CEDAW monitoring

Recommendation: 

(a) Recalling its general recommendation No. 28 (2010) on the core obligations of States parties under article 2 of the Convention and drawing the attention of the State party to target 5.1 of the Sustainable Development Goals, to end all forms of discrimination against all women and girls everywhere, the Committee recommends: Amend section 21(1)(a) of the Human Rights Act with a view to including specific prohibition of discrimination on the grounds of gender identity, gender expression, and sex characteristic

Response: 

Ministry of Justice

New Zealand will do more to protect the rights of rainbow communities. New Zealand will consider amending the HRA to include gender identity as a prohibited ground of discrimination.

WĀHINE MĀORI

Recommendation: 

(b) Enact the Legislation Bill to ensure that disclosure statements become binding legal obligations for all Government bills and instruments and ensure their compliance with international human rights standards.

Response: 

Ministry of Justice

The Legislation Bill was enacted in 2019. It will be brought into force after the enactment of the Secondary Legislation Bill, later in 2020.

Disclosure statements must record what steps have been taken to determine whether the policy to be given effect by the Bill is consistent with New Zealand’s international obligations.

WĀHINE MĀORI

Recommendation: 

 (c) The Committee further recommends that the State Party include a gender-specific rather than gender-neutral approach in its legislation, policies and programmes, in line with paragraph 5 of the Committee’s general recommendation No. 28.

Response: 

Ministry for Women

Every paper presented to the Social Wellbeing Cabinet Committee requires the responsible Minister and contributing agencies to include a gender impact statement. In addition, the Ministry for Women provides gender analysis and gendered input into a wide range of policy development.

The Ministry for Women has developed ‘Bringing Gender In’, a gender analysis tool for use in developing legislation, policies and programmes. The objective of this tool is to encourage agencies to consider gender implications as part of initial thinking about a policy issue. The Ministry for Women providing guidance to agencies for how to use the tool.

WĀHINE MĀORI

The Ministry for Women gender analysis tool ‘Bringing Gender In’ can help policy analysts to understand how policy affects diverse population groups, who benefits and who is excluded from policy priorities. This includes understanding the issues and likely impact of proposed policies on wāhine Māori.

Recommendation: 

(a) Maintain its dedication to ensuring the effective implementation of Security Council resolution 1325 (2000) on women, peace and security and subsequent resolutions in countries affected by conflict, including through ensuring that its national action plan contributes to significantly increasing the participation of women in peace processes

Response: 

Ministry of Foreign Affairs and Trade

As part of the Action Plan on Women, Peace and Security 2015-2019, New Zealand’s approach to implementing UN Security Council resolutions will focus on four key areas: advocating for women's empowerment and participation in conflict and peacebuilding; increasing the number of women deployed in police and military roles; ensuring gender analysis informs New Zealand’s peace support responses; promoting efforts to combat sexual violence.

NZ Police

Police reports annually on the progress of its key areas of responsibility under the National Action Plan (NAP) for the Implementation of UN Security Council Resolution 1325 on Women, Peace and Security. New Zealand’s approach to implementing the NAP focuses on four key areas associated with peace-building and conflict prevention. These are: prevention, participation, protection, and peacebuilding, relief and recovery.

WĀHINE MĀORI

Police is committed to moving its workforce to be representative of the communities we serve.  This includes ensuring we have representative levels of women, Māori and other ethnic groups within our recruitment, promotion and retention rates. This will support more wāhine Māori being able to participate in peace processes under the guidance of the National Action Plan.

 

Recommendation: 

(b) Allocate sufficient resources for the implementation of the national action plan and enhance the consultation with the women’s human rights organizations to ensure promoting the meaningful involvement of women at all stages in the women, peace and security agenda.

Response: 

Ministry of Foreign Affairs and Trade

Funding is provided from Ministry of Foreign Affairs and Trade's baseline funding.  Engagement with the International Women's Caucus and NGOs working in conflict areas (e.g., ICRC, Oxfam).

WĀHINE MĀORI

Recommendation: 

(a) the State party provide the New Zealand Human Rights Commission (NZHRC) with sufficient human, technical and financial resources to carry out its mandate to promote and protect women’s rights.

Response: 

Ministry of Justice

Human Rights Commission received an increase in funding in 2019 which was its first increase in funding in 12 years.

WĀHINE MĀORI

Recommendation: 

(b) the State party repeal Section 392 of the Immigration Act 2009 with a view to ensure that the New Zealand Human Rights Commission is mandated with the power to receive and process complaints from migrants, in line with the GANHRI recommendations of 2016

Response: 

Ministry of Business, Innovation and Employment

There are currently no plans to reform section 392 of the Immigration Act 2009. Providing the capacity for individuals to challenge the validity of immigration law or policies on the ground set out in the Human Rights Act 1993 would unreasonably constrain the government’s ability to set immigration policies. Section 392 recognises that immigration matters inherently involve different treatment on the basis of personal characteristics. The immigration policy development process emphases that any potentially discriminatory settings must be justifiable, and MBIE works closely with the Ministry of Justice to ensure that human rights legislation is complied with, and that where departures occur, there is sufficient reason for maintaining a distinction. 

