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Many calls for change to the Ministry of Children - Oranga Tamariki's practice have come following Newsroom's coverage of an attempted uplift of a Māori newborn baby at Hawke's Bay Hospital.
Oranga Tamariki stated their concerns in the Hawke's Bay case were: family violence by the father against the mother, cannabis/drug use by the father, "lack of parenting skills" and transient home environments. The mother's family dispute that evidence.
Newsroom reported the baby's mother is 19 years old and the father 17 years old. The mother had a previous baby with the same father removed from her when she was 17. That child is in the temporary care of a British couple. Newsroom understood Oranga Tamariki was planning to place her newborn baby with the same couple.
The Government has announced three separate reviews, to be conducted by Oranga Tamariki, the Children's Commissioner and the Chief Ombudsman.
North Island Whānau Ora Commissioning Agency has announced a Māori-led inquiry into the Ministry of Children - Oranga Tamariki. Further detail on all the inquiries is below.
Calls by advocates
Te Ao Pēpi, a group borne out of the Hawke's Bay uplift attempt which includes a number of prominent Māori leaders, has called for a number of actions including:
- An inquiry by independent persons to look into the Hawke's Bay case, with the persons appointed and Terms of Reference to be agreed by the Prime Minister’s Office, representatives of the mother, and the Children’s Commissioner
- An inquiry by independent persons and/or a Royal Commission of Inquiry to look into the overall processes, policies and conduct of the Ministry (noting the two current inquiries before the Waitangi Tribunal, for Māori)
- A discussion on resourcing to address the flood of "dozens of calls and emails, all from desperate, desperate women wanting help in relation to their situations" members are Te Ao Pēpi are receiving
- A review of the Oranga Tamariki Act 1989, with the objective of an overhaul of the entire system: "Māori are to design their own system of support and intervention for their own people."
The lawyer who acted for the mother in Hawke's Bay, Janet Mason, has expressed her view that the making of many orders to uplift newborn babies ex parte (i.e. without notice to the mother or whānau) are not justified and she expects court action.
Lawyer David Stone has written an article describing some of the stories he has been told. He is preparing an application for an urgent hearing to the Waitangi Tribunal about this issue.
Tina Ngata, Khylee Quince and Aaron Smale have written media articles on colonisation and Māori experiences of state systems.
More than 16,000 people have signed an open letter and petition written by Hands Off Our Tamariki. It calls for a range of actions including:
- not one child is removed by the State from their whakapapa context of whānau, hapū, iwi
- the current system overseen by the Ministry of Children be "restructured in line with Kaupapa Māori and strengths based approaches that ensure tamariki remain connected to their whānau"
- during the restructuring, a Māori transition panel be put in place to oversee all of the Ministry’s activities in regards to tamariki Māori.
The group has also organised a rally for Tuesday 30 July 2019 at Parliament.
A new parent advocacy group, Whānau First, has called for a Royal Commission of Inquiry into Oranga Tamariki - Ministry for Children and reissued the call.
Chair of the Māori Council and Ngā Ngaru, Matthew Tukaki, called for a number of actions including:
- A jointly develop service delivery model
- A jointly developed workforce development plan
- A jointly developed community and Māori engagement plan
The Backbone Collective of survivors of violence against women states it fully supports and endorses the open letter from Te Ao Pēpi and calls for:
- The urgent establishment of interim measures to keep women and children safe in family violence and child protection cases being brought before the Family Court.
- The urgent establishment of a Royal Commission of Inquiry into the processes, procedures, conduct and culture of the Family Court and Oranga Tamariki in relation to cases of family violence and child protection, with powers to subpoena witnesses, interview judges and officials and review case files.
Co-founder Ruth Herbert has also written a piece about patterns the Backbone Collective has observed in the hundreds of stories they have heard from women about how the state funded system responds to family violence.
Further analyses and comments are available in the media list below.
Government reviews
Internal review by Oranga Tamariki - Ministry for Children
Minister for Children Tracey Martin announced an internal review of Oranga Tamariki. The review will focus only on the case in Hawke's Bay. The terms of reference for the review state: "The review will be led by senior staff from the Oranga Tamariki Practice Advice and Māori Practice Advice teams (the PPG reviewers) with the oversight of the Chief Social Worker/Deputy Chief Executive Professional Practice." The Children’s Commissioner will also provide input into the design, progress and findings.
"A person appointed by Ngāti Kahungunu and with the relevant expertise, mana and connection will provide independent oversight. The Ministry is waiting for Ngāti Kahungunu to confirm who they wish to take on that role."
For more information listen to a Radio NZ interview with Tracey Martin.
Children's Commissioner review
The Children’s Commissioner Andrew Becroft has announced that his Office will conduct a thematic review of Oranga Tamariki’s policies, processes and practice relating to care and protection issues for tamariki Māori aged 0-3 months. The review will not consider the recent case in Hawke's Bay.
Update: The Office of the Children's Commissioner has published details about the scope of the review.
Investigation by the Chief Ombudsman
Chief Ombudsman Peter Boshier has announced that he will conduct an investigation into the steps Oranga Tamariki takes when any newborn babies are removed (not only Māori babies). The Supplementary information attached to the media release provides an overview of the investigation purpose and process.
The Government recently announced changes to oversight for the child care and protection system. This included additional powers for the Chief Ombudsman to provide enhanced complaints oversight and investigations relating to Oranga Tamariki. In his full media release, the Ombudsman noted that these powers come into effect on 1 July 2019 and he felt it was important to start looking at this issue immediately. The Ombudsman anticipates the investigation will be completed and reported back to Parliament this year.
Comments by the Prime Minister
The Prime Minister has spoken to media outlets Stuff and One News about the Government response, including to calls for a Royal Commission of Inquiry.
Responses to the government reviews
After Minister Tracey Martin announced the first internal review by Oranga Tamariki, the mother's lawyer, Janet Mason, said the whānau was unhappy as they had sought an independent review. She said, "It is akin to leaving Dracula in charge of the blood bank."
Backbone Collective co-founder Ruth Herbert also raised concerns about the limitations of the Children's Commissioner and Ombudsman reviews.
Māori-led inquiry
The North Island Whānau Ora Commissioning Agency's Māori-led inquiry into Oranga Tamariki is driven and supported by Māori leaders including Dame Tariana Turia, Emeritus Professor Sir Mason Durie, Dame Iritana Tawhiwhirangi, Sir Toby Curtis, Sir Wira Gardiner, Dame Naida Glavish, and Dame June Mariu. In relation to the government reviews, Whānau Ora Commissioning Agency Chair Merepeka Raukawa-Tait said:
"... that's all very fine, but it's not by Māori for Māori - which is the difference between the hui we're calling. I can assure you that when we set our terms of reference, believe me the Family Court will not be something we are going to leave out. It’s vital. It really is a crucial part of uplifting and taking the children. So we'll be looking at all areas to do with uplifting the children and that has to be one of them."
The inquiry will be launched at a national hui on 13 July 2019 at Ngā Whare Waatea Marae, Māngere. Māori organisations or individuals wanting to attend can RSVP by email to the Whānau Ora Commissioning Agency.
Update
On 28 June 2019, in response to the significant recent public interest, Oranga Tamariki published a range of information and data about babies and children being taken into state care.
For further updates, see the Media list below.
Related information
There has been ongoing attention on the high and increasing number of Māori children being taken into state care. A Stuff investigation in 2018 reported the number of Māori newborns being removed by the state has significantly increased since 2015 while the number of non-Māori newborns removed has not changed. Stuff reported on average five babies per week are uplifted by Oranga Tamariki, the majority of who are Māori.
