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Submissions open on the Human Rights (Incitement on Ground of Religious Belief) Amendment Bill
Update: On 8 February 2023 Prime Minister Chris Hipkins announced that the Human Rights (Incitement on Ground of Religious Belief) Amendment Bill would be withdrawn and the matter referred to the Law Commission.
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The Justice committee is accepting submissions on the Human Rights (Incitement on Ground of Religious Belief) Amendment Bill.
The closing date to make a submission is 2 February 2023.
The bill would amend the Human Rights Act 1993 to include faith-based communities in the existing protections against incitement. The Ministry of Justice noted:
"It is already illegal to publish or distribute threatening, abusive, or insulting words likely to ‘excite hostility against’ or ‘bring into contempt’ any group on the grounds of colour, race, ethnic or national origins.
Those grounds will be extended, in both the civil (section 61) and criminal (section 131) provisions, to cover religious belief."
The legislation is part of the government's work related to laws against incitement of hatred and discrimination in response to recommendations of the Royal Commission of Inquiry into the terrorist attack on Christchurch masjidain in 2019.
Newsroom has published a brief overview of New Zealand's hate speech laws and the proposed changes.
Community and advocate responses
Te Kāhui Tika Tangata | the Human Rights Commission has raised concerns about the proposed legislation, saying:
"Representatives of communities left out of the Government’s plans to tackle incitement have told Te Kāhui Tika Tangata, the Human Rights Commission, they have been left vulnerable by their exclusion."
While the Commission welcomed protection on religious grounds, the Commission called for protections to also "...include speech that incites hostility and hatred based on disability, sexual orientation and gender – in addition to the existing protections for colour, race, ethnic or national origins."
The Commission also highlighted Government responsibilities under Te Tiriti o Waitangi "...to protect Tangata Whenua communities from harmful speech, including takatāpui Māori (LGBTQ+ Māori), tāngata whaikaha (disabled people) and wāhine."
The Commission noted that extending protections for more groups to be able to seek help under the Human Rights Act would not change the legal test or threshold of what is unlawful, saying that "The threshold should not be confused with widening the protection to include the most vulnerable groups."
The Disabled Persons Assembly NZ has also raised concerns that the proposed legislation excludes banning hate speech and incitement of violence against the queer community, women and disabled people. Advocate Shaneel Lal has launched a petition calling for the government to include the queer community, women and disabled people under hate speech law changes.
See further comments from advocates and communities in the related media below.
Minister Allan spoke to Newshub about the proposed changes and the concerns raised by communities and advocates.
Law Commission to look at laws against incitement of hatred and discrimination
The Government has also asked the Law Commission | Te Aka Matua o te Ture to further review protections and legal responses related to incitement of hatred and discrimination. In announcing this work, Justice Minister Kiritapu Allan said:
“Until the Law Commission has done that work, there will be no changes to the definition of groups protected from discrimination, or any changes to how the existing legal regime against incitement operates in terms of thresholds, offences or penalties, as originally proposed.”
The December newsletter of the Law Commission | Te Aka Matua o te Ture noted that Minister Allan referred the following issues to the Commission to review:
"*Protections in the Human Rights Act 1993 for transgender people, non-binary people and people with diverse sex characteristics;
*Legal responses to hate-motivated offending (which is sometimes called “hate crime”);
*Legal responses to speech that expresses hostility towards, or contempt for, people who share a common characteristic (which is sometimes called “hate speech”)."
The Law Commission will do this work in 2 phases. The first phase will look at the protections in the Human Rights Act for transgender people, non-binary people and people with diverse sex characteristics. It will start on 16 January 2023. It will not examine hate speech or hate crime. You can learn more and subscribe for updates on this work on the Law Commission's Sex, Gender and Discrimination project webpage.
Update: In August 2023, The Law Commission published Terms of Reference for Ia Tangata | A Review of the Protections in the Human Rights Act 1993 for people who are transgender, people who are non-binary and people with innate variations of sex characteristics. The Law Commission expects to publish an Issues Paper in mid-2024 and to provide opportunities for public engagement, including submissions.
Update: In July 2023, the UN Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, Victor Madrigal Borloz, released the report Protection against violence and discrimination based on sexual orientation and gender identity (A/78/227). It looks at the impact of colonialism in violence and discrimination based on sexual orientation and gender identity, and how this relates to human rights. The report includes 12 recommendations for UN Member States. An easy to read version of the report is also available.
The second phase will look at Legal Responses to Hate. This project has not yet started. You can subscribe to updates from the Law Commission.
Background
The final report from the Royal Commission of Inquiry into the terrorist attack on Christchurch masjidain was publicly released in December 2020. In the recommendations (section 5.5), the report stated:
"New Zealand’s legal system does not adequately deal with hate crime and hate speech. The current laws do not appropriately recognise the culpability of hate-motivated offending, nor do they provide a workable mechanism to deal with hate speech. Change is required to both the law and New Zealand Police practice (Part 9, chapter 4)."
Part 9, Chapter 4 of the final report looked at areas for improvement in New Zealand's legal framework and Police practice to address hate crime and hate speech. In addition, the Royal Commission also published a paper about the concepts of hate speech and hate crime, New Zealand’s current laws and proposals for change.
In response to the recommendations of the Royal Commission, the Ministry of Justice ran a public consultation in 2021 on 6 proposals on existing law related to incitement of hatred and discrimination, sometimes referred to as hate speech or hate crimes. More than 19,000 submissions were received. The Ministry of Justice has provided a summary of the submissions on proposals against incitement of hatred and discrimination and a summary of the engagement for the consultation.
In December 2021 NZ Police published a report and action plan on improving their response to hate crime. Following the terror attacks on Christchurch masjidain, the Evidence Based Policing Centre held workshops with community groups, Police groups and partner organisations to better understand the incidence and impact of hate crime. Findings were published in the report, Improving our response to hate crime: Views and opinions of our people and our communities (2021). Police also published an Action Plan: Improving our Response to Hate Crime Report (November 2021).
In December 2019 the New Zealand Human Rights Commission published a resource on the legal framework governing hate speech - Kōrero Whakamauāhara: Hate Speech. The resource includes definitions of hate speech and outlines the legal framework in New Zealand and overseas.
Netsafe published research in 2019 about the personal experiences of adult New Zealanders in relation to online hate speech, and comparisons to Australia and Britain.
Related news
The Office of the United Nations High Commissioner for Human Rights (OHCHR) and the Equal Rights Trust published Protecting Minority Rights: A Practical Guide to Developing Comprehensive Anti-Discrimination Legislation (2023). The Foreword notes:
"Based on an exhaustive analysis of international law and extensive consultations with experts from across the globe, it [the guide] provides clear, unequivocal guidance on the laws which States must adopt in order to fulfil their obligations to respect, protect and fulfil the rights to equality and non-discrimination."
The guide covers State obligations, content of comprehensive anti-discrimination law, protection of minority rights, discriminatory violence and hate crime, discrimination and expression, and obligations to address the root causes of discrimination.
In announcing the guide, independent United Nations experts issued the following call to action:
"*We call on all States which have yet to develop comprehensive anti-discrimination laws to make this a priority for the coming year.
*We urge States now developing, drafting or consulting on comprehensive anti-discrimination laws to accelerate the process; and
*We ask States which have enacted laws aiming to provide comprehensive protection to review these in order to ensure that they are effective and consistent with international law, and to ensure effective implementation and adequate remedies."
