual violence. However, he also called for urgent improvement in how they work individually, collectively, and with others to foster new ways of working, saying:
“I am concerned that, after nearly five years working together under new structures, Te Puna Aonui agencies have not made more progress in the way they operate. This work needs more urgent focus.”
He also said:
“Although individual agencies’ work might improve some current responses to family violence and sexual violence, that work is not consistently supporting the changes needed to achieve the aims of Te Aorerekura.”
The report, Meeting the needs of people affected by family violence and sexual violence (2023), shares the findings from the audit. The report is divided into several parts. Parts 3 - 5 broadly focus on how Te Puna Aonui agencies understand the needs of people affected by violence (Part 3), meet the needs of people affected by violence (Part 4) and address capacity issues that affect their ability to meet the needs of people affected by violence (Part 5).
The report makes 6 recommendations for Te Puna Aonui agencies:
- "work together and with advocacy groups for those affected by family violence and sexual violence to find safe and appropriate ways to hear directly from people who experience or use violence, to improve how responses to family violence and sexual violence are provided;
- support the transformational change set out in Te Aorerekura by working with tangata whenua and community partners to agree on how they will develop and implement a partnership approach and clarify their respective roles, authority, and accountabilities;
- each ensure that they are better connecting work taking place at the national and local levels to support the development of local initiatives and ensure that these initiatives are informing the development of responses to family violence and sexual violence more generally;
- work together and with community partners to agree on legally appropriate and robust protocols for sharing information about incidents of family violence and sexual violence to support responding in ways that best support the individuals, families, and whānau affected. The protocols will need to ensure that people whose information is being collected understand why their information is being collected and who can use that information;
- gather information from their monitoring of programmes and initiatives, share it with communities and non-government organisations, and together use this information to improve existing responses or design new responses; and
- work together and with local initiatives and community partners to identify, prioritise, and manage the capacity constraints that currently affect the ability of the family violence and sexual violence system to respond effectively. Te Puna Aonui agencies, tangata whenua, and community partners could consider including this work in the next action plan for Te Aorerekura."
This report follows the OAG first report, Working in new ways to address family violence and sexual violence published in 2021.
The report is a part of the OAG ongoing work programme on how public organisations are working to reduce family violence and sexual violence.
Update: The July e-update from Te Puna Aonui includes comments from Minister Marama Davidson about the OAG report and a range of updates.
Related news
The Annual Te Aorerekura Hui took place on 14 June 2023. As part of the Hui, Te Puna Aonui agencies and Te Pūkotahitanga recorded video updates on progress. You can view the videos on the Te Puna Aonui website or Te Puna Aonui YouTube Channel. Videos are available from:
- Te Puna Aonui Update - Chief Executive Emma Powell
- Manatū Wahine Update - Dr Kathie Irwin
- Manatū Hauora Update - Deputy Director-General John Whaanga
- Ministry of Social Development - Deputy Chief Executive Marama Edwards, and General Manager Mark Henderson (also see MSD’s role in Te Puna Aonui)
- Ministry of Justice - Secretary for Justice Andrew Kibblewhite
- Oranga Tamariki - Deputy Chief Executive Māori, Darrin Haimoana
- Corrections - Deputy Chief Executive Health Juanita Ryan
- Te Pūkotahitanga - Chair of Te Pūkotahitanga Dr Maria Baker, and members Tā Mark Solomon and Kim Eriksen-Downs
- Social Wellbeing Agency - Chief Executive Renee Graham
- Ministry of Education - Ellen McGregor-Reid, Hautū Te Mahau - Te Poutāhū
- Police - Assistant Commissioner: Iwi & Communities Chris de Wattignar
- ACC - Chief Executive Officer Megan Main, Deputy Chief Executive Tane Cassidy, Sector Partnership Lead Eleanor Butterworth, Injury Prevention Partner Isa’ako Isa’ako, and Manager Māori Health Eldon Paea (also see additional information on the ACC website).
In May 2023 Ara Poutama Aotearoa | the Department of Corrections launched their Implementation Plan (2023) responding to Te Aorerekura: The National Strategy to Eliminate Family Violence and Sexual Violence. In launching the plan Ara Poutama Aotearoa said:
"Our Implementation Plan outlines how we will build on our existing work, recognising that a significant proportion of people on sentences and orders have lived experience of violence. Grounded in mātauranga Māori, the plan acknowledges the need to be driven through the lens of te Ao Māori."
Minister Marama Davidson and Corrections Minister Kelvin Davis spoke with Waatea News about the Ara Poutama Aotearoa implementation plan.
Related media
Make the move - shifting how the public sector can work better with communities - Inspiring Communities, Voxy, 13.06.2023 (see the report, Make the Move – shifting how the public sector works with communities)
World Elder Abuse Awareness Day
World Elder Abuse Awareness Day takes place every year on 15 June.
Te Tari Kaumātua | Office for Seniors has updated their digital resources for raising awareness. They have also developed 3 short videos on the signs of elder abuse and 2 short publications on the signs of psychological abuse and neglect among older people. Minister for Seniors, Ginny Andersen, also shared a video message highlighting the Elder Abuse Response Service.
Age Concern New Zealand raises awareness of elder abuse across the week 15-22 June. Age Concern New Zealand Chief Executive Karen Billings-Jensen says "...we hope that our 'Break the Silence' campaign will encourage more people to speak up about this important issue."