Under changes in effect since 2016, "subsequent child" sections (s18A-s18D) of the Oranga Tamariki Act 1989 mean that when parents have had previous children permanently removed due to abuse or neglect, or have been convicted of causing the death of a child they cared for, it is assumed any subsequent child these parents are caring for is in need of care or protection. The burden of proof then falls on the parent to satisfy the social worker that they are unlikely to allow harm to come to the subsequent child. Advocates have noted this provision applied to the Hastings case. Advocates have also previously discussed problems it presents for children, families and whānau and linked it to the rising numbers of children in care.
In April 2019, Minister for Social Development Carmel Sepuloni announced changes to government oversight of the children’s system including oversight of Oranga Tamariki.
Oranga Tamariki has previously announced three "strategic partnerships" with iwi (Te Rūnanga ō Ngāi Tahu, Te Rūnanga-Ā-Iwi O Ngāpuhi and Waikato-Tainui).
Related news
A number of changes will come into effect on 1 July 2019 under the Oranga Tamariki Act 1989. These include imposing a range of specific duties on the chief executive "in order to recognise and provide a practical commitment to the principles of the Treaty of Waitangi (te Tiriti o Waitangi)." (new section 7AA)
Related media
See Newsroom's full coverage of the uplift attempt and follow-up
Iwi partnerships critical step for child protection, Waatea News, 22.01.2020
Ombudsman calls in Maori advisors, Waatea News, 13.12.2019
Low Māori awareness of government watchdog, Waatea News, 18.10.2019
New uplift figures paint disturbing ‘racialised’ picture, Newsroom, 27.08.2019
Hands Off Our Tamariki marchers reject collaboration, Waatea News, 01.08.2019
Independent baby uplift inquiry refused, Waatea News, 05.08.2019
Māori children over-represented in state care harm figures, RNZ, 23.07.2019
AUT Professor Denise Wilson on Paakiwaha, Waatea News, 23.07.2019
Hands Off Our Tamariki: a Rally, Press Release: Hands Off Our Tamariki, Scoop, 22.07.2019
New law returns child to whānau in Oranga Tamariki dispute, RNZ, 22.07.2019
Babies in Oranga Tamariki care - safe or seized?, RNZ, 21.07.2019
Simon Shepherd interviews Maori leaders, Press Release – TVNZ, Scoop, 20.07.2019
Māori mothers fear and mistrust 'systemically racist' authorities, Stuff, 19.07.2019
'Systemic inequality' in Māori involvement in child protection, RNZ, 19.07.2019
Not one more Māori child should be left in isolation from its whānau, Stuff, 19.07.2019
More residential homes could stop Oranga Tamariki uplifts, RNZ, 19.07.2019
Māori plant flag over uplifted children, RNZ, 16.07.2019
The children come first: A day at the Oranga Tamariki hui, The Spinoff, 16.07.2019
Māori unite to declare ‘enough is enough’, Newsroom, 15.07.2019
Hui endorses Oranga Tamariki inquiry, Waatea News, 15.07.2019
Should the practice of Whāngai be recognised in New Zealand law?, One News, 15.07.2019
Māori 'at war' with Oranga Tamariki, Newshub, 14.07.2019
A sense of injustice too large to fathom, Newsroom, 14.07.2019
The call from the hui was loud and clear: give us back our kids, The Spinoff, 14.07.2019
How closed adoption robbed Māori children of their identity, RNZ, 14.07.2019
Baby uplifts: Māori-led Oranga Tamariki inquiry launches at Auckland hui, NZ Herald, 13.07.2019
Māori inquiry into Oranga Tamariki: 'We have a right to stand up for our babies', Stuff, 13.07.2019
Closed adoption rears its ugly head again, Newsroom, 09.07.2019
Iwi strategies provide alternatives to Oranga Tamariki, Waatea, 08.07.2019
Whānau, whāngai and Oranga Tamariki: What Māori families look like, The Spinoff, 05.07.2019
Labour’s Māori MPs begin to stir on uplifts, Newsroom, 04.07.2019
Sorry, Minister, you’re wrong on the video, Newsroom, 02.07.19
The Hui: Sunday 30 June 2019, ThreeNow
Oranga Tamariki stats: Increase in Māori children taken, RNZ, 28.06.2019
QC questions legality of uplifts, Newsroom, 28.06.2019
Hands off our Tamariki Press Release, Press Release: Hands Off Our Tamariki, 28.06.2019
Support for fourth Oranga Tamariki inquiry led by Māori, RNZ, 27.06.2019
Dealing with the Govt ‘agency from hell’, Newsroom, 27.06.2019
Emily Keddell: ‘Don’t give them a reason’, Re-Imagining Social Work, 27.06.2019
Many state ‘uplifts’ of babies could be illegal: lawyer, Newsroom, 26.06.2019
Merepeka Raukawa-Tait - Māori leaders consider own review of welfare policy, Waatea News, 25.06.2019
Ruth Herbert: Child uplifts: Stop trying to plaster over the cracks, Newsroom, 24.06.2019
Neville Baker: The answers were there in 1988, E-Tangata, 23.06.2019
Tamariki On Track, Media release: PSA, 22.06.2019
Tania Williams-Blyth: Trauma kaupapa behind Hawkes Bay baby grab, Waatea News, 21.06.2019
Minister on right track for Oranga Tamariki change, Waatea News, 20.06.2019
Liz Beddoe: What took so long? Time to right some wrongs, Newsroom, 20.06.2019 (see also the full original article, The spotlight is on us- an apology is due on the Re-Imagining Social Work in Aotearoa New Zealand blog)
Ngāpuhi tamariki in care nearly double any other Iwi, Press Release: Ngāpuhi, Scoop, 20.06.2019
How the three inquiries into Oranga Tamariki will work, Newsroom, 19.06.2019
Baby’s whānau rejects Minister’s internal inquiry, Newsroom, 19.06.2019
Baby’s whānau rejects Minister’s internal inquiry, Newsroom, 19.06.2019
Aaron Smale: The Māori Problem, Newsroom, 19.06.2019
Ombudsman to investigate Oranga Tamariki uplifts, Radio NZ, 19.06.2019
Ombudsman unveils inquiry into Oranga Tamariki newborn uplifts, NZ Herald, 19.06.2019 (includes interview with Professor Tracey McIntosh)
Jackie Clark of The Aunties on Oranga Tamariki uplifting babies, RNZ, 18.06.2019
Bureaucrat hostility threat to Māori aspiration, Waatea News, 18.06.2019
Oranga Tamariki uplift another example of Māori faring badly – minister, RNZ, 18.06.2019
Govt reveals terms for Oranga Tamariki inquiry, Newsroom, 18.06.2019
Video a game-changer in child protection, Newsroom, 18.06.2019
Two inquiries into baby ‘uplifts’, Newsroom, 17.06.2019
Ngāti Kahungunu pleased with meeting ministers to find solutions, Waatea News, 17.06.2019
Oranga Tamariki - where to from here? Panel discussion, Marae, 17.06.2019
Unite in our Efforts to Support Whānau, Press Release: Ngati Kahungunu Iwi Inc, 16.06.2019
A tipping point for Oranga Tamariki?, Newsroom, 16.06.2019
We need a new OT complaints agency, Newsroom, 16.06.2019
Lesley Max: Big questions beyond baby uplift video, Newsroom, 15.06.2019
Māori will no longer tolerate the removal of babies by the state, Stuff, 14.06.2019
Advocates rally around letter demanding end to uplifting babies, Radio NZ, 14.06.2019
Oranga Tamariki uplift backlash taking its toll on social workers, RNZ, 14.06.2019
Baby grab leading to long term damage, Waatea News, 13.06.2019
Demands for Oranga Tamariki name change, end to 'uplifting', Radio NZ, 13.06.2019
Khylee Quince: Stop trampling the mana of children, Newsroom, 13.06.2019
Racist policies towards Māori children need to change, Press Release: Te Rau Ora, Scoop, 13.06.2019
David Stone: An injustice we can no longer tolerate, Newsroom, 11.06.2019
Time to disrupt family law with Treaty of Waitangi, Waatea News, 07.06.2019
Kaupapa-Māori approach urged for Māori kids in state care, Radio NZ, 05.06.2019
The number of newborn babies removed from their parents is rising, Stuff, 12.12.2018
The New Zealand SPCA (Society for the Prevention of Cruelty to Animals) has launched an online portal providing resources for practitioners, scholars and students addressing the overlap of child abuse, family violence and animal cruelty.