Related media
Speech as a right to empower, speech as a weapon to silence, The Post, 29.05.2024
Adding gender to the Human Rights Act – what’s the big deal?, The Spinoff, 07.05.2024
Tikanga Māori and the rights and obligations of free speech, E-Tangata, 05.05.2024
Tina Ngata: Why we walked away, E-Tangata, 07.04.2024
Dignity should never be sacrificed on the altar of free speech, Newsroom, 05.04.2024
The rise and rise of intolerance in the online world, The Press, 29.03.2024
Community at heart of hate response, SunLive, 21.11.2023
How an absolutist approach to free speech is obscuring hate speech, Stuff, 23.03.2023
FIANZ asks the Government for hate speech legislation funding, timeline, Stuff, 16.03.2023
Work must continue on hate speech law – Foon, Waatea News, 15.03.2023
Sasha Borissenko: Is enough being done to combat ‘hate speech’?, NZ Herald, 30.01.2023
Police double extremism intelligence unit as election and census challenges near, Stuff, 27.01.2023
When are we going to address misogynistic abuse?, Newsroom, 22.01.2023
Shame on our misogyny: It's no wonder Jacinda Ardern was driven from office, Stuff, 22.01.2023
The Whole Truth: Do female politicians get worse abuse?, Stuff, 21.01.2023
Shaneel Lal: I fear we are entering a decade of war on queer lives, NZ Herald, 31.12.2022
Social media admins on the frontlines of hate speech, Newsroom, 13.12.2022
FIANZ criticises govt for ignoring Royal Commission points on hate speech, RNZ, 12.12.2022
Hate speech legislation 'cherry picking' human rights, Stuff, 10.12.2022
Hate speech law too narrow says Kerekere, Waatea News, 29.11.2022
Our rainbow community is under attack, I am asking you to pay attention, Stuff, 27.11.2022
European men the worst offenders for digital harm - Police data, Newshub, 27.11.2022
Shaneel Lal: Hate speech ban should extend to queers, women and disabled, NZ Herald, 27.11.2022
Hate-speech backdown is a sign of a govt unwilling to stand by LGBTQ people, Stuff, 23.11.2022
Hate speech change: What it means and why it matters, Stuff, 22.11.2022
Capitulation on hate speech the worst of all worlds, Newsroom, 21.11.2022
Hate speech reforms drastically watered down, Newsroom, 18.11.2022
Submissions open on Sale and Supply of Alcohol Amendment Bill
Update: The Sale and Supply of Alcohol (Community Participation) Amendment Bill passed its third reading in August 2023.
The Justice Committee is calling for public submissions on the Sale and Supply of Alcohol (Community Participation) Amendment Bill.
The closing date to make a submission is 12 February 2023.
The purpose of the bill is "...to improve communities' ability to influence alcohol regulation in their area by making targeted changes to the alcohol licensing process provided for in the Sale and Supply of Alcohol Act 2012."
Justice Minister Kiritapu Allan introduced the bill in December 2022. She said:
"This Bill implements the first phase of alcohol reforms and will give power back to the community. The changes will address three persistent issues identified by local communities:
*Difficulties in adopting and applying local alcohol policies (LAPs)
*The excessive limits placed on who can object to licence applications, and
*The legalistic and adversarial nature of alcohol licensing hearings."
In October 2022, Minister Allan announced the plans for reform and said:
"These amendments are just the first steps in fixing alcohol laws. The Government will be doing future work to look at licensing structures and processes, marketing and sponsorship, pricing, and changes to ensure the law is responsive to new products and retail models."
Minister Allan has said that she will consider the Government’s plan for the second phase of alcohol reforms early this year.
One News interviewed Minister Allan about the alcohol reform plans.
Hāpai te Hauora and Alcohol Healthwatch welcomed the bill. Executive Director of Alcohol Healthwatch, Dr Nicki Jackson said:
"For any person, or organisation serving their communities, wanting to have a say about how alcohol is sold in their neighbourhood, this Bill paves the way for more meaningful and fair contribution. We’re pleased to hear the calls of the community answered and respected."
See the related media below for more information and comments from advocates.
Update: Prime Minister Chris Hipkins has announced that the government will postpone the second phase of reforms, with the media release noting:
"Deferring advice on the second part of legislation looking at alcohol reform that relate to pricing, sponsorship and advertising. This will now be pushed back to April 2024, rather than come to Ministers in March this year."
Chlöe Swarbrick and Rebecca Williams, the Executive Director of Alcohol Healthwatch, spoke to Today FM about the announcement to delay the second phase of reform.
More information
The bill is different to Chlöe Swarbrick's Member's bill, Sale and Supply of Alcohol (Harm Minimisation) Amendment Bill. This bill had its first reading and debate on 7 December 2022, but debate was not finished before Parliament adjourned for the holidays. For more information about how Swarbrick's Member's bill is different, see the Conversation article Why New Zealand must consider restricting alcohol sponsorship of broadcast sports as part of a wider law reform and the NZ Herald article Green MP Chloe Swarbrick forces Government's hand on alcohol reform.
For more information about the link between alcohol and violence, see our bibliography for Alcohol and other drugs and family violence (2015) or search our library under the term alcohol.
Related news
Hāpai te Hauora is calling together marae, hapū and iwi leaders, community activators, public policy advocates and Hauora Māori Kaimahi to wānanga how alcohol policy in Aotearoa can be reimagined when informed by Te Āo Māori. The free event is scheduled to take place 19-20 January 2023 in Auckland. Register to attend.
Related media
Policy purge: Chris Hipkins cuts a swathe of once trumpeted Government projects, Stuff, 13.03.2023
Public, organisations have say on proposed changes to alcohol rules, Stuff, 01.03.2023
Alcohol Harm Reduction w/ Sarah Sneyd, 95bFM, 10.11.2022
Community relief as booze barristers get shut out, Waatea News, 01.11.2022
Law change hope for booze busters, Waatea News, 31.10.2022
Māori blocked from waipiro decisions, Waatea News, 21.10.2022
Why we want to see an end to alcohol sponsorship, Stuff, 12.10.2022
Reports from reviews of death of Malachi Subecz
Multiple recommendations have been made in reports looking at the death of Malachi Subecz. 5 year old Malachi was murdered by his caregiver in November 2021. At the time Malachi's mother was in prison, and family members raised concerns about Malachi's safety with Oranga Tamariki, but their concerns were dismissed.
Multiple government reviews looked at the events leading to the death of Malachi.
Reports from reviews
Independent review and individual agency reviews
Dame Karen Poutasi was commissioned by 6 government agencies to look at how these agencies were involved with Malachi, his whānau, and his caregiver in the months before his death. Dame Poutasi's final report, Ensuring strong and effective safety nets to prevent abuse of children (2022), identified 5 critical gaps in the system:
• "In identifying the needs of a dependent child when charging and prosecuting sole parents through the court system.
• In the process for assessing the risk of harm to a child, which is too narrow and one dimensional.
• In agencies and their services not proactively sharing information, despite enabling provisions.
• In a lack of reporting of risk of abuse by some professionals and services.
• In allowing a child to be invisible. The system’s settings enabled Malachi to be unseen at key moments when he needed to be visible."
Dame Poutasi also made 14 recommendations. In a media statement Dame Poutasi highlighted 4 of these recommendations: improving information sharing across agencies and authorities, mandatory reporting, vetting of proposed carers when a sole parent is arrested and/or taken into custody and greater priority to increasing multi-agency, iwi, and NGO partnerships in regions and communities.
For more information see the Q&A for Dame Poutasi's review. The individual government agencies who commissioned the independent review, also carried out reviews or reports of their processes. This includes:
- New Zealand Police completed a Police Family Violence Death Review (PFVDR)
- Ministry of Health completed a review and published an update on their review
- Ministry of Social Development provided a report about their interactions
- Department of Corrections published a media release and a summary of the report from the independent Corrections Inspectorate
- Ministry of Education has shared a memo outlining a review of Malachi's childcare centre.
Also see the Oranga Tamariki practice review from the Office of the Chief Social Worker.
Office of the Chief Social Worker review
The Chief Social Worker at Oranga Tamariki, Peter Whitcombe, completed a practice review. The report, Ko te huarahi pono, ka wātea, kia whakamarama, kia whakatika | The correct path in clearing, to understand and make right (2022) is the report from the review. The brief summary of the practice review lists key issues that were identified and changes to Oranga Tamariki practice that are being actioned.
The Oranga Tamariki Leadership Team - Te Riu, has also published the management response to the Chief Social Worker Practice Review (2022). Chappie Te Kani, Chief Executive of Oranga Tamariki, issued a media statement about actions that Oranga Tamariki is taking in response to the practice review.