For questions or help, contact the Elder Abuse Response service on 0800 32 668 65, text 5032 or email support@elderabuse.nz, or contact Age Concern at 0800 65 2 105 or contact your local Age Concern for services in your area.
Research on gender based violence later in life
In observance of World Elder Abuse Awareness Day, several UN, WHO and international experts spoke in a webinar on Closing the Circle: Addressing Gender-Based Violence (GBV) in Older Age Policy, Law and Evidence-based Responses. Watch the video recording online and see the concept note for speakers and topics. The webinar addresses gaps in research, funding, policies and legal responses to elder abuse as well as the intersection of ageism with gender based violence.
UN human rights experts also issued a joint statement calling for inclusive data collection to end gender-based violence in old age, saying:
"Gender-based violence does not disappear with age, but often goes unnoticed and under-reported due to gaps in evidence collection. Violence against older women is the result of structural and deep-rooted discrimination and inequality based on the intersection of sex, gender and age."
They also highlight the lack of data of gender-based violence against older lesbian, bisexual, transgender and intersex women.
They further state:
"A narrow age range in data collection therefore renders the lived realities of older women invisible and fails to provide evidence of the challenges they are facing. ...Although some findings indicate that the prevalence of gender-based violence decreases with age, such an assertion could be misleading given data limitations and underreporting of such cases.
"Such an approach results in a significant gap in the understanding of gender-based violence in old age, leading to inappropriate legal and policy protections to tackle these issues, as well as gaps in services available to older survivors.
"Ageism contributes to the increased risk of violence and abuse faced by older women, especially those with disabilities, including physical, psychological, verbal and financial abuse and violence, as well as social isolation and exclusion."
The Canada-based Centre for Research & Education on Violence Against Women & Children highlighted that when abuse is viewed within age-specific limits "...the violence experienced by women who are older is rendered invisible and their voices are silenced" in their newsletter Issues 18: Violence against women who are older (2016).
International research indicates that women continue to disproportionately experience intimate partner violence and sexual violence across their lifespan including later in life. This has significant impacts on their health and wellbeing, as well as increased challenges to accessing help due to the intersection of ageism, ableism, gender based discrimination and other forms of discrimination. Older women's experiences of violence and abuse are also different to younger populations.
Researchers and advocates have been increasingly documenting women's experiences later in life. Below we highlight some of the international research that has explored older women's experiences of violence including intimate partner violence and sexual violence:
- Preventing intimate partner violence against older women (2022) published by Our Watch
- Cumulative contexts of vulnerability to intimate partner violence among women with disabilities, elderly women, and immigrant women: prevalence, risk factors, explanatory theories, and prevention (2022) published in Trauma, Violence and Abuse
- Understanding economic and financial abuse and older people in the context of domestic and family violence (2022) report from the Gendered Violence Research Network at the University of New South Wales
- Initiatives to Support Older Women Who Experience Intimate Partner Violence (2021) published in Violence Against Women
- Breaking the taboo: sexual assault in late life as a multifaceted phenomenon—toward an integrative theoretical framework (2021) published in Trauma, Violence & Abuse
- Violence against older women: A systematic review of qualitative literature (2020) published in PLoS One
- The experiences of intimate partner violence among older women: a narrative review (2019) published in Maturitas
- Abuse and older lesbian, gay bisexual, and trans (LGBT) people: a commentary and research agenda (2019) published in Journal of Elder Abuse and Neglect
- Sexual violence against older people: a review of the empirical literature (2018) published in Trauma, Violence & Abuse
- Survivors in the Margins: The Invisibility of Violence Against Older Women (2015) published in the Journal of Elder Abuse & Neglect.
For research and reports from Aotearoa New Zealand, see this custom search of our library database for older women, older people or elder abuse. The 2019 NZ Family Violence Study | He Koiora Matapopore included people over the age of 50.
Elder Voices is a current research project exploring life for Takatāpui and Rainbow Elders from Hohou Te Rongo Kahukura | Outing Violence and Rainbow Hub Waikato. The team shared early findings at the Cross Agency Rainbow Network (CARN) Conference 2023. Also see Hohou Te Rongo Kahukura | Outing Violence's August newsletter for reflections from attending the CARN conference.
Also see the Family Violence Death Review Committee Input (2023) for the report of the UN Independent Expert on the enjoyment of all human rights by older persons.
You can also search our library database for more research and related issues including post-separation, long term impacts of violence, and cumulative risk and experience of violence.
Our 2022 World Elder Abuse Awareness Day news story, also highlighted UN and WHO reports addressing age, gender and violence.
Update: The United Nations Economic Commission for Europe (UNECE) published a policy brief on Older Persons in Vulnerable Situations in June 2023.
Related news
MSD initiatives related to elder abuse
The Ministry of Social Development (MSD) released an advance notice of an upcoming funding opportunity for service providers to support Māori, Pacific, and Ethnic older people who are experiencing or at risk of elder abuse in the following regions: Auckland, Waikato, Wellington and Canterbury. For more information see the Advance Notice for additional Elder Abuse Response Services in four regions on GETS (reference 27508675). The MSD June 2023 Family Violence and Sexual Violence email update has more information. For questions email socialprocurement@msd.govt.nz. Other recently closed MSD requests for proposals include developing a screening tool for abuse of older people and qualitative research on cultural perspectives on abuse of older people. These requests for proposals closed in early June 2023.