MBIE notes that section 392 does not preclude the Human Rights Commissions’ ability to comment on and inquire into immigration matters generally, and it may respond to complaints or bring proceedings about issues that do not involve the substance of immigration law and policy. For example, the Human Rights Commission is able to hear a complaint about alleged racist abuse in the delivery of immigration services.  Further, there is a comprehensive set of mechanisms to challenge decisions on individual applications for visas. Immigration New Zealand has a complaints mechanism, set out at https://www.immigration.govt.nz/contact/complaints/complaint-about-inz, for those who consider that the service they have received was inadequate, processes have not been followed correctly, or previous complaints have not been fully addressed. The Immigration Act establishes that decisions on applications for temporary visas can be reviewed in some circumstances and that declined residence visa applications can be appealed to the Immigration and Protection Tribunal. The Immigration Act also enables appeals on points of law, and confers an ability to seek judicial review in some cases. 

WĀHINE MĀORI

Recommendation: 

(a) Systematically collect data on harmful practices, including cyberbullying targeting teenage girls, and to implement measures, such as awareness campaigns in schools, to prevent such practices.

Response: 

Harmful Digital Communications Act 2015; Approved Agency - Netsafe works alongside government agencies including the Ministry of Education and Ministry of Justice.

Ministry of Eduction

The Ministry of Education supports an independent organisation called Netsafe to help students stay safe online by providing online safety education, advice and support. Netsafe has dedicated education advisors working alongside schools to develop digital citizenship and advice on online safety.

Netsafe offer a free and confidential online service to help people experiencing online bullying as well as specific guidance relating to gender-based online abuse and race-based online abuse.

Schools in New Zealand are self-governing and each school is responsible for providing a physically and emotionally safe environment for their students through the development and implementation of appropriate policies. This encompasses bullying prevention and response.

The Ministry of Education promotes a whole of school approach to bullying prevention and response. We work within a group called the Bullying Prevention Advisory Group (BPAG) which provides joined-up cross-agency expertise and guidance around the ongoing development of resources and supports targeting bullying prevention and response. 

While a whole of school approach is recommended, learning about bullying and its effects can also take place for young people through the Health and Physical Education learning area of the New Zealand curriculum. It links strongly to the key competencies within the curriculum which include ‘managing self’ and ‘relating to others’.

WĀHINE MĀORI

To understand the prevalence of bullying behaviours in New Zealand Schools the New Zealand Government currently relies on data from sources such PISA (the Programme for International Student Assessment; 3-yearly) the TIMSS (the Trends in International Mathematics and Science Study; 4-yearly) and the PIRLS (the Progress in International Reading Literacy Study. Information relating specifically to wāhine Māori can be extracted provided the sample size is large enough in a given study year.

There are no specific policies aimed at Wāhine Māori with regards to anti-bullying. Schools in New Zealand are required to provide a physically and emotionally safe environment for all students and staff and this encompasses bullying prevention and response measures. The Ministry of Education encourages schools to utilise the Wellbeing@School (school climate) survey tools in order to help build an accurate picture of the experiences of their students and staff, determine where they can improve and take strategic action. The bullying prevention and response provisions aim to support schools to address bullying through the lens of the Bullying-Free NZ School framework. The Framework contains nine elements which evidence shows make up an effective whole school approach to bullying prevention and response including student leadership, agency and voice; targeted support and early response; effective use of data; working with parents, caregivers, whānau and the wider community; a positive school culture and climate that promotes respect and values diversity. In August 2019 the Bullying Prevention Advisory Group approved a work programme for 2019-2022. This programme includes actions which are aimed at gathering, acting upon and strengthening the voices of young people who are disproportionately impacted by bullying and to ensure strengthened te ao Māori and Pacific Peoples perspectives in ongoing  development of resources and initiatives.  

Recommendation: 

(b) Continue to combat harmful practices, in particular female genital mutilation (FGM), early and forced marriages, crimes in the name of so-called honour, dowry and polygamy, and systematically collect disaggregated data on those harmful practices.