The purpose of the resource is to support the early identification of co-existing child abuse, family violence and animal cruelty and to address the impact of animal cruelty on children and adults.
The SPCA Targeted Intervention Portal is divided into six areas:
- Family Violence & Animal Cruelty
- Impact of Animal Cruelty on Children
- Children's Cruelty to Animals
- Adolescence & Animal Cruelty
- Professional Resources
- Community
There are a range of resources including: case studies, research summaries, posters, webinars and tools for assessments and safety planning. The portal also provides a definition for animal cruelty, an overview of research, a reference list and one-page handout on the connection between family violence and animal cruelty. Access to the portal is free but requires a login.
The SPCA notes that identifying animal cruelty or abuse may lead to identification of other forms of family violence or child abuse:
"New Zealanders share their homes with 4.6 million companion animals and four out of five families with children aged nine to seventeen years live with at least one companion animal. A neglected and abused animal tethered in the backyard is often easier to spot than the abuse occurring behind closed doors. Children and other family members more readily disclose the concerns they have for the welfare of their animals, before they share the fears they have for their own safety. Therefore, the assessment of the animal’s welfare provides a window into family dynamics, the quality of the care and treatment of family members, and provides an opportunity to inquire about the welfare of the humans in the home."
Research has found links between animal abuse and child abuse and intimate partner violence. For more information see our Library Quick Topic on Animal Abuse.
Related news
Ill-treatment of household pets or other animals "whose welfare affects significantly, or is likely to affect significantly, a person’s well-being" is specified as a form of psychological abuse in section 11 of the Family Violence Act 2018, which comes into effect on 1 July 2019.
Women's Refuge published a report, Pet Abuse as part of Intimate Partner Violence Research (2018), which summarises results from a survey of nearly 1000 women about their experiences of partner violence and animal abuse.
A new charitable Trust, Pet Refuge, has begun work to build a shelter dedicated to housing pets affected by family violence.
New guidance on information sharing under the Family Violence Act 2018 and Oranga Tamariki Act 1989 (Children’s and Young People’s Well-being Act 1989) has been published by the Ministry of Justice and the Ministry for Children - Oranga Tamariki.
New provisions on information sharing in these pieces of legislation come into force on 1 July 2019.
Key messages on how the information sharing provisions in the two Acts work together states:
"The Family Violence Act 2018:
- introduces new laws that allow information to be shared to identify, stop, prevent and otherwise respond to family violence
- applies to the family violence sector
The Oranga Tamariki Act 1989:
- amends the existing information sharing provisions to allow information to be shared for the safety and wellbeing of tamariki
- applies to the child welfare and protection sector
Both Acts:
- apply to many of the same agencies and people, including schools, early childhood services, health professionals, social workers, some non-government organisations, Police and other government departments
- are designed to encourage agencies and people to voluntarily share information, and work collaboratively
- are about ensuring information that is relevant is shared appropriately, and for the right purposes
- mean people are generally protected from civil, criminal or disciplinary proceedings as long as information is shared in good faith, and they comply with the relevant information sharing provisions."
Further detail on the information sharing provisions of each Act is provided below.
Family Violence Act 2018
Under the new law, two groups of people will be able to collect, use, request and share personal information for purposes related to family violence: "family violence agencies" and "social services practitioners."
"Family violence agencies" include:
- Specified government agencies (ACC, Department of Corrections, Ministries of Education, Health, Justice, Social Development, Immigration New Zealand, New Zealand Police, Oranga Tamariki, Housing New Zealand Corporation)
- District Health Boards
- Registered Community Housing Providers
- Non-government organisation that are partly or wholly funded by government and that provides family violence services
- School boards
- Licensed early childhood services
"Social services practitioners" include:
- Teachers with current practising certificates or limited authority to teach
- Registered health professionals
- Registered social workers
The operational guidance for people covered by the provisions is based on the following eight principles:
- "People’s safety comes first
- You should obtain consent to share information when it’s safe to do so
- You must consider sharing information if you think it will protect a victim or if you receive a request
- You can share information for specific purposes
- You must only share relevant information
- You should check that the information is accurate
- You should record reasons for your decisions
- You have legal protection from liability when you share information, unless you share in bad faith"
More detailed guidance is available in Sharing information safely: Guidance on sharing personal information under the Family Violence Act 2018 (Ministry of Justice, 2019).
The Ministry of Justice has also published the following supporting documents:
- Decision tree poster (setting out the information sharing process step-by-step)
- One page factsheet
The information sharing provisions are found in Part 2 of the Family Violence Act.
The workforce is welcome to contact the Ministry of Justice with questions, additional tools people may need to support effective practice and the implementation of the law, and ideas on how the family violence information sharing guidance can be improved: contact FVinformationsharing@justice.govt.nz
If you have questions about the family violence or Oranga Tamariki information sharing guidance, from 1 July 2019 you will also be able to contact the joint helpline on 0508 INFOSH (463 674). This helpline is to assist agencies and practitioners in using the guidance documents and applying the new laws. Confidential information and reports of concern should not be disclosed to this helpline.
Information sharing under the Oranga Tamariki Act 1989
Also on 1 July 1 2019, changes to section 66 of the Oranga Tamariki Act 1989 (Children’s and Young People’s Well-being Act 1989) include new provisions.
The information sharing provisions are much broader than previously. They give child welfare and protection agencies the ability to request, collect, use, and share personal information for purposes related to the wellbeing and safety of tamariki.
Guidance on how to apply the new provisions has been published by Oranga Tamariki. This outlines:
- "what’s different with the new provisions
- who the provisions apply to
- the purposes for which information can be shared
- what information can be shared
- what you need to do if you’re sharing information
- what you can expect from Oranga Tamariki when you share information with us, and
- a summary of how the Oranga Tamariki Act 1989, the Family Violence Act 2018 and the Privacy Act 1993 work together."
The guidance is available in Information sharing to support tamariki wellbeing and safety: Guidance for sharing information across the child welfare and protection sector (Oranga Tamariki, 2019).
Oranga Tamariki has also published the following supporting documents:
- Flowchart with steps to following when thinking about sharing information under section 66C
- One page fact sheet.
Oranga Tamariki consulted with agencies and individuals from the child welfare and protection sector in developing the guidance. It also sought the views of some children and tamariki on what people should think about when sharing information about them.
If you have any questions about the guidance or how it relates to your practice, email: infosharinghelpline@ot.govt.nz
If you have questions about the Oranga Tamariki or family violence information sharing guidance, from 1 July 2019 you will also be able to contact the joint helpline on 0508 INFOSH (463 674). This helpline is to assist agencies and practitioners in using the guidance documents and applying the new laws. Confidential information and reports of concern should not be disclosed to this helpline.