Government response to UN expert report on rights of older persons
The Government released documents in May 2023 responding to recommendations from the United Nations Independent Expert on the enjoyment of all human rights by older persons following her visit in March 2020. The Cabinet Paper - Report of the Independent Expert on the enjoyment of all human rights by older persons: New Zealand Response represents a formal statement of government positions on the human rights of older persons in New Zealand. See more information on Te Tari Kaumātua | Officer for Seniors website.
New research on disadvantage among older people
A new research report used the IDI (Integrated Data Infrastructure) to look at experiences of multiple disadvantage among older people in Aotearoa New Zealand. This was a joint project of MSD, the Social Wellbeing Agency | Toi Hau Tāngata and the Ministry of Health. The report, Older people experiencing vulnerability and multiple disadvantage in New Zealand: A report on the needs of older people (65+) in health, housing, finance, social connection, and access (2023) is available from the Social Wellbeing Agency.
Related media
Age Friendly Fund Now Open, Press Release: Office for Seniors, Scoop, 02.08.2023
Research reveals alarming ageism against elderly within health sector, One News, 21.06.2023
World Elder Abuse Awareness Day (June 15) from Pasefika Proud, 15.06.2023
Ageing in Aotearoa, new findings from the longitudinal study, RNZ, 08.06.2023
Law Commission review of preventive detention and post-sentence orders
Update: The Law Commission has published the Preferred Approach Paper for the review of Public safety and serious offenders: A review of preventive detention and post-sentence orders. The paper sets out their analysis of the issues in the current law, responses to the consultation, and their proposals for reform. The Commission has concluded that the current law that governs preventive detention, extended supervision orders (ESOs) and public protection orders (PPOs) requires significant reform. They are inviting feedback on the preferred approach for reform to help inform our final analysis and recommendations to the Government. Feedback is due 20 September 2024.
Te Aka Matua o te Ture | the Law Commission is reviewing the laws aimed at protecting the public from reoffending risks posed by some offenders who have been convicted of serious sexual or violent crimes.
The closing date to make a submission is 28 July 2023.
The name of the review is Public safety and serious offenders: a review of preventive detention and post-sentence orders | Hapori whānui me te tangata mōrea nui: he arotake o te mauhere ārai hē me ngā ōta nō muri whakawhiu.
The review includes preventive detention, extended supervision orders and public protection orders. These laws allow the detention or supervision of an offender beyond a fixed-term prison sentence. For the court to order detention or supervision, the offender must have been convicted of a qualifying sexual or violent offence and present risks of further sexual or violent offending.
This review was prompted by findings by the United Nations Human Rights Committee in 2017 that the laws governing preventive detention were in breach of the International Convention on Civil and Political Rights. The Law Commission Issues paper also notes that the Court of Appeal has recently held that extended supervision orders and public protection orders breach the prohibition under human rights law against punishing a person twice for the same crime.
The Law Commission review information says:
“The review will consider whether the laws adequately provide for public protection while respecting the human rights of persons subject to detention or supervision. It will consider te ao Māori and te Tiriti o Waitangi | Treaty of Waitangi, especially in light of tikanga Māori approaches towards criminal justice and the over-representation of Māori among those subject to preventive detention and post-sentence orders. It will also focus on ways to improve the coherence and accessibility of the law.”
The Law Commission is seeking feedback on a number of issues. Some of the key issues include:
- whether and how the law could better enable Māori to live in accordance with tikanga and give effect to obligations under te Tiriti o Waitangi | Treaty of Waitangi
- whether the law should have a stronger focus on providing therapeutic and rehabilitative treatment to people who need to be detained or supervised
- human rights of offenders related to arbitrary detention and being punished twice for the same crime
- the eligibility of young adults for indeterminate imprisonment
- criteria for preventive detention, extended supervision orders and public protection orders
- whether the legislative tests for imposing these laws are at the right level of likelihood and severity; and whether theses tests focus inappropriately on certain traits and behavioural characteristics
- limitations of assessments of the risk a person will offend in the future
- conditions on which a person can be managed in the community on an extended supervision order or on parole from preventive detention.
The Frequently Asked questions for this review also has a brief summary of key issues.
The Law Commission has published Issues Paper 51 that outlines the issues and questions for feedback for this review. The Issues Paper Executive Summary provides a short overview and a number of questions for feedback. The Law Commission has also published an easy read format: Issues Paper 51 - Easy Engagement Consultation Paper.
John-Luke Day, Principal Adviser at the Law Commission, said:
“The law should strike the right balance. It needs to keep the community safe by preventing high-risk people from further serious offending. At the same time, it needs to protect the human rights of people who are detained or under supervision."
You can sign up for updates on this review.
How to make a submission
The issues paper has many questions. You do not need to answer all questions. You can comment on or answer questions on select topics.
To make a submission, send feedback to pdr@lawcom.govt.nz or by post to Review of Preventive Detention and Post-Sentence Orders Law Commission, PO Box 2590, Wellington 6140.
Related news
Update: Corrections made changes to their community notification policy, including changes related to sex offenders. The changes are in response to recommendations from an independent report by Dr Gwenda Willis, Independent Review of Ara Poutama’s Community Notification and Engagement Process (2023). The review was prompted by the murder of Julianna Bonilla-Herrera by her neighbour who was on parole following his release from prison 10 weeks prior to the murder. Corrections has accepted all 7 recommendations from the report, including expanding their community notification criteria to include adult sex offenders.