Ombudsman opinion in response to complaint from family
The Chief Ombudsman, Peter Boshier, received a complaint from Malachi Subecz's family members about the actions of Oranga Tamariki in relation to Malachi's death. After investigating the complaint, Peter Boshier has issued an official opinion. In his report, Chief Ombudsman's opinion under the Ombudsmen Act - Malachi Subecz (2022), the Chief Ombudsman concludes:
"46. Oranga Tamariki has acted contrary to its own policies which require the well-being of children and their families to be central to decision-making. Oranga Tamariki does not appear to have fulfilled the bare minimum of the process required to ensure Malachi’s safety. For the reasons set out above I have formed the opinion that Oranga Tamariki has acted unreasonably and wrongly in addressing the report of concern made by Malachi’s cousin.
47. It is also my opinion that Oranga Tamariki has acted unreasonably in providing incorrect information to Malachi’s uncle."
The Chief Ombudsman has also provided a brief summary that highlights the key areas where Oranga Tamariki failed. In his media release, Chief Ombudsman Peter Boshier said Oranga Tamariki failed to take the 'bare minimum" action and "I can only describe Oranga Tamariki’s response as a litany of failures."
Update: Aroturuki Tamariki, the Independent Children’s Monitor, published report in 2024 on the implementation of the recommendations of Dame Karen Poutasi following the death of Malachi Subecz. Aroturuki Tamariki found that children are no safer in 20204, than when Malachi died. See our library for agency responses and to read the report, Towards a stronger safety net to prevent abuse of children: A review of the implementation of the recommendations of Dame Karen Poutasi following the death of Malachi Subecz (2024). In response to the report, the Chief Children's Commissioner said "...there are still not enough safety nets to protect Aotearoa New Zealand’s children from harm." In response, VOYCE - Whakarongo Mai said "There’s deep frustration and concern from those working closely with care experienced tamariki who say the release of a report from Aroturuki Tamariki, the Independent Children’s Monitor further proves there’s a serious lack of protection for our most vulnerable children." Listen to a Waatea News interview with Arran Jones, Aroturuki Tamariki CEO.
Response from government
In a Beehive media release, Minister for Children Kelvin Davis, outlined the Government's response to the reviews. He noted of Dame Poutasi's 14 recommendations, the Government has fully accepted 9 and will look carefully at the remaining 5 recommendations. The media release states:
"Several recommendations have already, or will soon be actioned including addressing confusion around when information should be shared, multi-agency teams working with the community and the linking of medical records.
The report also highlighted other recommendations, including mandatory reporting and automatic vetting of caregivers when a solo parent is imprisoned. These will need to be looked at in depth by Ministers and Cabinet next year."
See further comments from Minister Davis in TV and radio interviews in the related media below.
The chief executives of the agencies that commissioned the independent review issued a joint chief executive media statement which notes:
"The Chief Executives say some of the report’s recommendations are operational and already being worked on; for example, a project is under way to join up medical records.
They have committed to taking forward other recommendations including ensuring proactive information-sharing across agencies.
Some recommendations would require legislative change before they could be implemented. Chief Executives have agreed to provide advice on these and will report to Ministers in the New Year.
And there are other recommendations – including the introduction of mandatory reporting where there is a high risk of abuse – that will require further consideration and Cabinet approval."
Responses from advocates and experts
Advocates and experts have commented on the recommendations from the reviews:
Legal academic Luke Fitzmaurice-Brown (Te Aupōuri) has written about specific concerns related to the recommendation for mandatory reporting. He notes that some of the recommendations would have significant impacts on Māori such as mandatory reporting, vetting caregivers when a sole parent enters the prison system and compulsory notification to Oranga Tamariki when a caregiver who is not a formal guardian requests a sole parent benefit. He writes:
"In my view, full implementation of the report’s recommendations would probably constitute a further treaty breach."
Social work academic Emily Keddell has also raised concerns about mandatory reporting and has called for both practice focused changes and a strategy to move towards devolution saying:
"What’s needed in this instance, in the short term, is a sharp focus on decision-making about specific types of cases and specific types of information, rather than a wholesale swing towards more intervention. A greater consensus between Oranga Tamariki and those who make reports to them about what kind of reports meet the Oranga Tamariki threshold needs urgent attention. Better communication between reporters and Oranga Tamariki that builds legitimacy and trust is needed. Questions about the balance between national consistency and local knowledge when reports are responded to needs careful deliberation. In the longterm, as we move away from a notify-investigate system towards poverty reduction, Māori control for Māori, and more resourcing for community-based systems of care, we need a clear strategy to manage the transition to community devolution that maintains safety while changing the responsibility for that safety."
Social work academic Ian Hyslop has also raised concerns with mandatory reporting and has cautioned that Child protection must not return to punitive, racist approaches writing:
"Over the past 30 years we have swung between these poles of intervention in child protection practice. We cannot afford a knee-jerk reaction to Malachi’s death - redesigning the system with only the tragedy of this case in mind - because there are too many negative consequences."
Voyce - Whakarongo Mai Chief Executive Tracie Shipton spoke to RNZ about the report saying she was 'underwhelmed' by Dame Poutasi's report. She highlighted that when reading the report, it stood out to her that:
"...nobody spoke to him [Malachi] and nobody took seriously the whānau's voice."
Pillars - Ka Pou Whakahou Senior Mentoring Coordinator Corrina Thompson calls for increased support for children of incarcerated parents, raised concern about mandatory reporting saying
“…however Oranga Tamariki have proven with the tragic case of Malachi that a mandatory report was not necessarily enough, it wasn't enough to protect Malachi. And what we are advocating for is a more wraparound approach that includes a wider village of organisations, preferably those who already know the whānau where there is trust already established. We think that Oranga Tamariki may be part of the answer, but we do not believe it's the full answer on it.”
In an article for E-Tangata, Fitzmaurice-Brown argues that "a narrow focus on individual children is causing more harm than good from a Māori perspective", and that a commitment to decolonisation is needed to shift the system:
“There remains a lack of understanding of things Māori, and an unwillingness to hand over power to hapū and iwi to make decisions under our own authority for the protection of our own children. Our tikanga gives us the authority and the guidance to do that, but those things have been suppressed.
This is a problem of colonisation, and I think it’s important we think about it that way. As Ani Mikaere reminds us, colonisation has always been about more than the theft of land, it has been about recreating the colonised in the image of the coloniser. It robbed Māori of many of our tikanga, including the tikanga of whānau and hapū.”
In relation to the immediate focus, he says
"In the meantime, the current child protection system needs to focus more on whānau. The Whānau Ora report, the Children’s Commissioner’s report and the Waitangi Tribunal inquiry all found that a narrow focus on individual children is causing more harm than good from a Māori perspective.
It’s exactly what John Rangihau and the others said 25 years ago in Pūao Te Ata Tū. Some of the answers have been there for a long time now."
E-Tangata has shared an extract from the Pūao Te Ata Tū report.
See further responses including responses from Malachi's family in the related media below.
More information
For more information see:
- Emily Keddell published an article on Mandatory reporting: ‘A policy without reason’ (2022) in the Aotearoa New Zealand Social Work Journal.
- Emily Keddell, Luke Fitzmaurice, Kerri Cleaver and Daniel Exeter published the article A fight for legitimacy: reflections on child protection reform, the reduction of baby removals, and child protection decision-making in Aotearoa New Zealand (2022) in Kōtuitui: New Zealand Journal of Social Sciences.
- The Family Violence Death Review Committee’s (FVDRC) 7th report: A duty to care | Pūrongo tuawhitu: Me manaaki te tangata (2022) highlights the importance of family and whānau being recognised and listened to as experts in their own lives.
- The Prevention project: supporting whānau and reducing baby removals, is a research project that looked at the contexts, resources, and relationships that contribute to the prevention of baby removal in the Aotearoa New Zealand. The project was led by Emily Keddell (Pākehā), Kerri Cleaver (Kāi Tahu, Waitaha, Kāti Mamoe) and Luke Fitzmaurice (Te Aupōuri). The team has created a number of resources including the Policy Brief: Preventing baby removal in Aotearoa New Zealand.
- Ian Hyslop authored the book A Political History of Child Protection: Lessons for Reform from Aotearoa New Zealand (2022).
- For New Zealand’s current 6th periodic review of implementation of the UN Convention on the Rights of the Child, several organisations have published thematic reports including: Rights of Tamariki Māori in Aotearoa New Zealand (2022) by Te Puna Rangahau o te Wai Ariki | Aotearoa New Zealand Centre for Indigenous Peoples and the Law, New Zealand Indigenous Tamariki Voices (2022) by Hāpai te Hauora Tāpui | Ngā Rangatahi ā Iwi and Children in State Care (2022) by by VOYCE Whakarongo-Mai.