How the documents work together
The following information has been provided on how the the two Acts work together and which to use:
Information sharing under the Family Violence Act 2018 and Oranga Tamariki Act 1989 (Ministry of Justice, 2019)
Related information
See our news story on an overview of other changes coming into effect on 1 July 2019 under the Family Violence Act 2018 and other legislation.
Budget 2019 was announced on 30 May 2019. The Budget included several areas of funding relevant to family violence, child protection and related areas such as mental health and education.
The Government had made a pre-Budget announcement of a $320 million package for family and sexual violence (see the breakdown of the funding).
In her speech to Parliament, Prime Minister Jacinda Ardern said this Budget was different, highlighting the focus on wellbeing versus gross domestic product (GDP) as a measure of success. Minister of Finance Grant Robertson's speech outlined the approach to the Wellbeing Budget and provided an overview of the six priorities in Budget 2019:
- Taking mental health seriously
- Improving child wellbeing
- Supporting Māori and Pasifika aspirations
- Building a productive nation
- Transforming the economy
- Investing in New Zealand.
All Wellbeing Budget 2019 Government announcements are available online. The Budget 2019 Policy website provides detailed information. Below are some of the key areas.
Funding for child protection and early intervention
The Government outlined a number of funding areas focused on child protection and early intervention:
- a new intensive intervention service providing new, family and whānau intensive support workers to work with families and whānau of children most at risk of entry or re-entry into State care to support them to remain safely at home
- $26 million over four years for non-government organisations (NGOs) who currently partnering with Oranga Tamariki - Ministry for Children to provide early intervention services
- $524 million over the next four years to support Oranga Tamariki to meet new care standards and an extra 350 frontline staff
- $70 million to meet the individual needs of children in care for items such as toys, books, laptops, sports and specialist health equipment
- 60 extra dedicated support staff for caregivers and new specialised training for all caregivers
- new whānau care partnerships to attract more Māori caregivers
- up to 16 new, small community-based homes for 100 additional youth justice placements for 17-year-olds, with an extra 300 staff to work in the facilities
- a new transition service to support 3,000 young people to prepare for and transition successfully from care and youth justice services to adulthood.
For more information, see the media release from Oranga Tamariki and the summary of Budget 2019 Key initiatives for Oranga Tamariki – Ministry for Children. The family and sexual violence package also included funding for Oranga Tamariki.
Funding for Ministry of Social Development (MSD) work
Other funding areas were highlighted in MSD's Budget 2019 news including nearly $1.3 billion in extra funding over the next four years across a range of areas. Some of these include:
- $93.7 million for managing claims by people who have experienced abuse in state care
- $18.9 million to establish monitoring of the state care system for children and young people
- $24.9 million for cost pressure funding for contracted service providers.
Indexing benefits
The Improving child wellbeing Budget announcement detailed changes to benefits including plans to index main benefits to average wage increases from 1 April 2020, noting that:
"This applies the same principle currently used for NZ Super. It’s a more consistent approach and will limit the need for Governments to make single ad-hoc benefit increases in any one year, as the previous Government did."
This is part of the Government's consideration of the welfare system and was one of the recommendations in the final report of the Welfare Expert Advisory Group.
The Government had previously announced it would introduce the following changes: repealing Section 192 (formerly known as Section 70A) which imposes benefit sanctions, lifting abatement thresholds for people who work and receive benefits, and increasing the number of frontline staff by 263.
Funding related to pay equity
The Government announced $1 million to assist with the pay equity claims process. Workplace Relations and Safety Minister Iain Lees-Galloway said:
“This includes funding for the Ministry of Business, Innovation and Employment to develop online tools and resources which will improve peoples’ understanding of the pay equity claims process, by providing guidance and data for their claims. This will help reduce disputes, improve bargaining processes and lead to enduring pay equity settlements.”
In related news, the Select Committee has submitted their final report on the Equal Pay Amendment Bill. See a brief summary of the recommendations from the NZ Law Society. The bill is expected to pass into law later this year.
Funding for mental health
One of the priorities in Budget 2019 was mental health, with $1.9 billion allocated to a Mental Health Package that includes:
- New universal frontline mental health service established, expected to help 325,000 people with mild to moderate mental health and addiction needs by 2023/24
- $200 million extra for new and existing mental health and addiction facilities
- Expanding the nurses in schools programme to decile 5 secondary schools, reaching an extra 5,600 students
- $128.3 million for Department of Corrections to spend on mental health and addiction services
- $197 million to tackle homelessness through Housing First
- Funding for Te Ara Oranga programme in Northland.
Just before the Budget was released, the Prime Minister announced that the Government would be accepting 38 of the 40 recommendations of the mental health and addiction inquiry final report. Some of the key recommendations include:
- Significantly increase access to publicly funded mental health and addiction services for people with mild to moderate needs
- Commit to increase choice by broadening the types of services available
- Urgently complete the national suicide prevention strategy
- Establish an independent commission to provide leadership and oversight of mental health and addiction
- Repeal and replace the Mental Health (Compulsory Assessment and Treatment) Act 1992.
The Prime Minister said:
“The recommendations of He Ara Oranga are wide-ranging and comprehensive. Delivering on the Panel’s vision of a people-centred approach to mental health and addiction that meets the full range of need will be a major undertaking. Just delivering on the first recommendation around services to meet mild to moderate mental health and addiction needs will be transformational. We will need to build entirely new services, train hundreds of new staff and build new facilities across Aotearoa. All this will take significant and sustained investment. That begins with tomorrow’s Wellbeing Budget but will take years.”
The Government rejected the recommendations to set a target of 20% reduction in suicide rates and direct the State Services Commission to report on options for creating a ‘locus of responsibility’ for social wellbeing within Government. See further commentary in the media below.
Funding for Whānau Ora
Another of the six main priorities for Budget 2019 was Supporting Māori and Pasifika aspirations which included:
- $80 million over four years for Whānau Ora
- $98 million for a pathway for people to experience a kaupapa Māori and whānau-centred pathway to address reoffending.
Other areas in this funding stream include support for te reo Māori and Pacific languages; improved health, housing, education and skills; and the Whenua Māori Programme. For more information see Te Puni Kōkiri's Tahua 2019: Wellbeing Budget 2019 Māori Development Initiatives.
Commentary
Various advocates have welcomed the budget announcements. Continuing concerns have been raised about inadequate funding for social services staffing, in particular the pay gap between Oranga Tamariki and non-government organisation social workers. See press releases from Social Service Providers Aotearoa (SSPA), Barnardos, New Zealand Council of Christian Social Services (NZCCSS) and the Public Service Association.
For other commentary and further Government announcements see the media list below.
Related media
Abuse fund boost short, lawyer says, Otago Daily Times, 07.06.2019
Budget boosts Pacific-led wellbeing focus for Aotearoa, Beehive press release, 04.06.2019
Funding for Growing Up in New Zealand study, Beehive press release, 04.06.2019
Mixed reactions to NZ Budget initiatives for Pacific people, Radio NZ, 03.06.2019
Where does gender equality fit into the Budget?, Newsroom, 31.05.2019
Targeted funding draws wide support, Waatea News, 31.05.2019
Whānau ora offers way to achieve wellbeing agenda, Waatea News, 31.05.2019
Investing in New Zealand, Beehive press release, 30.05.2019
Wellbeing Budget tackles New Zealand’s long-term challenges, Beehive press release, 30.05.2019
$133m to break Māori re-offending and imprisonment cycle, Te Ao Māori News, 30.05.2019
A well-meaning Budget 2019 offers almost half a billion for Māori, Te Ao Māori News, 30.05.2019
Mental health workers for GP clinics - but where will they come from?, NZ Herald 30.05.2019
Government has failed Maori across the board, Press Release: Maori Council, Scoop, 30.05.2019
Wellbeing Budget: A systemic approach to complex issues, Press Release: UNICEF NZ, Scoop, 30.05.2019
Budget 2019 for Māori: Whānau Ora to receive $80m over four years, Radio NZ, 30.05.2019
Budget 2019: What you need to know, Radio NZ, 30.05.2019
Budget 2019: Mental health and child poverty focus in first Wellbeing Budget, Stuff, 30.05.2019
Mental health response not transformative... yet, Newsroom, 30.05.2019
Changes from 1 July 2019: Family Violence Act 2018 and other legislation
On 1 July 2019, the Family Violence Act 2018 comes into force. This replaces the Domestic Violence Act 1995.