Related media
Laws that lead to 'permanent punishment' need to change - commission, RNZ, 25.07.2024
Pursuit of victim relentless: judge, Otago Daily Times, 24.11.2023
Northland rapist Jessie Heke-Gray has prison sentence reduced, NZ Herald, 09.11.2023
Extended supervision order for man who kidnapped and abused school girl, Stuff, 10.11.2023
Corrections to tell communities about more resident offenders, Stuff, 02.11.2023
Juliana Herrera murder: Corrections vows to improve community notifications, NewstalkZB, 02.11.2023
What to do with some of the worst offenders: Law Commission asks for feedback, Stuff, 08.06.2023
Report on health and disability system approach to violence
He Kaupapa Waka (2022) is the final report of the Māori Expert Advisory Group Report (MEAG) to the Ministry of Health (MOH). The report outlines 10 recommendations to support a holistic, coordinated and whānau centred approach to violence within the health and disability system.
The MEAG was established in 2020 by the Ministry of Health to explore a primary care response to family violence, sexual violence and child abuse and neglect (referred to as FVSV in the report). The MEAG was tasked to advise on training for primary health care and community providers related to screening or routine enquiry for violence. This involved considering whether the Ministry of Health's Violence Intervention Programme (VIP) could be transferred to the primary care and community setting.
The MEAG considered the wider context of violence in communities, in particular for Māori and Pasefika whānau. They write that:
"Although we have kept on task, we note that creating more silos – for example just looking at one part of the health care continuum – is not the right approach. Instead, we see a greater focus on primary health care as essential but requiring wider system level changes and supports."
They highlighted that their main observation is:
"...that primary and community health care have the potential to be powerful sites of FVSV response and intervention, including being able to take a whole-of-whānau approach. But this will require a more coordinated approach to training that is bespoke to primary and community health care. It is also important that Māori models of wellbeing and Kaupapa Māori providers are a central part of this response."
They identified a lack of standardised, holistic or unified approach to screening for FVSV in primary care and they "...found no Māori or Indigenous frameworks used within FVSV training resourced by the Ministry of Health."
Their report explores the current environment, reflecting and drawing on Te Tiriti obligations that have been highlighted in the Waitangi Tribunal’s 2019 Hauora report from the kaupapa inquiry into health services and outcomes, the Mana Wāhine Kaupapa Inquiry, the Health and Disability System Review, Māori children in care and issues around Oranga Tamariki, and the 6th Report of the Family Violence Death Review Committee.
The MEAG held 25 hui with a focus on the voices of Māori, Pasefika and disability groups. The MEAG also attended VIP district health board trainings, consulted with stakeholders, reviewed existing literature and conducted an environmental scan of institutional racism in relation to the health and disability sector.
A number of themes surfaced across their hui and from their in-depth review. The report discusses themes by sharing the insights from the people they spoke to in their hui. The themes covered a wide range including:
- underfunding and under-resourcing for community providers
- each community is unique in their needs, challenges and strengths and universal systems from the former district health boards won’t fit for communities; yet "Bureaucratic processes, and unnecessary central government control, reinforce these one-size-fits-all approaches"
- response should take a life course approach, not limited to single a point in time, and be whānau-centred, taking into account victims, perpetrators the wider whānau involved
- the wider health and disability system is not good at supporting holistic, hauora focused approaches
- tāngata whaikaha Māori and disabled people are marginalised and excluded in the current systems
- providers must work in respectful ways that acknowledge "...there is a history of institutions wielding power and causing harm in the name of ‘protection’"
- historical and current institutional and systemic racism means people feel unsafe to disclose or talk about violence and abuse
- despite Māori and Pasefika providers innovation and expertise in developing culturally safe systems and approaches to victims, providers cultural knowledge is not recognised as expertise and not compensated on par with other specialists
- a common solution was proposed to fund providers to design their own training programmes centred on the needs of their communities
These themes have relevance to not only primary care, but the wider health and disability sector and the VIP currently. For example and most notably:
"The most revealing insight expressed by those we met with throughout our hui is the fundamental and real fear that many wāhine Māori have in accessing DHB health services. The fear is rooted in the belief they will lose their tamariki through the reporting process to Oranga Tamariki.
The fears shared with us reflect an erosion of trust and confidence in the health and disability system by those at the margins of the margins. Our concern is that this prevents people, especially wāhine Māori, accessing health care when they need it. This finding has implications both for the existing VIP training and implementation and any expansion into primary health care."
These findings reflect similar observations from a 2019 Violence Intervention Project Evaluation, undertaken by AUT’s Centre for Interdisciplinary Trauma Research. The evaluation found that:
"Low IPV disclosure rates suggest Māori wāhine do not feel safe in asking for help within VIP services and only do so when all other options are exhausted, compounding their entrapment. […] Compassionate, empathetic and restorative intervention is critical in engaging with Māori whānau. Urgent work is needed to understand the experience of VIP intervention and the contexts in which it is received within to develop services responsive to the realities of living with violence as Māori."
Overall, the MEAG identified 8 key findings (see page 32 of the original report, page 21 of the report released in November 2022):
- "One size does not fit all"
- "The VIP training implemented across DHBs, is not adequately connected to a model of care"
- "There are too many barriers for Māori accessing high quality FVSV supports"
- "Racism, colonisation, and patriarchy play a detrimental role in FVSV, which harms everyone"
- "Health holds a unique place in the prevention continuum"
- "The VIP training is viewed negatively by some because it is seen as merely a step to unlock reporting to Oranga Tamariki"
- "Interpretations of privacy and information sharing rules, risk running counter to human rights and ethical standards"
- "Primary health care is the right setting for early intervention"
The MEAG makes 10 recommendations, listed below in brief. However, the executive summary of the report expands on these in fuller detail.