For statistics see:
- The FVDRC published statistics on Child abuse and neglect deaths in Aotearoa New Zealand (2021), noting that “On average, at least 20 children are killed or are directly impacted by a child abuse death each year.”
- Oranga Tamariki published statistics on prevalence of harm to children and protection factors (2022).
- Oranga Tamariki also publishes annual reports on the safety of children in care, including findings of harm for children and young people in care.
Related news
The Oranga Tamariki Amendment Bill passed its third reading in Parliament on 13 December 2022. The legislation includes several of changes including the partial repeal of the subsequent child provisions.
Related media
Coroner rules on violent death of Auckland toddler Malcolm Robert Bell, NZ Herald, 04.03.2023
Oranga Tamariki workers failed to listen to Hastings preschooler abused by parents, RNZ, 21.12.2022
Supreme Court dismisses 'Moana' appeal bid, Stuff, 21.21.2022
OT boss says asking for help OK, Waatea News, 21.12.2022
Aunt and uncle charged in connection with toddler's homicide, Stuff, 20.12.2022
'Moana' decision appealed, may be heard in Supreme Court, Stuff, 07.12.2022
Educational groups at odds over mandatory reporting of child abuse, RNZ, 07.12.2022
Caution needed over mandatory abuse reporting, Otago Daily Times editorial, 05.12.2022
'Hell' at Oranga Tamariki Tauranga office a key factor in Malachi Subecz’s death, Stuff, 03.12.2022
Malachi's mum: 'Do not trust anyone with your kids who aren’t family’, Newstalk ZB, 02.12.2022
Malachi Subecz's death: Chief Ombudsman promises vigilance on Oranga Tamariki, RNZ, 02.12.2022
Kelvin Davis | Minister of Children, Corrections and Maori crown relations, Waatea News, 02.12.2022
Murder puts mandatory reporting under microscope, Waatea News, 02.12.2022
Malachi Subecz: Experts warn mandatory reporting system flawed, RNZ, 02.12.2022
Aunt, uncle of Malachi Subecz 'still in limbo' after his death, One News, 01.12.2022
Malachi Subecz's whānau say report confirms death of five-year-old was preventable, RNZ, 01.12.2022
“A change angel”: Malachi Subecz’s family say his death cannot be in vain, NZ Herald, 01.12.2022
Malachi was never given a voice, VOYCE-Whakarono Mai media statement, 07.10.2022
Northland iwi collective regains decision-making powers over Māori children's care, RNZ, 17.08.2022
Support services for people experiencing violence will still be available over the Christmas break. Contact details for support services are provided on our website.
The Campaign for Action on Family Violence has information about how to support someone you are worried about including what to say, how to help and looking after yourself.
The It's Not Ok Campaign has previously put out these holiday messages:
We hope that you are able to take some time out to be with your whānau, rest and rejuvenate over the holiday break.
We wish everyone a safe, happy and healthy break.
New resources for raising tamariki Māori
The recently published books from the Tiakina te Pā Harakeke project share tikanga and mātauranga for childrearing, with the aim of supporting whānau and growing wellbeing.
Since 2012, led by Leonie Pihama, Tiakina te Pā Harakeke – Raising a Treasured Child has investigated traditional knowledge, beliefs and practices of whānau and childrearing. The project looked at how communities can use these frameworks to support working with child abuse and neglect within whānau. The team focused on childrearing practices developed over generations in Māori communities based on understanding that tamariki are treasured.
Drawing on the mahi of the Tiakina te Pā Harakeke project, 2 books have been published to support whānau and grow wellbeing. The books focus on tikanga and mātauranga for childrearing.
Poipoia ngā tamariki: Māori proverbial sayings related to nurturing children (2022) is a book of more than 60 whakataukī showing traditional understanding and tikanga for raising children. The whakataukī have been selected by Leonie Pihama, Hineitimoana Greensill, Ngaropi Cameron-Raumati, Linda Tuhiwai Smith, Papahuia Dickson, Marjorie Beverland and Awhina Cameron. The book is published and sold by Tū Tama Wāhine o Taranaki. The book is a follow up to Taku Kuru Pounamu published in 2015, which shares a small selection of whakataukī.
Tiakina Te Pā Harakeke: Ancestral Knowledge and Tamariki Wellbeing (2022), edited by Jenny Lee-Morgan and Leonie Pihama, is a collection by Māori writers from throughout the motu about the values and tikanga of Māori childrearing developed by whānau over generations. The book is published by Huia and available from their website and bookstores. See the table of contents (abstracted from Amazon) including authors for each chapter:
- Introduction – Leonie Pihama and Jenny Lee-Morgan
- Taku kuru pounamu: Cherishing our children – Leonie Pihama
- He raranga mātauranga: Weaving ancestral knowledge – Donna Campbell
- Te taonga o taku ngākau: The wellbeing of tamariki within whānau – Leonie Pihama, Naomi Simmonds and Waikaremoana Waitoki
- He mokopuna he tupuna – Ngaropi Cameron-Raumati
- Whakatauākī: Sharing ancestral knowledge through generations – Hineitimoana Greensill, Leonie Pihama and Hōri Manuirirangi
- Oriori: He akoranga tahito: Oriori as knowledge transmission – Glenis Philip-Barbara and Hiria Barbara
- Tūī, tūī, tuituia: Pūrākau to keep us connected – Jenny Lee-Morgan
- Mātauranga-ā-whānau: Intergenerational knowledge transmission through whānau pūrākau – Marjorie Beverland
- Te kura mai i tawhiti: Ancestral knowledge and practice in Kaupapa Māori early years provision – Erana Hond-Flavell, Aroaro Tamati, Will Edwards, Ruakere Hond, Gareth J Treharne, Reremoana Theodore, Richie Poulton and Mihi Ratima
- Aro ki te wairua o te hā: The spirituality of birth – Naomi Simmonds and Teah Carlson
- Raranga wahakura: weaving wellbeing for mokopuna and whānau – Tanya White
- Wahakura and te whare pora o Hine-te-iwaiwa: Delving deeply into te pā harakeke – David Tipene-Leach and Sally Abel
- Oranga mokopuna: Ngā mōtika tangata whenua – Paula Toko King, Donna Cormack and Mark Kōpua
- Whiti-te-rā: A Māori-centred therapeutic approach to wellbeing – Andre McLachlin and Waikaremoana Waitoki.
To learn more about the Tiakina te Pā Harakeke project, listen and watch Leonie Pihama talk about the inspiration for the project in a video from Ngā Pae o te Māramatanga.
To explore this kaupapa more, see the following resources:
Te Taonga o Taku Ngākau: Ancestral knowledge as a framework for tamariki wellbeing project explored mātauranga Māori in the development of evidence-based, cultural interventions to improve the mental health and wellbeing of young Māori. The team published Te Taonga o Taku Ngākau Ancestral Knowledge and the Wellbeing of Tamariki Māori report (2019). Video recordings are available from a mini conference and thought space wānanga about the project including kōrero from Taina Whakaatere Pōhatu, Dr Naomi Simmonds, Dr Waikaremoana Waitoki and Hinewirangi Kohu Morgan.
Traditional Māori parenting: an historical review of literature of traditional Māori child rearing practices in pre-European times (2011) was published by Te Kahui Mana Ririki. The literature review explores Māori parenting practices and the philosophy supporting these practices before 1642. It focused on socialisation and discipline.
E Tū Whānau published Our Ancestors, a series of five resources highlighting how Māori cultural traditions protect wāhine, tamariki and tāne from violence and uphold the mana of all. The topics of the 5 resources are:
- Early observations of whānau
- Our ancestors were loving parents
- Our tāne ancestors were tender fathers
- Our ancestors were innovative, entrepreneurial, problem solvers
- Our wāhine ancestors were strong, influential and valued.
Update: Linda Tuhiwai Smith has published a series of illustrated books for tamariki. The pūrākau talk about difficult issues such as suicide and family violence to help tamariki talk about and process trauma. They are available in both English and Te Reo Māori from Huia Publishers.