Response: 

Ministry of Justice

The New Zealand Government believes FGM is harmful to the health of women and girls, and in January 1996 made the practice illegal under an amendment to the Crimes Act (section 204A) 1961. The Government funds information for health and child protection professionals to improve health outcomes for women who have undergone FGM, prevent FGM occurring in New Zealand, and provides specialist education and training for health providers to care for women who have undergone FGM, and regular training sessions for child protection and law enforcement agencies. Protocols for child protection and law enforcement are updated as required every 1-2 years. Section 207A of the Crimes Act .came into force on 3 December 2018, making an offence of coerced marriage or civil union. This was a result of the new Family Violence legislation. As at December 2019, no charges had been laid under this section

NZ Police

Police currently has policy in place around taking a multi-agency response to disclosures of forced and under age marriage. On 3 December 2018, a new offence was introduced with the Family Violence Act 2018 around coerced and underage marriage. Police has not filed a charge for this offence to date. 

In December 2012, Police signed a Letter of Agreement which outlines an inter-agency response for victims of forced and underaged marriage. 

The signatories to the Letter of Agreement with Police are: Child, Youth and Family, Work and Income and Family and Community Services (service lines of Ministry of Social Development), Ministry of Education and Immigration New Zealand.

Māori, Pacific and Ethnic Services within Police delivered FGM and forced and underaged marriage awareness training to new frontline recruits and the Crime Investigation Branch induction and selection course but acknowledge the offending goes largely unreported due to the vulnerability of victims.  This training will be delivered to staff engaging in any capacity with refugee communities at initial and local settlement levels.

WĀHINE MĀORI

Recommendation: 

(c) Adopt clear legislative provisions explicitly prohibiting the performance of unnecessary surgical or other medical treatment on intersex children before they reach the legal age of consent, provide families with intersex children with adequate counselling and support, and provide redress to intersex persons having undergone medical treatment.

Response: 

Ministry of Justice

Under s36 of the Care of Children Act, a child of or over the age of 16 years can consent or refuse to consent to medical or surgical treatment.  Under common law, children under the age of 16 may consent to medical treatment without parental consent if they are deemed competent under the Gillick test.

Treatment on any child under the age of 16 may be permitted with consent of either a guardian, a person in NZ acting in the place of a parent or a District Court Judge or the CE of Oranga Tamariki. These decisions would be made with medical professionals and in the context of the Gillick principles.

The New Zealand Child & Youth Intersex Clinical Network was established in August 2017 and intends to develop best-practice guidelines and protocols for infants born with differences in sex development.

The clinical network has  agreed international clinical definitions of intersex for New Zealand; and completed a stocktake of current education resources and programmes relevant for health workforces, intersex children, young people and their whānau.

 

Phase one of the network's work entails the following activities which are now underway: recommending tools that support the establishment of a national data set and/or audit system for intersex children and youth; developing primary care referral pathways; developing newborn principles of best practice; developing a communication strategy and plan.

Phase two of the network's work will entail considering making recommendations on education opportunities for increasing awareness of intersex people’s related experiences through the development of targeted education programmes.

WĀHINE MĀORI

Recommendation: 

(a) The Committee recommends that the State party amend Section 19 of the Prostitution Reform Act with a view to reducing its negative impact on migrant women

Response: 

Ministry of Business, Innovation and Employment

There are currently no plans to amend the Prostitution Reform Act. MBIE notes that section 19 was introduced as an anti-trafficking initiative, to protect migrant women from exploitation.   

In late 2019, Immigration New Zealand (INZ) took a proactive approach to better understand issues within the sex industry as part of wider work on combatting exploitation. This programme of work included gathering information to understand the particular challenges within this industry better. It also included educating the sex industry to ensure employers, facilitators of service and workers understand their rights and legal obligations. Information on this operational activity is available here. 

While temporary migrants are unable to work in the sex industry, migrant workers have the same employment rights as all other workers in New Zealand. Any migrants currently being forced to work in the sex industry New Zealand illegally can contact Immigration New Zealand on 0508 558 855 or the Labour Inspectorate on 0800 20 90 20, where their concerns will be handled in a safe environment. People report criminal activity anonymously through the CrimeStoppers website.

WĀHINE MĀORI

Recommendation: 

(b) Revise migration laws, remove the possibility of a fine only as punishment for trafficking and adopt measures aimed at preventing discrimination against women in prostitution in the State party and the factors that render migrant women vulnerable to trafficking, with a view to addressing those factors and structures

Response: 

Ministry of Business, Innovation and Employment

Section 98D of the Crimes Act criminalises trafficking in persons. The imprisonment and/or fine formulation is a common penalty provision in New Zealand statutes where substantial material gain is typically derived from the illegal activity. The formulation enables the prosecution and sentencing of a corporate entity (e.g. a company) if that entity has been used to commit or facilitate the offence. While an entity cannot be imprisoned, the imposition of a substantial fine is possible. The formulation also enables courts to rectify any material gain by an individual as well as punishing the individual by imprisonment. 

It is also highly unlikely that a fine alone sentence for an individual convicted of serious trafficking offences would be imposed due to the requirements of the Sentencing Act 2002, the judicial precedent set for imprisonment for this type of offending, and the New Zealand Government right of appeal. New Zealand has no intention to change this aspect of our legislation.