The remaining provisions of the Family Violence (Amendments) Act 2018 also come into effect on 1 July 2019. These amend a number of other Acts.
The Ministry of Justice provides a summary of the changes.
A brief summary and brochure on changes to protection orders is also available from the Ministry of Justice.
Family Violence Act 2018
Some key provisions and changes under the Family Violence Act 2018 are highlighted below, with links to the relevant sections for further information.
Part 1 of the Act sets out its purpose, principles to guide the achievement of that purpose, definitions, and other preliminary provisions.
The new Act gives decision-makers in the family violence system more guidance about the nature and impact of family violence.
The purpose of the Act is to "stop and prevent family violence by—
recognising that family violence, in all its forms, is unacceptable; and stopping and preventing perpetrators from inflicting family violence; and keeping victims, including children, safe from family violence." (section 3)
Section 3(2) states that any court or person who exercises a power under the Act must be guided by this purpose.
Fifteen principles are set out to guide the achievement of the purpose of the Act (section 4). Selected principles include:
(b) decision makers should, whenever appropriate, recognise that family violence is often behaviour that appears to be minor or trivial when viewed in isolation, but forms part of a pattern of behaviour that causes cumulative harm:
(c) decision makers should, whenever appropriate, recognise that family violence often is or includes coercive or controlling behaviour:
(h) perpetrators of family violence should face effective responses to, and sanctions for, family violence:
(i) perpetrators of family violence should have access to, and in some cases be required to engage with, services to help them stop and prevent their family violence:
(j) victims of family violence should have access to services to help secure their safety from family violence:
(k) arrangements that support the ongoing safety and well-being of a victim of family violence should whenever practicable be sustained (for example, employment, education, housing, or community involvement):
(l) responses to family violence should be culturally appropriate and, in particular, responses involving Māori should reflect tikanga Māori (Māori customary values and practices):
(m) decision makers should consider the views of victims of family violence, and respect those views unless a good reason exists in the particular circumstances for not doing so (for example, because doing so would or may compromise victims’ safety):
Definitions are provided of family violence, abuse and psychological abuse (sections 9-11).
Family violence includes physical abuse, sexual abuse and psychological abuse, and dowry-related violence.
Psychological abuse can include: threats, intimidation, harassment, damage to property, ill-treatment of pets/animals, financial or economic abuse, and hindering or removing access to necessary aids, devices, medication, or other support.
Violence can include a pattern of behaviour that may be coercive or controlling or causes the person, or may cause the person, cumulative harm.
A single act may amount to abuse, and a number of acts that form part of a pattern of behaviour (even if all or any of those acts, when viewed in isolation, may appear to be minor or trivial) may amount to abuse.
Causing or allowing a child to see or hear the physical, sexual, or psychological abuse of a family member (or putting a child at risk of this) is considered psychological abuse of the child. (However the person subjected to the abuse is not considered to have caused or allowed the child to see or hear the abuse.)
Definitions are also provided of "family relationship" (general, sharing household, and close personal relationship) (sections 12-14).
A person may be considered to have a close personal relationship with another person if they are the recipient of care-carer relationship (section 14(2)).
Part 2 of the Act is about information sharing.
See our separate NZFVC News story on changes to information sharing.
Part 3 is about Police safety orders (PSOs).
Changes include that PSOs can be issued for up to 10 days (previously five). Also, Police can provide a written direction to a person bound by a PSO that they must attend a risk and needs assessment.
Part 4 is about protection orders.
New provisions allow a representative or an organisation approved by the Ministry of Justice to apply for a protection order on behalf of an applicant. This can be applications made on behalf of a child, a person lacking capacity, or a person prevented from applying personally due to fear of harm or other sufficient cause (section 74).
A new provision enables the court to direct that a Protection order applies to any child of the applicant, whether or not that child ordinarily or periodically resides with the applicant (sections 86-87).
As previously, a protected person may suspend the standard no-contact condition in a protection order by giving consent to contact with the respondent (sections 91-93). However a new provision notes that consent to contact must be in writing or in a digital communication (for example, in a text message, email, letter, or standard form). The cancelling of consent to contact may take any form (for example, words spoken face to face, or by telephone) (section 94).
New guidance is provided for courts determining whether to discharge a protection order, including a temporary protection order (section 110).
Part 5 is about property orders.
Applicants with (or applying for) a protection order can apply for an occupation order, tenancy order or furniture order. Previously, to make an order, the court had to be satisfied it was necessary for the protection of the applicant, or in the best interests of a child. Under the new, broader test, the court must be satisfied the order is reasonably necessary:
- to meet the accommodation needs of the applicant, a child, or both, or
- to enable the applicant to continue existing childcare, education, training, or employment arrangements for themselves, a child, or both; or
- is in the best interests of a child.
The court must also have regard to the reasonable accommodation needs of any other people who may be affected by the order.
Part 6 is about procedure.
Part 7 is about programmes and prescribed services.
New provisions enable the court to direct people who commit family violence to attend a wider range of services.
Part 8 is about overseas protection orders.
Part 9 is about public registers.
Part 10 contains other provisions.
Family Violence (Amendments) Act 2018
The Family Violence (Amendments) Act 2018 makes changes to a number of Acts to improve responses to family violence in criminal and civil law.
The first stage of amendments came into effect on 3 December 2018. These amended the Bail Act 2000, Crimes Act 1961, and the Evidence Act 2006 to:
- provide that the safety of victims, including children, is the priority when courts make decisions on bail. For example, before deciding on a perpetrator’s bail, the court is to first consider the effect of the decision on the victim
- create the new offence of strangulation or suffocation
- make it an offence to force someone into marriage or a civil union in New Zealand or overseas
- make it a specific offence to assault a family member
- enable video evidence
The Ministry of Justice has produced videos providing information about strangulation or suffocation, forced marriage, and assault on a family member.
The second stage of amendments come into effect on 1 July 2019. These amend the Sentencing Act 2002, the Criminal Procedure Act 2011 and the Care of Children Act 2004 to put in place the remaining changes. These include changes to:
- Make breaching of a protection order a specific aggravating factor to be considered at sentencing
- Introduce a 'family violence flag' that can be attached to an offence so that court staff are aware of the potential risks associated with a case
- Make changes in relation to parenting arrangements:
- enable judges considering applications under the Care of Children Act (CoCA) to make temporary protection orders where a CoCA order wouldn’t provide enough protection
- enable judges to impose protective conditions for child handover arrangements if there’s been family violence
- require judges to consider the existence or breach of a protection order when they assess a child’s safety.
A range of changes to the Oranga Tamariki Act 1989 (Children’s and Young People’s Well-being Act 1989) also come into effect on 1 July 2019.
Update: The New Zealand Law Society has recorded two CPD webinars:
- Family Violence Legislation - Phase One (February 2019)
- Family Violence Legislation - Phase Two (July 2019).