Related news: New resources from E Tū Whānau
E Tū Whānau published new values booklets. There are 6 values that sit at the heart of the E Tū Whānau kaupapa: aroha, whakapapa, whanaungatanga, kōrero awhi, mana manaaki and tikanga. Announcing the booklets, the E Tū Whānau Pānui Hakihea 2022 says "These values strengthened and protected our tīpuna, and they continue to fortify and sustain strong, thriving whānau today."
E Tū Whānau created a set of booklets about each of the values. For each value, the booklet gives a Kupu Arataki, talks about key principles and practices, and shares Whānau Kōrero, Whānau Mahi.
Download the booklets from the E Tū Whānau website:
Printed booklets can be ordered in 2023 on the E Tū Whānau website.
Subscribe to E Tū Whānau's pānui to stay up to date with their mahi.
Related media
Pukapuka celebrates beautiful family, Waatea News, 15.06.2023
Picture books help tamariki through trauma, Waatea News, 21.04.2023
The International Day of Persons with Disabilities aims to promote an understanding of disability issues and mobilise support for the dignity, rights and well-being of disabled people. The theme for 2022 is "Transformative solutions for inclusive development: the role of innovation in fuelling an accessible and equitable world."
This year the UN Committee on the Rights of Persons with Disabilities looked at New Zealand's progress on the UN Convention on the Rights of Persons with Disabilities. Following this examination, the UN Committee published their Concluding observations on the combined second and third periodic reports of New Zealand (CRPD/C/NZL/CO/2-3) in September 2022.
The Committee made more than 50 recommendations in their concluding observations. Specific to article 16 of the Convention (Freedom from exploitation, violence and abuse) the Committee raised concerns about the high rates of violence experienced by disabled people, noting the high levels of gender-based violence experienced by women and girls with disabilities, including Māori and Pasifika women and girls with disabilities. The Committee also noted concern that "The National Strategy to Eliminate Family Violence and Sexual Violence is gender-neutral in relation to its focus on persons with disabilities."
In response to these concerns, the UN Committee recommends that (paragraph 32):
"...in close consultation with and with the active involvement of persons with disabilities, in particular women and girls with disabilities, including Māori and Pasifika women and girls with disabilities:
(a) Develop measures to address the high rates of violence experienced by persons with disabilities and to combat all forms of gender-based violence for inclusion within outcome area 4 of the New Zealand Disability Strategy;
(b) Incorporate gender-specific measures for the disability focus within the National Strategy to Eliminate Family Violence and Sexual Violence and ensure specific issues for women and girls with disabilities are mainstreamed throughout the Strategy."
The Committee also raised concerns that disabled people currently in institutional settings experience violence, abuse and neglect that is similar to violence identified through the Abuse in Care Royal Commission of Inquiry. In response, the Committee recommends (paragraph 34):
"The Committee recommends that urgent action be taken to amend legislative and policy frameworks that facilitate violence, abuse and neglect in institutions, to remove persons with disabilities from institutional settings with adequate support for living in the community, to investigate and sanction institutions and perpetrators and to provide victim and recovery support services and redress."
In relation to access to justice (article 13), the Committee raised concerns about the overrepresentation of disabled people in care and protection, youth justice and prison; and the lack of free independent advocacy and legal representation. In response, the Committee recommends that the State party (paragraph 24):
"(a) Develop a disability justice strategy to address the overrepresentation of persons with disabilities in the care and protection, youth justice and prison populations, including by strengthening age-appropriate procedural accommodations, measures to prevent persons with disabilities coming into contact with the justice system, and training on disability rights in the justice and care and protection systems;
(b) Establish and adequately resource free independent advocacy and increase resources for community legal advice services."
The Committee also raised issues in relation to adoption and recommends the State party (paragraph 46):
"(a) Repeal section 8 of the Adoption Act of 1955 and amend the statute to ensure that parents with disabilities are treated on an equal basis with other parents with respect to adoption;
(b) Implement strategies to increase family placements for children with disabilities and to ensure that siblings can remain together in these placements;
(c) Significantly increase and resource comprehensive information, services and supports for children with disabilities and their families to prevent out-of-home placements and placements in institutions, including residential specialist schools;
(d) Take immediate action within Oranga Tamariki (Ministry for Children) to implement the recommendations from the 2020 Ombudsman report, entitled “A matter of urgency”, and increase disability, gender and culturally appropriate expertise, policies and guidelines that adhere to the Convention in order to ensure that newborn babies and children are not removed from parents with disabilities, particularly parents with intellectual disabilities and Māori parents with disabilities, on the basis of impairment."
See the related media below for responses from advocates and the disability community.
More information
The UN Treaty Body Database for the 27th session of the Convention on the Rights of Persons with Disabilities provides access to the reports and documents related to the review. This includes the government's combined 2nd and 3rd periodic reports on the convention, reports from non-government agencies and the report from the NZ Human Rights Commission.
A delegation from New Zealand went to Geneva to present to the UN Committee meeting and answer questions. A video recording of the meeting is available. The Office of Disability Issues | Te Tarī Mō Ngā Take Hauātanga shared a summary of this meeting. The UN press release, Experts of the Committee on the Rights of Persons with Disabilities Commend New Zealand on Establishing the Disability Ministry, Ask Questions on Forced Sterilisation and Assisted Death (August 2022), also summarises the meeting.
The Independent Monitoring Mechanism (IMM) is a group of agencies that has been set up to monitor and report on the Government’s performance on the UN Convention on the Rights of Persons with Disabilities. Before the UN Committee review, the IMM published its third general update, Disability Rights: How is New Zealand doing, Ngā Motika Hauātanga: Kei te pēhea a Aotearoa? (2022). The report notes:
"For disabled people, it is fundamental that they have the same protection from violence and abuse as non-disabled people, and that agencies are positioned to prevent, and respond to the abuse disabled people experience. Monitoring frameworks and audit systems to report violence and abuse need to be accessible and fit-for-purpose."
When launching the report, Chief Ombudsman and IMM member Peter Boshier said:
“In my view, there is still a quantum leap required to remove disparities for disabled people in New Zealand... While the establishment of Whaikaha, the new Ministry of Disabled People, is encouraging, I am mindful that other government agencies still have a responsibility to progress their obligations under the Disability Convention. This report makes clear where government agencies need to focus and ensure agencies give effect to the ‘nothing about us without us’ mantra of the disability community.”
Response from government
Disability Issues Minister Poto Williams welcomed the observations from the UN Committee on the Rights of Persons with Disabilities saying:
"While we have made good progress since the last examination, the feedback will go far in shaping both future initiatives, and the government’s current approaches, such as the New Zealand Disability Strategy and Action Plan, the commitment to partnership in Whaikaha, transforming disability support services using an Enabling Good Lives approach, and the Accessibility for New Zealanders Bill."
The media release also noted that:
"Whaikaha will work with and support other government departments to help them deliver on the UN observations, and to ensure the Convention is incorporated across Government, which was signed in 2008, is adopted in full."
Update: In August 2023, the Government announced that it has agreed to progress 51 of the 60 Concluding Observations of the UN Committee on the Rights of Persons with Disabilities. It also "A further nine observations have been considered and noted." See Whaikaha for more information on the Government response including released Cabinet papers. Te Kāhui Tika Tangata Human Rights Commission expressed Concern that some key UN recommendations for improving disability rights not accepted by the Government.
Related news
Whaikaha - Ministry of Disabled People Chief Executive Paula Tesoriero is hosting online hui on a range of topics. The next session coming up on 15 December 2022 from 6:00 - 7:00pm is focused on Reflecting on our first six months and prioritising for the year ahead. To register email Whaikaha at communications@whaikaha.govt.nz. To hear about future sessions watch the Whaikaha Facebook page or sign up to their newsletters.
Oranga Tamariki is seeking feedback to help develop an Oranga Tamariki Disability Strategy. Oranga Tamariki is holding disability strategy workshops in December 2022 through February 2023 around the country for people to share feedback. There are other ways to give feedback. For more information contact Disability.Strategy@ot.govt.nz. This work is an initiative of the new Disability Advisory Group at Oranga Tamariki. As part of this work, Oranga Tamariki has published 5 research summaries on system changes, whānau support and connection, understanding disability, quality services and social work practices and policies.