"1. The Ministry development of a position statement/paper and guidance across family violence, sexual violence, child abuse and neglect, so whānau and families benefit from a truly responsive and holistic health and disability system."
"2. The Ministry works with the Health Quality and Safety Commission on enabling the voice of consumers in the design, development and delivery of models of care."
"3. The Ministry takes immediate steps to address the underfunding of Māori and Pasefika primary health organisations and providers and community NGOs."
"4. Funding be accessed through the Māori Provider Development Scheme or Te Ao Auahatanga Hauora Māori fund1, to enable the immediate development of FVSV training by Māori providers, towards best practice screening interventions to support whānau."
"5. Funding be accessed through the Pasefika Provider Development Scheme to adequately fund for Pasefika providers and other community groups working to address the trauma of FVSV. This funding needs to be targeted to the development of FVSV training towards best practice interventions to support whānau."
"6. The structure, content and delivery of the VIP training be changed to ensure Te Tiriti o Waitangi partnership arrangements are reflected from governance through to management and implementation."
"7. Going forward, in the new health and disability system structure, the VIP training delivered inside hospitals needs to be in direct partnership with local Māori communities."
"8. The content of the VIP training inside hospitals needs to be updated, to include:
• the development of historical trauma informed models of care that include Te Ao Māori and Pasefika perspectives
• moving away from ‘screening to report’ incidences to best practice interventions to support whānau once FVSV has been identified through screening, enabling pathways to recovery for whānau and families."
"9a. Fund Primary health care and community service provider-based training prototypes for family violence, sexual violence, child abuse and neglect (FVSV), ‘screening to support’ training programmes that are designed, developed, and implemented by:
i. Māori health providers, through Kaupapa Māori training for best practice interventions to support whānau once FVSV has been identified through ‘routine inquiry’ or screening, that works for their communities.
ii. Pasefika providers to ensure the protection and validation of Pasefika knowledge.
iii. Providers who work with people with lived experience of disability
iv. Community groups (e.g., those working with new migrant and refugee populations, LGBTQI+ groups, and those working directly with people living at the margins of the margins)."
"9b. This work should be completed within the next two years."
"10a. MEAG to provide oversight of the Kaupapa Māori FVSV training programme development."
"10b. Ensure appropriate oversight of Pasefika and other community-based programmes to ensure the protection and validation of Pasefika and other relevant knowledge. In the interim this support could be provided by the MEAG but more culturally concordant solutions will need to be provided for the longer term."
The report launched in June 2022 by CARE (Center for Culture-Centered Approach to Research and Evaluation). The MEAG note that given the time of publication of the report and the restructuring of the health system, "...where we refer to the Ministry, we encourage readers to consider that the recommendation may, in time, be best carried out by the Māori Health Authority or Health New Zealand."
Hosted by CARE Director Professor Mohan Dutta, members of MEAG, Caroline (Kararaina) Herewini and Te Awhimate Nancy Tait, spoke about the report in a video recording of the report launch.
Related reports
Other reports have also identified the failure of the public sector to provide whānau centred care and support, as well as the ways in which agency responses facilitate entrapment of victims.
The Family Violence Death Review Committee’s 8th report, An ongoing duty to care | He tauwhiro haere te mahi (2023), found that "the actions (or lack of action) of agencies and institutions serve to enhance inequities, rather than providing a context for healing and recovery.”
The Auditor-General’s report, How well public organisations are supporting Whānau Ora and whānau-centred approaches (2023), also found that more generally public organisations were not working in ways that supported whānau.
The Family Violence Death Review Committee’s 7th report | Pūrongo tuawhitu: A duty to care | Me manaaki te tangata (2022), looked at how government agencies have shifted from the ‘caring pathway’ for people who have experienced violence. The report calls for organisations and providers to take a duty to care based on whakapapa, whanaungatanga and manaakitanga to support whānau and families to prevent violence, prevent the escalation of violence and facilitate healing.
Professor Denise Wilson looked at the processes and strategies that Māori wāhine use to keep safe in unsafe partner relationships in her report, E Tū Wāhine, E Tū Whānau: Wāhine Māori keeping safe in unsafe relationships (2019). Speaking with Māori wāhine and tāne, she documented at how negative interactions with agencies and services (including unhelpful staff, judgmental and racist attitudes, and denied entitlements) left wāhine feeling unsafe, defensive, disregarded and discouraged. She highlighted that "Such views and attitudes enable and sustain systems and services that discriminate and entrap them, and the people within them that interact with them in judgemental and racist ways."
The Family Violence Death Review Committee 6th report | Te Pūrongo tuaono: Men who use violence | Ngā tāne ka whakamahi i te whakarekereke (2020) looked at the need for structural changes to address colonisation, trauma and inadequate service responses.
Related news
Two reports have found that Ngā Tini Whetū, a whānau-centred early support prototype involving Te Puni Kōkiri, Oranga Tamariki and ACC, is positively impacting whānau lives and improving the safety and wellbeing of tamariki. Whanau Ora Minister Peeni Henare announced the reports saying:
"Whānau Ora and whānau-centred approaches is about building on the capability and strength of whānau so that they can determine their own goals and aspirations, and then wrapping the support and services around them to achieve those aspirations."