Related media
Exclusive: Significant drop in marriages of minors after 2018 law change, Newstalk ZB, 02.07.2021
Getting tough: How New Zealand could stop domestic violence, Stuff, 20.09.2019
Wairua part of violence recovery, Waatea News, 08.07.2019
Family violence laws modernised, Newsroom, 02.07.2019
First appeal against strangulation sentence fails, gives judges guidance, Stuff, 02.07.2019
Family and sexual violence package briefing, RNZ, 27.06.2019
Keeping victims of family violence safer, Press Release: New Zealand Government, Tuesday, 18.06.2019
Region's police welcome safety order change, Stuff, 08.04.2019
It is a chance for libraries to promote and build our Rainbow collections.
Out on the Shelves has run its campaign week for the second time in 2019. Out on the Shelves is run by InsideOUT, a national charity supporting young people of minority sexualities, genders and sex characteristics in Aotearoa New Zealand.
As the Clearinghouse is a library, we have taken the opportunity to highlight some research and resources on addressing violence against Takatāpui/Rainbow/LGBTTIQA+ communities. We hope you will find these useful in your work.
Books
Queering sexual violence: Radical voices from within the anti-violence movement
by Patterson, Jennifer | Gossett, Reina.
Riverdale, NY: Riverdale Avenue Books, 2016
Available for loan from the Clearinghouse library
Resources
Aotearoa New Zealand
Power and control wheel for rainbow relationships
by Hohou Te Rongo Kahukura - Outing Violence.
Wellington, New Zealand: Hohou Te Rongo Kahukura - Outing Violence, 2017
Growing up takatāpui: Whānau journeys
by Kerekere, Elizabeth | Rainbow Youth | Tīwhanawhana Trust.
Auckland, New Zealand: Tīwhanawhana Trust; Rainbow Youth, 2017
Takatāpui: Part of the whānau
by Kerekere, Elizabeth.
Wellington, New Zealand: Auckland, New Zealand: Tīwhanawhana Trust Mental Health Foundation, 2015
You, me / us
by Rainbow Youth | It's Not OK Campaign.
Auckland, New Zealand: Rainbow Youth, It's not OK Campaign, 2015
International
Another Closet (Australia)
The NW Network of Bi, Trans, Lesbian and Gay Survivors of Abuse (USA)
Family violence & LGBTIQ
Web resource
w|respect 1800 LGBTIQ (Australia)
Safety Planning: A Guide for Transgender and Gender Non-Conforming Individuals who are experiencing intimate partner violence
Milwaukee, WI: Forge, 2013
First do no harm: 8 Tips for addressing violence against transgender and gender non-binary people
Cooke-Daniels, L. & Munson, M.
Milwaukee, WI: Forge, 2016
LGBTQ intimate partner violence
Web resource
Asian Pacific Institute on Gender-Based Violence (api-gbv) (USA)
Identifying and assisting LGBT elder abuse clients: A guide for abuse professionals
National Resource Center on LGBTQ Aging & Forge Transgender Aging Network, 2013
Research and reports
Aotearoa New Zealand
Building Rainbow communities free of partner and sexual violence
by Dickson, Sandra.
Wellington, New Zealand: Hohou Te Rongo Kahukura - Outing Violence, 2016
Doing our best for LGBTIQ survivors
Dickson, Sandra | Te Ohaakii a Hine-National Network Ending Sexual Violence Together.
Wellington, New Zealand: Te Ohaaki a Hine National Network Ending Sexual Violence Together (TOAH-NNEST), 2016
Good Practice Responding to Sexual Violence - Guidelines for mainstream crisis support services for survivors. Round Two.
Young people attracted to the same sex or both sexes: Findings from the Youth '12 national youth health and wellbeing survey
by Lucassen, M | Moselen, Emma | Robinson, E | University of Auckland. Adolescent Health Research Group | Clark. Terryann C.
Auckland, New Zealand: University of Auckland. Adolescent Health Research Group, 2014
Inside Out: Evaluation findings
by Fenaughty, John.
Auckland, New Zealand: Auckland Curative, 2016
International
Brief on violence against sexual and gender minority women: Violence Against Women and Girls resource guide
by Crehan, Phil | McCleary-Sills, Jennifer.
VG resource guide, September 2015
Intimate partner violence in lesbian, gay, bisexual, trans, intersex and queer communities: Key issues
by Campo, Monica | Tayton, Sarah.
CFCA Practitioner Resource, December 2015
Melbourne, Vic: Child Family Community Australia, Australian Institute of Family Studies, 2015
Same-sex intimate partner homicide in Australia
by Gannoni, Alexandra | Cussen, Tracy.
Trends & issues in crime and criminal justice, March 2014, no. 469
Canberra, ACT: Australian Institute of Criminology, 2014
Sexual violence and gay, lesbian, bisexual, trans, intersex and queer communities
by Fileborn, Bianca.
ACSSA resource sheet, March 2012
Sydney, NSW: Australian Centre for the Study of Sexual Assault, 2012
The National Intimate Partner and Sexual Violence Survey (NISVS): 2010 findings on victimization by sexual orientation
by Walters, Mikel L | Chen, Jieru | Breiding, Matthew J | Chen, Jieru | Stevens, Mark R.
Atlanta, Ga.: National Center for Injury Prevention and Control, Centers for Disease Control and Prevention, 2013
Intimate partner violence and sexual abuse among LGBT people: A review of existing research
Brown, T.N.T. & Herman, J.L.
Los Angeles, CA: Williams Institute, 2015
Preventing and Responding to Domestic Violence in Lesbian, Gay, Bisexual, Transgender, or Queer (LGBTQ) Communities
VAWnet Special Collection, 2013
Sexual Violence in Lesbian, Gay, Bisexual, Transgender, Intersex, or Queer (LGBTIQ) Communities
VAWnet Special Collection, 2011
Exploring the service and support needs of male, lesbian, gay, bi-sexual and transgendered and black and other minority ethnic victims of domestic and sexual violence: Report prepared for the Home Office
by Hester, Marianne | Williamson, Emma | Regan, Linda | Coulter, Mark | Chantler, Khatidja | Gangoli, Geetanjali | Davenport, Rebecca | Green, Lorraine.
Bristol, England: University of Bristol, 2012
Primary prevention of family violence against people from LGBTI communities: An analysis of existing research
by Lay, Yvonne | Horsley, Philomena | Our Watch | GLHV@ARCSHS, La Trobe University.
Melbourne, Vic: Our Watch, 2017
***
Out on the Shelves is also an online resource that lists books with rainbow themes and characters, with the aim of supporting rainbow young people to find stories that represent their identities in positive and affirming ways. For more information see Out on the Shelves.
Te Korowai Ture ā-Whānau: The final report of the Independent Panel examining the 2014 family justice reforms (2019), makes 70 recommendations for change to law, policy and practices related to family justice services. These cover law, resourcing, administrative and operational processes and infrastructure. They also include recommendations relating to building capability and capacity within the Court and family justice services to "allow for children’s participation, recognise te ao Māori, provide for diversity, accommodate disability and better respond to family violence."
The Panel states the impact of the 2014 reforms could not be considered in isolation from other areas of family law, such as legislation governing family violence, care and protection, and relationship property. The review was not a first-principles review of the Family Court or family justice services as a whole however the Panel makes recommendations on a number of issues.
Findings and recommendations
The principal recommendation of the Panel is to introduce a joined-up family justice service called Te Korowai Ture ā-Whānau. This would bring together the in and out of court elements of family justice services, in an attempt to address siloing and fragmentation.
The remaining recommendations are grouped into the following categories:
- system-wide issues
- encouraging early agreement
- strengthening the Family Court
- monitoring and development.