Related reports
A new report highlights the "catastrophic failures" by the State to protect disabled and neurodiverse children, young people and adults in care. The report, Tell Me About You (2022), shares 16 stories of abuse survivors’ experiences in State and faith-based institutional care. It was commissioned by the Abuse in Care Royal Commission of Inquiry and prepared by the Donald Beasley Institute. The report is available in alternative formats including audio recordings of the storytellers. In launching the report, Abuse in Care Commissioner Paul Gibson said "Every child, young person and adult has the right to thrive and live their best life. Those abused in care were denied that by the very people and systems that were set up to care for them."
Research has shown that disabled people are more likely to experience intimate partner violence and/or sexual violence in Aotearoa New Zealand. For more information see the articles Lifetime prevalence of intimate partner violence and disability: Results from a population-based study in New Zealand (2021) and Prevalence of nonpartner physical and sexual violence against people with disabilities (2021).
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.
Te Pou, on behalf of Mānatu Hauora Ministry of Health and Whaikaha - Ministry of Disabled People, is leading the Equitable Access to Wellbeing project. The project is working towards improving opportunities and outcomes for disabled people experiencing mental distress. The aim of this work is to provide resources and initiatives that strengthen the workforce to support people with lived experience and their whānau. Te Pou published the Equitable Access to Wellbeing framework (2022). It is a knowledge and skills framework for mental health, addiction, and disability workforces working in primary, secondary, and tertiary contexts. Te Pou is a national workforce centre for mental health, addiction and disability in New Zealand.
Heather Came has published the article, A critical Tiriti analysis of the New Zealand Disability Strategy 2016-2026.
Several international reports and resources have also recently been published:
- Changing the landscape: a national resource to prevent violence against women and girls with disabilities (2022) and Prevention of violence against women and girls with disabilities: background paper by Our Watch and Women with Disabilities Victoria, Australia
- Violence, abuse, neglect and exploitation of LGBTQA+ people with disability: a secondary analysis of data from two national surveys (2022) published by Australian Research Centre in Sex, Health and Society, La Trobe University, Australia
- The nature and extent of domestic and family violence exposure for children and young people with disability (2022), ANROWS Research report Issue 16 and Connecting the dots: Understanding the domestic and family violence experiences of children and young people with disability within and across sectors (2022), ANROWS Research report, Issue 17, Australia
- Global report on health equity for persons with disabilities (2022) by the World Health Organization
- Disability justice and primary prevention webinar Part 1: Moving at the speed of trust (2022), Prevent Connect, USA.
Find more related research, reports and resources by searching our library under the quick topics - disabled people and tāngata whaikaha.
Related media
Government unmoved on 'ableist' immigration policy despite UN critique, Stuff, 29.08.2023
UN expert calls for ‘new philosophy’ to better serve persons with disabilities, UN News, 13.03.2023
'How long must we wait?' Disabled people want stronger accessibility legislation, Stuff, 27.02.2023
Dr Huhana Hickey / What the year has dealt for the disabled, Waatea News, 13.12.2022
Disability rights – back to basics, Wairarapa Times-Age, 11.12.2022
Greens call on every party to improve accessibility, Green Party press release, 05.12.2022
Like 'drinking from a fire hose' says Whaikaha boss of new role, Stuff, 03.12.2022
Care of disabled people a 'catastrophic failure', report finds, Stuff, 03.12.2022
'What we did to disabled children and their families was beyond wrong', Stuff, 03.12.2022
Minister acknowledges pain caused by justice gap for people with disabilities, Newsroom, 11.10.2022
UN disability rights experts concerned with NZ progress, call for urgent action, Stuff, 19.09.2022
UN committee 'concerned' NZ Government ignoring disability rights' advice, Stuff, 27.08.2022
United Nations to review progress for disabled New Zealanders, Beehive media release, 21.08.2022
UN report on violence against women and girls in digital contexts
The United Nations Secretary-General published a report for the 77th session of the UN General Assembly.
The report, Intensification of efforts to eliminate all forms of violence against women A/77/302 (2022), focuses on "...the urgent need to address violence against women and girls in digital contexts" and the broader work to eliminate violence against women in the context of the COVID-19 pandemic.
The report states that:
"...The coronavirus disease (COVID-19) pandemic exemplified how crises exacerbate the drivers of violence against women and create barriers to accessing essential services as resources are diverted to respond to the emergency. The pandemic exposed pre-existing gaps in responses to survivors and stalled progress in prevention."
Specifically, it states that violence against women and girls in digital contexts escalated, noting that:
"As lives shifted online for work, school, access to services and social activities, reports emerged of a surge in violence against women and girls in digital contexts."
Key points from the report in the overview of online violence include:
- There are many forms of violence against women in digital contexts which spans sexual harassment, intimate partner and domestic violence, trafficking and more. This violence "...often occurs as part of a continuum that is connected to offline violence."
- There is no internationally agreed definition of violence against women in digital contexts (the report highlights the definition from the UN Special Rapporteur on violence against women in her report on online violence against women and girls, A/HRC/38/47).
- New forms and patterns of online violence continue to evolve as technology evolves and these "... continue to multiply in a context of rapidly expanding digitalization, accelerated by the pandemic."
- New forms of violence have been made worse by the growth of artificial intelligence, and increasing numbers of extremist groups and incels engaging in online harassment.
- Studies show that online violence against women and girls often precedes offline violence against women and girls.
- Prevalence is hard to measure with no agreed international definition nor method of measurement. The report cites a global study and country specific studies that indicate more than 30% of women personally experience online violence.
- Young women and girls are at increased risk for being targeted with online violence. While men are also victims, the gender differences for online violence are similar to those as violence in the physical world with women and girls more likely to experience gendered violence.
- Ethnic women, indigenous women, lesbian, bisexual and transgender women, and women with disabilities are at greater risk for experiencing online violence.
- Online violence causes significant harm and impacts on women's participation in public life.
In discussing the drivers, the report states:
"Although the patterns and forms of violence against women in digital spaces can be unique, they are part of the continuum of multiple, recurring and interrelated forms of violence across online and offline spaces. Many forms of violence occurring offline are replicated and intensified in digital spaces. Digital spaces reflect, reinforce and exacerbate systemic structural gender inequality, deep-seated cultural and social norms as well as patterns of harmful masculinities that drive all forms of violence against women.
The report identifies several areas where change is needed. It highlights that current laws do not have clear and consistent definitions, and have not kept pace with technology and different forms of online violence. It further states that "Even when laws are in place, law enforcement personnel often do not treat online violence as seriously as physical violence and lack the skills and capability to identify and respond appropriately to such violence." Self-regulation and voluntary measures for technology providers have issues with weak enforcement and lack of sanctions, accountability and independent oversight.
The report identifies and outlines action needed to drive change in 4 areas:
- Consistent laws, regulatory frameworks and effective implementation
- Responsibility of technology intermediaries to prevent and respond
- Improving data and transparency
- Developing partnerships between governments, technology providers and women’s rights organisations.
Within these areas the report calls for systems that "...ensure safe and accessible reporting pathways, support and responses for women who experience violence and abuse."
The report highlights that state obligations to protect human rights have been clearly outlined in the UN Special Rapporteur's report on online violence against women and girls, A/HRC/38/47. The report further notes that rights of digital users have been used to challenge human rights protections and states:
"Nevertheless, the right to freedom of expression cannot be invoked to justify language or other forms of expression designed to incite discrimination, hostility or violence, including online violence against women and girls."
The report concludes with 7 broad recommendations for states and technology intermediaries, and it also notes that the upcoming 67th Session of the Commission on the Status of Women provides an opportunity for strengthening normative frameworks to address violence against women and girls in digital contexts.
UN Women published the policy brief Accelerating efforts to tackle online and technology-facilitated violence against women and girls (2022). The brief summarises global data and research about online violence. It also highlights examples from other countries and concludes with a more detailed list of recommendations for the UN system, states and the technology sector.