For more information see the related media below or find the full reports on the Whānau Ora Commissioning Agency website, see E Tipu, E Rea, The Collateral Change for Reducing Child Poverty Report (2023) and Ngā Tini Whetū, The Blueprint for System Change (2023). The Family Violence Death Review Committee’s 8th report highlights Ngā Tini Whetū as an example of whānau-led decision-making, but also discusses infrastructure challenges to collaboration that hold back such prototypes from progressing to a business-as-usual approach.
The National Collective of Independent Women's Refuges Inc. has produced a brief guide to help health practitioners think about how to respond to victims of family violence. It highlights that healthcare services are 'a vital referral pathway for family violence." See the booklet, Health at what risk: the role of health practitioners in treating family violence (2023).
Related media
Atawhai shifts family violence response, AUT Media Release, 27.05.2024
Te ao Māori health services more accessible for whānau, Beehive media release, 26.05.2023
'We can achieve wonderful things' - Reducing child poverty for Māori whānau, RNZ, 14.05.2023
Ngā Tini Whetū pilot proves worth, Waatea News, 12.05.2023
Report finds Whānau Ora model is changing whānau lives for the better, Te Ao Māori News, 11.05.2023
Report a blueprint to reduce child poverty, Waatea News, 11.05.2023 (also see the Waatea interview with Minister Peeni Henare)
Tini Whetu a Ministry Collaboration Proves Successful, Te Hiku Media [in Te Reo Māori], 11.05.2023
Community and voluntary sector "on the brink" - ComVoices, Voxy, 18.04.2023
Women abused by partners have increased physical, mental health risks,
Law Commission call for submissions on Evidence Act review
Te Aka Matua o te Ture | the Law Commission is working on their 3rd and final statutory review of the Evidence Act 2006. The Law Commission has published an issues paper and is currently calling for submissions.
The closing date to make a submission is 30 June 2023.
This Te Arotake Tuatoru i te Evidence Act 2006 | The Third Review of the Evidence Act is looking at a number of issues related to evidence in civil and criminal proceedings.
While the scope of the review does not include the amendments to the Evidence Act made by the Sexual Violence Legislation Act 2021, the review does include key issues related to family violence and sexual violence cases.
The review is also considering te Tiriti o Waitangi, including te ao Māori perspectives on evidence.
Issues Paper 50 provides an overview of the issues the Law Commission is considering for this review and includes questions for feedback. The Law Commission has also published a brief summary of the issues paper.
Key issues related to family violence and sexual violence
Chapters 3, 9, 10 and 14 of the Issues Paper raise key issues related to family violence and/or sexual violence. We highlight these below. However, other chapters of the Issues Paper may be relevant to family and sexual violence cases.
Issues related to victims who are compelled or required to give evidence as witnesses
Chapter 3 of the Issues Papers looks at hearsay provisions, including how these provisions relate to victims of family and sexual violence.
Hearsay is when a statement that is made outside the courtroom, such as a police interview, is offered in court without the witness giving that evidence in person in court. Generally, hearsay evidence is not admitted, and witnesses are required to give their evidence in person. This is so witnesses can be questioned about their evidence and so that a jury or judge can observe the witness and assess the credibility of their evidence. Exceptions to the rule against the admitting hearsay include when the witness is ‘unavailable’ to come to court due to a limited number of reasons (for example, having died or cannot be found).
Courts have the power to compel or require witnesses, including victims of family violence or sexual violence, who are not ‘unavailable’ to give evidence in person in court. The court can issue a warrant for a witness to be arrested and brought to court if they do not turn up to give their evidence. The court can also detain in custody a person who comes to court but refuses to give evidence or answer questions.
In the Issues Paper, the Law Commission notes that the law is unclear about when it is possible for a judge to allow a witness to not give their evidence if they are not 'unavailable', but have a good reason for not giving evidence, for example if there are risks to their safety or wellbeing.
The Law Commission refers to the case, Awatere v R, in which a victim of family violence who did not want to give her evidence was declared a hostile witness, and then left the courtroom in a state of distress. In that case, the judge did not arrest or detain her, and allowed her police interview (a hearsay statement) to be offered by the prosecution as her evidence. The Law Commission is seeking feedback on whether an exception to the general rule of excluding hearsay evidence should be made for similar situations, and if so, what the criteria should be.
The Law Commission also identifies an issue with the absence of guidance about how much effort should be required of Police to find a witness before the witness is declared 'unavailable' and the option to allow hearsay statement is considered. The Commission note that this may become an issue more often as Police increasingly have video recordings of at-incident statements and police interviews. The Commission is asking for feedback on whether specific guidance on this point is needed.
Issues related to witness veracity (general honesty)
Chapter 9 looks at veracity evidence. Veracity is defined in the Evidence Act as “the disposition of a person to refrain from lying.” This refers to whether a person tends to be honest rather than whether their evidence is true. The general rule is that evidence about a person’s history of telling the truth or lying may not be offered unless it is 'substantially helpful' in assessing a person’s veracity.
The Law Commission is seeking feedback on whether a single lie or a previous complaint of violence that did not result in conviction should fall under the veracity rule, and whether guidance is needed on the threshold for 'substantial helpfulness'.
Issues related to propensity evidence about defendants
Chapter 10 looks at propensity evidence (section 43 of the Evidence Act). The Evidence Act defines propensity evidence as evidence "...that tends to show a person’s propensity to act in a particular way or to have a particular state of mind." This tends to be evidence that a person has behaved similarly in the past and raises questions about whether that is relevant to assessing the evidence in a particular case.