Part One discusses the most significant system-wide issues in family justice services that were identified through consultation and research. These include: children’s participation, recognition of te ao Māori, responding to diversity, accommodating disability, family violence and children’s safety, and endemic delays. One of the key findings is "Knowledge of family violence in all its forms is still not widespread, and there appears to be limited understanding of its impact on children." (page 33)
The recommendations on family violence and children's safety are summarised in the Executive Summary as follows:
"Amend the Care of Children Act 2004 so that judges may:
a. make findings of fact in a timely way, where there is a disputed allegation of violence or abuse
b. undertake ongoing risk assessment, recognising that risk is dynamic and can be unpredictable.
Amend the Care of Children Act 2004 to include a checklist of factors the Family Court may take into consideration relevant to a child’s safety, including:
- the nature, seriousness and frequency of the violence used
- whether there is a historic pattern of violence or threats of violence, for example coercive and controlling behaviour or behaviour that causes or may cause the child or their carer cumulative harm
- the likelihood of further violence occurring
- the physical or emotional harm caused to the child by the violence
- whether the child will be safe in the care of or having contact with the violent person
- any views the child expresses on the matter
- any steps taken by the violent party to prevent further violence occurring
- any involvement or oversight by a community or other organisation relating to a child’s welfare
- any serious mental health condition that impacts on a party’s ability to ensure a child’s safety, and the steps taken to address this condition
- any drug or alcohol issues that impacts on a party’s ability to ensure a child’s safety, and the steps taken to address these issues
- any other matters the Court considers relevant."
Amend the Family Court Rules 2002 to specify Care of Children Act documents to include information about the safety needs of victim-survivors when attending court.
Amend the Care of Children Act 2004 and relevant Rules to enable the Family Court to
request relevant information about family harm or family violence incidents from Police and reports from supervised contact providers.
Direct the Ministry of Justice, in consultation with key stakeholders, to develop a risk
assessment tool for use with children, victim-survivors and perpetrators of violence.
Direct the Ministry of Justice to work with judges and relevant professional bodies to ensure family justice professionals receive consistent, ongoing training about family violence.
Amend the Family Violence Act 2018 (as it will be called from 1 July 2019) so that children who are the subject of Care of Children Act proceedings are able to access safety programmes available under that Act."
Part Two focuses on encouraging early agreement between parents and whānau. This includes "... ensuring parents and whānau must be able to access the right service at the right time in the right way." This considers quality and accessible information, counselling outside the Court, Parenting Through Separation (PTS), Family Dispute Resolution (FDR), access to early legal advice and community engagement.
Part Three focuses on Family Court processes. The Panel considered the increase in without notice applications, delays in resolution of cases, and the role of court professionals. It assesses the 2014 reforms and covers court registry staffing, judicial resourcing, access to legal representation, lawyer for child and psychologists, court-directed counselling, complex cases, case tracks and conferences, without notice applications, and cost contributions.
Part Four contains recommendations on monitoring and development. The Panel highlights there here has been no comprehensive monitoring of the impact of the 2014 reforms and available data is not adequate to compare and evaluate developments. This part addresses financial pressures, technology in the Family Court, the Family Court Rules, Care of Children Act forms and recommendations on monitoring and development.
The Appendices include a prioritisation of the recommendations and estimated costs to implement the recommendations.
An executive summary is available in Te Reo, an easy read version and a video with sign language. The Panel also released a research report commissioned from UMR Research, A qualitative study on behalf of the Independent Panel examining the 2014 family justice system reforms, which summarises interviews conducted with children, Māori and Pasifika parents and whānau, and disabled parents.
In releasing the report, Justice Minister Andrew Little said:
“These changes were meant to make things easier for families at a difficult time, but they have had the opposite effect. Cases are taking longer to resolve and many family members involved in the court processes say they are not well-supported. I am also keen to give close consideration to the recommendations about the need for more culturally sensitive approaches."
Andrew Little said he had tasked officials with developing a workable programme for change, and expected to receive advice from them by the end of the year.
Background information
The Justice Minister set up the independent to review the 2014 Family Court reforms in August 2018. The Panel ran two rounds of public consultation. The terms of reference, consultation documents, public submissions and consultation summary reports are available on the Ministry of Justice Family Court Rewrite webpage.
For more background see our previous stories:
Second round of consultation open on family justice reforms
Consultation open on family court review
Government announces panel to review 2014 Family Court Reforms
Responses to the report
In response, the Backbone Collective has written an open letter to the Prime Minister, stating,
"The Report is comprehensive with a wide range of recommendations. We accept that if implemented, the Court will be more efficient and effective for the straightforward cases. However, we believe recommendations 17-24 dealing specifically with ‘Family Violence and children’s safety’ fall well short in adequately addressing the complex and specialist cases involving family violence or child protection or the specific problems Backbone and many individual women raised with the Review Panel."
The open letter also discusses issues raised by media and advocates related to Oranga Tamariki's uplift practices, including the role of the Family Court in taking children into state care. The Backbone Collective recommends:
"1. The urgent establishment of interim measures to keep women and children safe in Family Violence and Child Protection cases being brought before the Family Court.
2. The urgent establishment of a Royal Commission of Inquiry into the processes, procedures, conduct and culture of the NZ Family Court and Oranga Tamariki in relation to cases of family violence and child protection - with powers to subpoena witnesses, interview judges and officials and review case files."
Co-founder Ruth Herbert has also written a piece about patterns the Backbone Collective has observed in the stories they have heard from women about how the state funded system responds.
In an interview on Waatea News, researchers Dr Jacinta Ruru and Associate Professor Khylee Quince discuss how areas of family law including the Family Court and Oranga Tamariki - Ministry for Children have not adequately or prominently considered and given effect to Te Tiriti o Waitangi. They note that legislative changes related to Oranga Tamariki coming into effect on 1 July 2019 provide new opportunities.
Jacinta Ruru and Khylee Quince have explored this with co-authors Tania Williams, Horiana Irwin-Easthope and Heather Gifford in a newly published paper on the Care and Protection of Tamariki Māori in the Family Court System (2019). The paper urges the government to give effect to long-standing Kaupapa Māori models for developing new legally-required evaluation measures aimed at reducing the disparities for Māori children and young people who come to the attention of Oranga Tamariki - Ministry for Children. This is the first of a new series of think piece papers published from Ngā Pae o te Māramatanga.
Related news
During the financial year 2018/19 the Ministry of Justice reviewed legal aid policy settings. Key themes in feedback from providers included: provider remuneration, eligibility thresholds for civil/family legal aid and the administrative burden on providers of legal aid processes. However Budget 2019 did not include funding to implement changes from this review. The Ministry of Justice is continuing to examine other areas of legal aid process for improvements. It has also begun a large piece of work reviewing provider application, approval, contracting and quality assurance processes.
A number of United Nations representatives, including the UN Special Rapporteur on violence against women, its causes and consequences have signed a joint statement addressing intimate partner violence (IPV) and child custody saying:
"The Platform of undersigned United Nations and regional independent mechanisms on violence against women and women’s rights voiced its concern over patterns across various jurisdictions of the world that ignore intimate partner violence against women in determining child custody cases. These patterns reveal underlying discriminatory gender bias and harmful gender stereotypes against women. Ignoring intimate partner violence against women in the determination of child custody can result in serious risks to the children and thus must be considered to ensure and grant their effective protection."
The joint statement highlights how a number of international mechanisms affirm that IPV should be considered in child custody cases. In conclusion they wrote:
"... the Platform reiterates its call that, in determination of custody and visitation rights of children, violence against women is taken into account in all custody cases and that perpetrators’ rights or claims during and after judicial proceedings, including with respect to property, privacy, child custody, access, contact and visitation, should be determined in the light of women’s and children’s human rights to life and physical, sexual and psychological integrity, and guided by the principle of the best interests of the child."