Update: UN Women published several documents related to technology facilitated violence against women including:
Technology-facilitated violence against women: Taking stock of evidence and data collection (2023)
Brief: The state of evidence and data collection on technology-facilitated violence against women (2023)
Recent research from Aotearoa and Australia
Researchers interviewed 25 victim-survivors in Aotearoa New Zealand about their experiences of image-based sexual abuse. The participants, mostly women, described a range of experiences of image-based abuse with 68% of participants reporting the perpetrator was a partner or former partner, and for 52% of participants, there was a pattern of abuse and controlling behaviours. Few participants reported the abuse to police and some victim-survivors talked about receiving hostile and negative reactions after they disclosed their experiences to friends, family and others. The authors examined the limitations of the Harmful Digital Communications Act for addressing the experiences of the victim-survivors, noting "...the inadequacies of the legal framework for responding to the diverse experiences of image-based sexual abuse." Victim-survivors also identified a range of desired justice outcomes and responses, but all agreed on the "...importance of justice, redress and support – through formal justice avenues, such as police, or civil or criminal proceedings, as well as through more informal support avenues such as victim advocacy services or family, whānau, friends, workplaces or schools." The findings from the research were published in the article ‘Devastating, like it broke me’: Responding to image-based sexual abuse in Aotearoa New Zealand (2022) published in the Criminology & Criminal Justice journal. The research was part of a larger study about the experiences of victim-survivors of image-based abuse in Australia, New Zealand and the UK.
Researchers in Australia have published findings from their first nationally representative survey of the prevalence, nature and harms of technology-facilitated abuse. The study surveyed 4,562 adults in Australia and included interviews with 20 adult victim-survivors and 10 perpetrators. The study found that half of Australians will experience technology-facilitated abuse in their lifetime. Reports, factsheets and a recorded presentation highlight the findings from the Technology-facilitated abuse: Extent, nature and responses in the Australian community project. Also see the brief article, Half of Australians will experience technology-facilitated abuse in their lifetimes: new research (2022), from media outlet The Conversation.
The Australian Institute of Criminology published, Image-based abuse: Gender differences in bystander experiences and responses (2022), a brief summary of findings from a survey of 245 Australian adults about their experiences of witnessing image-based abuse as a bystander.
Related international news
The Platform of Independent Expert Mechanisms on Discrimination and Violence against Women (EDVAW Platform) has also recently published a thematic paper on the digital dimension of violence against women. This thematic paper was adopted by the EDVAW Platform at its 14th meeting held online on 17 November 2022, under the presidency of the Council of Europe Expert Group on Action against Violence against Women and Domestic Violence (GREVIO). It gives an overview of the nature, scale and impacts of online and technology-facilitated violence against women. It also looks at related international mandates, and approaches, promising practices and challenges in addressing the digital dimension of violence against women.
The World Health Organization (WHO) published the report What works to prevent online violence against children (2022). The report presents ways to address the keeping children safe online with a focus on 2 forms of online violence: child sexual abuse including grooming and sexual image abuse and cyber aggression and harassment in the form of cyberbullying, cyberstalking, hacking and identity theft. For more information see WHO infographics about online violence against children and the WHO factsheet violence against children.
The UN Working Group on discrimination against women and girls published the report Girls’ and young women’s activism - Report of the Working Group on discrimination against women and girls, A/HRC/50/25 (2022). As part of this work, the Working Group created an interactive website that draws on the report focused on Making sure girls and young women are always heard.
Related media
Filmmaker Rosie Morris on the reality of deepfake porn, RNZ, 04.11.2023
Māori tech solutions are key to helping those scammed online, Te Ao Māori News, 01.11.2023
Indigenous women share racist online experiences at conference, Te Karere TVNZ, 29.10.2023
Amokura Panoho | Member of Te Pūkotahitanga, Waatea News, 25.10.2023
'Rampant' increase of digital harm on indigenous women, conference told, Stuff, 25.10.2023
The harsh and unregulated reality of online safety for indigenous women, NZ Herald, 25.10.2023
Abuse warning from Davis as women step up, Waatea News, 24.01.2023
Bright Sky NZ: How apps could help address our family violence problem, The Spinoff, 23.01.2023
Calls to ban violent offenders from dating apps in Australia, One News, 23.01.2023
Scope of revenge porn law too narrow, no care offered to victims - advocate, RNZ, 09.12.2022
Anti-revenge porn campaigners want more law changes, RNZ, 09.12.2022
Leaders push back against sexist, racist abuse online, Newsroom, 06.12.2022
Twitter snubs Netsafe, NZ white nationalist group rejoins, NZ Herald, 02.12.2022
Independent review finds systemic racism at InternetNZ following Māori threat video, RNZ, 29.11.2022
Internet NZ apologises to Māori after fallout over racist video, Stuff, 23.11.2022
Experts concerned over the rise of deepfake technology, Newshub, 29.10.2022
UN committee calls for states to take action
The UN Committee on the Elimination of Discrimination against Women (the Committee) issued a General Recommendation which addresses states' obligations for the rights of Indigenous Women and Girls under the Convention on the Elimination of All Forms of Discrimination against Women (the Convention).
General Recommendation No. 39 (CEDAW/C/GC/39) "identifies and addresses different forms of intersectional discrimination faced by Indigenous Women and Girls, and their key role as leaders, knowledge-bearers, and culture transmitters within their peoples, communities, families, and society as a whole."
The Committee identifies patterns of discrimination, including gender-based violence, and the factors that make discrimination worse, including a lack of access to justice.
They highlight that discrimination is often intersectional. The Committee calls on States to consider the full depth and diversity of Indigenous women's identities and the importance of Indigenous women's connection to their peoples, lands, natural resources, and culture. In paragraph 3 of the General Recommendation the Committee states:
"Intersectional discrimination against Indigenous Women and Girls must be understood taking into consideration the multifaceted nature of their identity. As Indigenous Women and Girls, they face discrimination and gender-based violence frequently committed by state and non-state actors. These forms of violence and discrimination are widespread and often remain in impunity. Indigenous Women and Girls also often have an inextricable link and relation to their peoples, lands, territories, natural resources, and culture."
In paragraphs 4 and 5, the Committee provides a more detailed explanation of the approach that States should take to prevent and address discrimination. It also says States must take an approach that:
- has a gender perspective
- is intersectional
- is intercultural
- is multidisciplinary.
The Committee examines a number of human rights and outlines specific obligations and recommendations for States under each human right. The rights addressed include:
- Equality and non-discrimination, with a focus on Indigenous women and intersecting forms of discrimination
- Access to justice and plural legal systems
- Prevention of and protection from gender-based violence against Indigenous women and girls
- Right to effective participation in political and public life
- Right to education
- Right to work
- Right to health
- Right to culture
- Rights to land, territories and natural resources
- Rights to food, water and seeds
- Right to a clean, healthy and sustainable environment.
Specific to the prevention of and protection from gender-based violence, the Committee states:
"Gender-based violence against Indigenous women and girls undermines the collective spiritual, cultural and social fabric of Indigenous Peoples and their communities and causes collective and sometimes intergenerational harm."
The Committee calls for legal systems and services that respond to Indigenous women's experience of violence saying:
"States should have an effective legal framework and adequate support services in place to address gender-based violence against Indigenous Women and Girls. This framework must include measures to prevent, investigate, punish perpetrators, and provide assistance and reparations to Indigenous Women and Girls who are victims, as well as services to address and mitigate the harmful effects of gender-based violence."
The Committee notes that this applies to all levels of the legal system and the many organisations and individuals involved in the legal system saying:
"This general obligation extends to all areas of State action, including the legislative, executive, and judicial branches, at the national, regional and local levels, as well as privatized services. They require the formulation of legal norms, including at the constitutional level, and the design of public policies, programs, institutional frameworks and monitoring mechanisms, aimed at eliminating all forms of gender-based violence against Indigenous Women and Girls, whether committed by State or non-State actors."
There are 9 recommendations specifically addressing gender-based violence for state parties. See the full text of these recommendations below.
These are part of 69 total recommendations identified by the UN Committee "calling on states to immediately develop and implement comprehensive policies to better protect the human rights of Indigenous women and girls everywhere." Many of the recommendations from the other human rights categories relate to violence against Indigenous women.