The Issues Paper outlines 4 issues in this area, including questions about whether evidence that a person was previously tried but acquitted of similar behaviour (prior acquittal evidence) is too prejudicial to admit and whether certain types of behaviour (for example, sexual offending against children) are so ‘unusual’ that they demonstrate a propensity to act in a certain way. The Law Commission seeks feedback on whether these types of evidence should be admissible.
Issues related to cross-examination of victims of family and sexual violence
Chapter 14 looks at three aspects of the trial process related to cross-examination:
Section 88 prevents questions about the complainant's occupation in sexual cases except with permission of the judge. The Law Commission highlights that research from Elisabeth McDonald identified 2 issues with this section. First, compliance is low and complainants are routinely asked about their employment status. Further, the scope of the section might be too narrow and doesn't include related aspects such as whether a complainant is a student, single parent, beneficiary, or evidence about their education or qualifications. The Law Commission is seeking feedback on these 2 issues. The Commission noted that Elisabeth McDonald suggested changes to section 88 in a select committee submission on the Sexual Violence Legislation Bill, but no changes were made at that time.
Section 92 creates a duty on cross-examining lawyers to ask witnesses about any evidence that they will offer which contradicts the witness’ evidence. The duty is intended to ensure that witnesses are given an opportunity to give their perspective on that evidence. Elisabeth McDonald’s research identified that in some cases the duty is resulting in unnecessarily lengthy and distressing cross-examination and may be failing to promote the fairness to witnesses that is intended. These issues were specifically identified in relation to complainants in sexual cases but may also be occurring in family violence criminal cases. The Issues Paper discusses Elisabeth McDonald's research and Isabel Randell's 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).
Section 95 prevents a defendant from personally cross-examining complainants and certain witnesses in cases involving sexual offending, family violence or harassment. In this situation, section 95 also allows the judge to appoint a person to ask questions for the defendant if they are unrepresented (do not have their own lawyer). The Issues Paper highlights there is uncertainty about the interpretation of section 95 and whether the appointed person (usually a lawyer) should only ask the questions that the defendant wants or can also ask the questions they think would be useful. The Law Commission is seeking feedback on whether legislative reform is needed or whether the issue should be resolved through case law.
How to make a submission
The issues paper covers many topics. You do not need to comment on all topics. You can comment on or answer questions on select topics.
You do not need to be a lawyer or legal expert to make a submission. However, given the technical nature of this review, it may be helpful to work with someone who has legal expertise to make sure your feedback has the greatest impact.
The Issues Paper also notes that they "... encourage submitters to provide feedback on both the nature and extent of potential issues in practice as well as preferred reform options. The feedback we receive will be important in our analysis of the case for reform."
To make a submission, you can complete a submission form, or send feedback to evidence@lawcom.govt.nz or by post to The Third Review of the Evidence Act, Law Commission, PO Box 2590, Wellington 6140.
More information
For more information on the review, see the Frequently Asked questions. You can also sign up for updates on this review.
Research from Elisabeth McDonald has looked at these issues. See the following open access books:
In the absence of a jury: examining judge-alone rape trials (2022)
Update: Government responds to final report of Law Commission third review of the Evidence Act 2006
In March 2024, the Law Commission published Te Arotake Tuatoru I te Evidence Act 2006 | The Third Review of the Evidence Act 2006. The Government has since responded, acknowledging the report but making no commitments to address the substantive recommendations made therein. They cited the need for more policy work on this complex area of law and the need to balance the resourcing of such work against the Government’s other priorities.
Related news
Law Commission consultation on restrictions for people at high risk of serious sexual and violent offending
In a separate review process, the Law Commission is looking at the laws that keep the community safe from people at high risk of serious sexual and violent offending. These laws allow the detention or supervision of offenders beyond a fixed-term prison sentence (determinate sentence). For the court to order detention or supervision, the offender must have been convicted of a qualifying sexual or violent offence and present risks of further sexual or violent offending. The Law Commission is reviewing preventive detention, extended supervision orders and public protection orders.
The Law Commission's media release notes:
"The Law Commission’s review was prompted by findings by the United Nations Human Rights Committee in 2017 that the laws governing preventive detention were in breach of the International Convention on Civil and Political Rights. In addition, the Court of Appeal has recently held that ESOs and PPOs breach the prohibition under human rights law against punishing a person twice for the same crime. The decision is currently under appeal to the Supreme Court."
The Law Commission has released an Issues Paper and is inviting feedback by 28 July 2023. The Issues Paper looks at whether the law should be reformed and outlines high-level proposals. The media release also notes that "One important area the Commission is seeking feedback on is whether the law should have a stronger focus on providing therapeutic and rehabilitative treatment to people who need to be detained or supervised."
For more information and a full list of issues that are be considering, see the Public safety and serious offenders: a review of preventive detention and post-sentence orders | Hapori whānui me te tangata mōrea nui: he arotake o te mauhere ārai hē me ngā ōta nō muri whakawhiu.
New information guide for victim-survivors
The Backbone Collective has produced a new resource, Reducing risk and harm when going to Family Court: An information guide for victim-survivors (2023). This guide is designed to inform victim-survivors of family and/or sexual violence about the resources available to help reduce the risk of harm when going to the New Zealand Family Court.