Related media
Mother says Family Court battle with her ex-partner has left her homeless, Stuff, 29.10.2019
Delivering certainty for Community Law Centres, Beehive Press Release, 27.06.2019
Better Funding Needed For Community Law, Press Release: Community Law Centres, Scoop, 27.06.2019
Māori Law Society backs family court overhaul, Waatea News, 20.06.2019
Family Court review calls for 70 changes costing up to $60m a year, RNZ, 17.06.2019
‘Monocultural’ Family Court must change - report, Newsroom, 17.06.2019
Time to disrupt family law with Treaty of Waitangi, Waatea News, 07.06.2019
Kaupapa-Māori approach urged for Māori kids in state care, RNZ, 05.06.2019
The first report from Te Uepū Hāpai i te Ora, the Safe and Effective Justice Advisory Group looking at criminal justice reforms was released on 9 June 2019.
The interim report, He Waka Roimata (A Vessel of Tears) (2019), summarises the feedback and ideas Te Uepū heard through their website, social media and events. This includes feedback from victims, offenders, whānau, families, communities, service providers and the wider public. It also includes feedback from the Hui Māori: Ināia Tonu Nei and the Strengthening the Criminal Justice System for Victims workshop.
In launching the report, Te Uepū Chair Chester Borrows said:
“The overwhelming impression we got from people who have experienced the criminal justice system is one of grief. Far too many New Zealanders feel the system has not dealt with them fairly, compassionately or with respect - and in many cases has caused more harm.
We heard that the current system simply isn’t delivering effective justice, and a 60 per cent reoffending rate within two years of a person leaving prison is some evidence of its ineffectiveness. We’re hearing that many victims are left with a sense that justice has not been done. People are feeling let down at their most vulnerable time.
And for Māori the legacy of colonisation comes in many forms, many of them with tragic consequences, as is the case in all colonised countries where indigenous peoples are over-represented in prison. This legacy is a gross unfairness and something we should not tolerate in New Zealand."
The report is primarily focused on exploring the following major issues, with a chapter dedicated to each:
- "too many people who have been harmed by crime feel unheard, misunderstood and re-victimised
- the number of Māori in the system is a crisis
- violence is an enormous problem, particularly for families and children
- formal justice processes fail us too often
- the system is too focused on punishment and neglects prevention, rehabilitation, reconciliation and repair of the harm done by crime
- individuals, families and whānau feel unsupported and disempowered by the system, and the ability of iwi, hapū, communities, NGOs and others to provide support is constrained by the siloed nature of government structures and funding arrangements
- people experiencing mental distress lack the support they need." (page 14)
Findings
Te Uepū states that the number of Māori in the justice system is a crisis and that racism is embedded in every part of the justice system. In Chapter 5, focused on Māori, Te Uepū writes about racism and colonisation:
"We heard that, for Māori, the impact of colonisation, neo-colonial practices and racism are everyday experiences that undermine, disenfranchise and frequently conspire to trap them in the criminal justice system. We heard that the criminal justice system has been used to actively weaken and undermine Māori culture and identity. We also heard these are confronting and difficult concepts for many non-Māori." (page 24)
Te Uepū also heard from Māori "that they still hold hope for change. They told us solutions for Māori exist, but they must be led locally and by Māori if they are going to work and be sustained over time." (page 3)
Te Uepū also heard that for the justice system to change, there must be constitutional change. In particular, honouring the promises of Te Tiriti o Waitangi and "... culturally informed, adaptive solutions to the problems of social harm and crime, and to work in equal partnership with government agencies to respond to these challenges." (page 24)
Chapter 6 focuses on family and sexual violence. Te Uepū heard from many people about the substantial harm from family violence and that:
"... the criminal justice system is not working effectively to prevent or address this violence and is frequently exacerbating it. People told us that services directed at family violence are too fragmented, underresourced, often poorly targeted and ineffective. They said processes are too drawn out (particularly for children), and too many people working in the system lack the skills, understanding and support they need to effectively help those who experience family violence." (page 29)
Wider challenges include the siloed and fragmented services as well as issues arising from family violence being addressed in two different jurisdictions of the court: family justice and criminal justice. They also heard that agencies designed to support families in these processes, including Oranga Tamariki - Ministry for Children, were frequently not well aligned.
Specific to sexual violence, Te Uepū writes:
"We also heard that those who experience the violence of a sexual assault have among the worst experiences of any group in the criminal justice system, and our responses are not always the most effective." (page 29)
Te Uepū heard that from people that while sexual violence offences caused serious harm, "... the criminal justice system response had been worse." (page 32) Te Uepū heard about a number of issues including: delays in processing complaints, failure of the system to provide safety, difficult and intrusive processes to gather evidence, lack of understanding by authorities, damaging stereotypes about the nature of sexual violence, adversarial nature of the criminal justice system, lack of support to navigate the system or deal with the harm from the event, and the inability of the system to meet the needs of some groups.
Māori, Pacific peoples, migrant and refugee communities, and members of the Rainbow (LGBTQI+) communities, and disability communities often did not experience appropriate responses or support.
Next steps
In his foreword to the report, Te Uepū Chair Chester Burrows writes:
"To recognise the need in this area and do nothing is unintelligent, uncivilised and unfathomable. Encouragingly, it seems an increasing number of people are willing to step up and meet the challenges. The system does not lack examples of innovation and success, but these need to become the norm, and this will take time."
Te Uepū Group will now develop recommendations to present to the Government in their final report.
For more information see the Hāpaitia te Oranga Tangata Safe and Effective Justice website: https://safeandeffectivejustice.govt.nz.
Related media
The missing Māori inside the agency that investigates police misconduct, The Spinoff, 17.06.2019
This is where we draw the line, Newsroom, 14.06.2019
Mātauranga Māori needed for justice reform, Waatea News, 13.06.2019
Restoration, not punishment, is key to criminal justice reform for Māori, The Spinoff, 12.06.2019
Iwi need to lead justice reform, Waatea News, 12.06.2019
Political consensus crucial to justice reform, Waatea News, 10.06.2019
Māori-led justice initiatives for Māori essential - advisor, Radio NZ, 10.06.2019
Damning justice report makes case for change, Newsroom, 10.06.2019
Evidence backs justice reform, Waatea News, 10.06.2019
Rangatahi justice approach reducing offending, Waatea News, 10.06.2019
New Zealanders want a better justice system, Beehive Press Release, 09.06.2019
Poor treatment of crime victims, Māori exposed in justice report, Radio NZ, 09.06.2019
The Ministry of Social Development's (MSD) latest email update for family violence and sexual violence service providers covers a number of areas of work.
You can view the updates online and subscribe to receive them to your inbox.
The June 2019 update includes:
- Next steps related to allocation of new funding for sexual violence services
- Next stage in designing the Whānau Resilience services - regional presentations underway
- Invitation to apply for Pouwhakataki/Community Connectors (previously known as Kairaranga) roles now on GETS (deadline to apply 13 June 2019)
- Fernhill analysis of sexual violence services completed, summary of recommendations
- Findings related to exploring gap in sexual violence post-crisis care and recovery (see the Rapid Evidence Review)
- Next phase of changes to Family Violence Acts
- Child and family research funding available for policy-relevant research projects that explore and analyse the data gathered by the Growing Up in New Zealand study
Read all past updates and sign up to receive future updates on the MSD website.
For questions about sexual violence service development email CI_Sexual_Violence_Services@msd.govt.nz and about the family violence work programme contact Family_Violence_CPP@msd.govt.nz.
Related news
See our previous story on the Government announcement about the $320 million package for family and sexual violence as part of the pre-Budget 2019 announcements.

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