Recommendations addressing the Prevention of and protection from gender-based violence against Indigenous women and girls:
"(a) Adopt and effectively implement legislation that prevents, prohibits, and responds to gender-based violence against Indigenous Women and Girls incorporating a gender, Indigenous Women and Girls, intersectional, intercultural, and multidisciplinary perspective, as defined in paragraphs 4 and 5 of this General Recommendation. Legislation and its implementation should also adequately consider the life cycle of all Indigenous Girls and Women, including those with disabilities;
(b) Recognize, prevent, address, sanction, and eradicate all forms of gender-based violence against Indigenous Women and Girls, including environmental, spiritual, political, structural, institutional, cultural violence, and that attributable to extractive industries;
(c) Ensure that Indigenous Women and Girls have timely and effective access to both non-indigenous and indigenous justice systems, including protection orders and prevention mechanisms when needed, and the effective investigation of cases of missing and murdered Indigenous Women and Girls free from all forms of discrimination and bias;
(d) Repeal all laws that prevent or deter Indigenous Women and Girls from reporting gender-based violence, such as guardianship laws that deprive women of legal capacity or restrict the ability of women with disabilities to testify in court; the practice of so-called “protective custody”; restrictive immigration laws that discourage women, including migrant and non-migrant domestic workers, from reporting such violence; and laws allowing for dual arrests in cases of domestic violence or for the prosecution of women when the perpetrator is acquitted;
(e) Ensure that support services, including medical treatment, psychosocial counselling, professional training, as well as reintegration services and shelters are available, accessible, and culturally appropriate for Indigenous Women and Girls who are victims of gender-based violence against women. All services should be designed with an intercultural and multidisciplinary approach, as described in paragraph 5 of this General Recommendation and be vested with sufficient financial resources;
(f) Provide resources for Indigenous Women and Girls survivors of gender-based violence to have access to the legal system to report cases of gender-based violence against women. These can include transportation, legal aid and representation, and access to information in their own indigenous languages;
(g) States should act with due diligence to prevent all forms of violence, inhumane treatment, and torture against Indigenous Women and Girls who are deprived of liberty. States must ensure that when these events do occur, they are appropriately investigated and sanctioned. States should also adopt measures to ensure that Indigenous Women and Girls deprived of liberty know where and how to report these incidents. States should also prioritize policies and programs to promote the social reintegration of Indigenous Women and Girls deprived of liberty, respecting their culture, views, and languages;
(h) States must adhere to their obligations under international human rights law and international humanitarian law in situations of armed conflict, including the prohibition of all forms of discrimination and gender-based violence against civilians and enemy combatants, and harm to land, natural resources, and the environment; and
(i) Systematically collect disaggregated data and undertake studies, in collaboration with indigenous communities and organizations, to assess the magnitude, gravity, and root causes of gender-based violence against Indigenous Women and Girls, particularly sexual violence and exploitation, to inform measures to prevent and respond to such violence."
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Mana Wāhine Kaupapa Inquiry
In December 2018, the Waitangi Tribunal formally initiated the Wai 2700 Mana Wāhine Kaupapa Inquiry into historical and contemporary claims of prejudice to Māori women arising from Crown breaches of Te Tiriti o Waitangi. In the claimants’ view, the central question is the denial of the inherent mana and iho of wāhine Māori and the systemic discrimination, deprivation and inequities as a result.
Six tūāpapa (foundational/contextual) hearings were held in 2021 and 2022 throughout Aotearoa. According to the Manatū Wāhine | Ministry for Women, the next step in the Inquiry is research that will form the basis of the evidence that the Waitangi Tribunal will consider in the substantive phase of hearings. The Tribunal will commission 7 research projects. The Mana Wāhine Joint Research Committee is also facilitating projects in 6 research areas independent of the Tribunal. The Joint Research Committee is comprised of representatives from the Mana Wāhine claimant community, claimant counsel, Crown counsel, Manatū Wāhine and Tribunal research staff.
E-Tangata recently republished Ani Mikaere's essay, Māori Women: Caught in the Contradictions of a Colonised Reality, that explains why the colonisation of tikanga Māori has been so devastating for wāhine Māori.
Other reports and research
Earlier this year, the UN Special Rapporteur on violence against women, its causes and consequences, released a report on violence against Indigenous women and girls. The report presents an overview of the main causes and consequences of gender-based violence against Indigenous women and girls. It also highlights good practices and challenges to access to justice and support services. The report includes 23 conclusions and recommendations for States.
He Waka Eke Noa is a Kaupapa Māori research project on Māori understandings of family and sexual violence. It is investigating the role of Māori cultural approaches to violence prevention and intervention. The research team shared early findings from the research. This includes a brief snapshot of a selection of data from the survey which focused on lifetime experience of state neglect, failure to protect, abuse and abuse of power, racism, breaches of Te Tiriti o Waitangi, police violence, overall impact of state violence on wellbeing for Māori, and strategies to manage impact on wellbeing. Shirley Simmonds (Raukawa, Ngāti Huri, Ngā Puhi), one of the He Waka Eke Noa researchers, also presented preliminary findings from the survey in a recorded webinar. Also see all recorded videos from the He Waka Eke Noa series of online webinars.
The UN Committee on the Elimination of Discrimination against Women has released the list of issues and questions prior to the NZ Government's submission of the ninth periodic report of New Zealand. The Government's response to these issues and questions will form the 9th periodic report on New Zealand's implementation of CEDAW. This report is due to be submitted by the Government in July 2023. For more information see the Ministry for Women's information on CEDAW reporting.
Related media
The harsh and unregulated reality of online safety for indigenous women, NZ Herald, 25.10.2023
'Rampant' increase of digital harm on indigenous women, conference told, Stuff, 25.10.2023
Call for nominations to join Redress Design Group and Advisory Group
The Crown Response Unit for the Abuse in Care Inquiry is calling for nominations to the Redress Design Group and an Advisory Group. You can nominate yourself or another person.
Nominations close on 13 December 2022.
The Redress Design Group and Advisory Group will help develop proposals for ministers for a new redress system for survivors of abuse in care. The term ‘redress’ is actions and steps that set right the harms caused by a wrong, such as abuse. Redress can include apologies, counselling or financial compensation that help recognise and address the harm suffered by survivors of abuse in care. The call for nominations said the redress system will be "a new, independent, trauma-informed redress system, Puretumu Torowhānui, for survivors of abuse in care."
The Redress Design Group will have up to 10 members, plus a Chair. The Design Group will be supported by an Advisory Group of up to 20 members, with the ability to work in smaller groups as needed.
The call for nominations says "...the Redress Design Group will produce high-level design proposals to provide to the Minister for the Public Service in June 2023." It also says the Advisory Group will "...provide advice and feedback to the Design Group on major elements of the high-level redress design..."
Survivors of abuse in state or faith-based care and relevant experts can apply to join either Group. The call for nominations notes that "It is intended that the Redress Design Group and Advisory Group be made up mainly of survivors of abuse in care, because it is essential that survivors are at the centre of this process."
The Crown Response Unit media release stated "The Redress Design Group will have a Māori majority, because Māori were heavily over-represented in care. It will have a gender balance, and include wider survivor representation, along with experts." The call for nominations has more details about the skills and experience required. It is calling for survivors from a wide range of backgrounds and experiences including Māori, Pacific, Deaf and Disabled, rangatahi, LGBTQI, survivors of residential, faith-based and State care, survivors from rural areas and survivors who have been in prisons or gangs.
See the call for nominations to download and submit a nomination form to the Crown Response Unit.
Information and the nomination form are available in different languages and alternative formats.
Background
In December 2021, the Royal Commission published its report on redress, He Purapura Ora, he Māra Tipu | From Redress to Puretumu Torowhānui. The report’s main recommendation was to set up a new puretumu torowhānui scheme. When the report was released, the Government announced that a new redress system would be developed, with Public Service Minister Chris Hipkins saying "The new system will be designed from the ground up in collaboration with Māori, who were heavily over-represented in state and faith-based care. The collaborative design will also be guided by the views of survivors and key communities, including Pacific peoples and disabled people."
Related media
Royal Commission Lake Alice report, Beehive Media Release, 15.12.2022
Abuse redress falls short, Waatea News, 14.12.2022
Rapid payments starting for historical abuse claimants, Beehive media release, 13.12.2022
Abuse in care inquiry: Victims distressed as wait for compensation drags on, RNZ, 07.12.2022
No break in sight for Abuse in Care Commission, Newsroom, 25.11.2022
Abuse survivors to help design redress, Waatea News, 24.11.2022
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