Applications open for Changemakers Fund
The Ministry of Social Development (MSD) has launched a new fund, called the Changemakers Fund. Funding is available for initiatives that promote positive forms of masculinity, challenge harmful gender and social norms, and engage men in healing.
Applications for the Changemakers Fund are due 9 June 2023.
Funding is available for individuals, groups or organisations that are leading change with men in their communities. You can apply for up to $30,000.
The MSD Changemaker Fund application form includes a list of criteria, including "Increases understanding of how gender roles, norms and structures contribute to men’s violence against women." Initiatives need to meet at least 3 criteria to be considered. The full list of criteria is:
- "Engages men in healing and change
- Tells a story of hope and change to other men
- Promotes positive forms of masculinity
- Demonstrates supportive peer relationships
- Demonstrates ways in which men can safely express themselves and grow
- Encourages fathers to be present and engaged with their children
- Gives men permission to safely share, connect and be vulnerable
- Promotes help seeking amongst men in ways that are safe and inclusive
- Offers opportunities for men to learn, practice and create safe relationships
- Increases motivation for men to question their past experiences and behaviours
- Increases community support for safe relationships and positive change
- Increases men’s support for each other to heal, change and seek help
- Increases understanding of how gender roles, norms and structures contribute to men’s violence against women"
The application form highlights that partnering with MSD is a key element.
See the application form for more details.
For questions, contact MSD Senior Advisor Alex Ness at alex.ness003@msd.govt.nz.
MSD also launched a new website, changeispossible.org.nz. It has stories and articles to explore the journey of healing and change.
Feedback invited on Oranga Tamariki disability strategy
Oranga Tamariki has been working on developing a disability strategy. Oranga Tamariki is inviting feedback on the next phase of developing their disability strategy.
Written submissions are due by 9 June 2023.
Individual interviews and group workshops are running now through 13 June 2023.
Oranga Tamariki worked with disabled people, their champions, tāngata whaikaha Māori and care experienced rangatahi to develop a vision and 4 shifts that need to occur. The Vision is:
"The mana of tāngata whaikaha me o ratou toa (disabled people and their champions) is enhanced by meeting their needs, upholding their rights and supporting their hopes and dreams."
The 4 Shifts:
"How we see disability.
Systems work for people.
Disability competent and confident workforce.
Oranga Tamariki is safe and proactive."
Oranga Tamariki has prepared brief documents that give an overview of the vision, shifts and ideas they have heard to achieve the shifts. For a summary see the Oranga Tamariki Disability Vision and Strategy Executive Summary.
Oranga Tamariki has also collected research, reports and feedback from, and about, disabled communities. Oranga Tamariki is sharing this information in research summaries on 5 topics:
- System changes
- Whānau support and connection
- Understanding disability
- Quality services
- Social work practices and policies
The research summaries are available in different formats including New Zealand Sign Language video, Braille ready format, audio file, easy read and large print.
You can give feedback through individual interviews, group workshops or a written submission. Find information and sign up to participate on the Oranga Tamariki website.
For questions email disability.strategy@ot.govt.nz.
You can also sign up for regular updates from Oranga Tamariki on their work to develop a disability strategy.
Update: The Strategy has been approved by the Orangat Tamariki leadership team and Oranga Tamariki is focusing on implementation.
Related research
Te Kāhui Tika Tangata | The Human Rights Commission previously published two reports about the 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, 2021) and Whakamahia te Tūkino kore Ināianei, ā Muri Ake Nei (Acting Now for a Violence and Abuse Free Future, 2021), 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.
The Donald Beasley Institute produced the literature review, Good practice for disabled tamariki and rangatahi in care (2022) for Oranga Tamariki. Drawing on information from Aotearoa and overseas, the literature review centres Te Ao Māori, rights based, and social models of disability and responds to the Oranga Tamariki goals of improving outcomes for disabled tamariki who may require a care and protection placement.
Related news
Prudence Walker has been appointed as the new Kaihautū Tika Hauātanga Disability Rights Commissioner at Te Kāhui Tika Tangata | Human Rights Commission. Read more about Prudence's background in the media release from Te Kāhui Tika Tangata | Human Rights Commission.
The National Collaborative for Restorative Initiatives in Health has released a new national framework designed to support the health and disability sector to mitigate and respond to health care harm in Aotearoa New Zealand.
The UN Special Rapporteur on the rights of persons with disabilities, Gerard Quinn, issued a report on the Transformation of services for persons with disabilities (A/HRC/52/32) in January 2023. The report presents a "...thematic study on reimagining services in the twenty-first century to give effect to the right of persons with disabilities to live independently and be included in the community." In launching the report, the UN Special Rapporteur said:
“States and societies at large must move away from systems that were historically built to provide a material safety net and relegate persons with disabilities to the margins of society.”
Related media
Social education course teaches love, friendship, Otago Daily Times, 25.05.2023
Disabled Ministry plans for up to 2500 new carer employees, Newsroom, 22.05.2023
Government increases support to disabled people, Beehive media release, 18.05.2023
Why people with disability get caught in a poverty trap, The Spinoff, 15.05.2023
Prudence Walker unveiled as new Disability Rights Commissioner, Stuff, 12.05.2023
Enabling New Zealand Sign Language to thrive, Beehive media release, 08.05.2023
Govt seeks assurance over claims disability funding system breaks law, Newsroom, 26.04.2023
Boost to disabled voice as system gears up for transformation, Beehive media release, 12.04.2023
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