The Serious Offences Unit based in Auckland investigates organised offending, including human trafficking. Government is currently reviewing the Migrant Settlement and Integration Strategy and the Migrant Exploitation Prevention Strategy, with a focus on addressing exploitation of international students. 

Migrants who have been deceived or coerced to work in the sex industry would be treated as suspected victims of trafficking.

WĀHINE MĀORI

Recommendation: 

(c) Strengthen mechanisms to identify, protect and assist victims of trafficking and sexual exploitation, provide them with legal support and systematically collect comprehensive data about victims of trafficking and report them to the Committee in its next periodic report

Response: 

Ministry of Business, Innovation and Employment

The Government has a comprehensive, whole-of-government response to people trafficking called the Plan of Action to Prevent People Trafficking. The Plan’s goals are to prevent people trafficking, protect the human rights of trafficking victims, and prosecute people traffickers. MBIE is currently working in partnership with other government agencies, civil society and business to refresh the Plan of Action to reflect changes in our legislation as well as the nature of people trafficking in New Zealand. Consultation is scheduled for 2020. 

Data on victims of trafficking is collected by MBIE and reported through relevant mechanisms, including the UNODC. 

WĀHINE MĀORI

Recommendation: 

(d) Speedily adopt a new national action plan to combat human trafficking, in line with the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime

Response: 

Ministry of Business, Innovation and Employment

MBIE is currently working in partnership with other government agencies, civil society and business to refresh the Plan of Action to reflect changes in our legislation as well as the nature of people trafficking in New Zealand. The revised Plan of Action is scheduled to be delivered in 2020.

WĀHINE MĀORI

Recommendation: 

 (e) Revise the Crimes Amendment Act (2015) to criminalize trafficking in children even when no coercion, deception or other means of abuse of power are involved

Response: 

Ministry of Business, Innovation and Employment

This relates to s98D of the Crimes Act which criminalises trafficking in persons. The Government has increased its focus on the legislative framework and operational settings regarding the trafficking of children. In particular, we are considering whether improvements to our legislation can be made in respect of trafficking of victims under the age of 18 – including possibly removing the requirement for an element of coercion or deception. MBIE has been in discussions with the Ministry of Justice on the amendments to the Crimes Act 1961 needed to remove this requirement. These changes remain under government consideration.

Consideration of how New Zealand will best prevent child trafficking and protect child victims will also be a key focus area in the 2020 refresh of the Plan of Action to Prevent People Trafficking (PoA).

WĀHINE MĀORI

Recommendation: 

 (f) Ensure that victims of trafficking are provided with adequate protection and support, including by establishing separate, well-equipped shelters with trained staff to address their specific needs and concerns and strengthen long-term reintegration measures for victims of trafficking

Response: 

New Zealand currently provides individuals identified as victims of trafficking with protection and support services on a case-by-case basis. This support will be formalised through the Plan of Action refresh, with MBIE and NZ Police as the lead agencies.

WĀHINE MĀORI

Recommendation: 

(a) Take all necessary measures, including through increased resources, to facilitate access to secondary and tertiary education for rural girls and women.

Response: 

The Government’s renewed focus on the regions, including the $1 billion annual Provincial Growth fund, and a focus on “rural proofing” policies and initiatives in their design stages provides a significant opportunity to improve outcomes for rural women and girls [see background].  Investment in the regions and a gender lens on rural proofing could benefit rural women through better targeted health policies, increased job opportunities and improved access to services.

The Government provides funding to Adult and Community Education which  support more rural woman to access education in their communities.  

The Ministry of Education provides transport assistance where distance, or accessibility for students with special needs, may be a barrier to students attending the closest school they can enrol at. The majority of our assistance is provided in rural areas because there is no public transport available. For eligible students, this assistance is fully funded by the Ministry.

The Ministry of Education provides additional funding to schools deemed to be isolated. (Targeted Funding for Isolation). This benefits girls and boys equally.

A free regional bus service for tertiary students will be launched in 2020 across the Bay of Plenty Region.

The service is a joint venture between the University of Waikato, Toi-Ohomai Institute of Technology and the Bay of Plenty Regional Council, with each organisation contributing funds to make the service available, along with a grant from the New Zealand Transport Association (NZTA).

The service will mean students from around the Bay in Katikati, Rotorua and Whakatāne will be able to travel into Tauranga and back every weekday from 1 February 2020 to 20 December 2020.

Wāhine Māori

Students attending Kura Kaupapa Māori and designated character wharekura providing education under Section 155 or 156 of the Education Act 1989, that teach all or some curriculum subjects in Te Reo Māori for at least 51 percent of the time (Māori language immersion levels 1-2), may be eligible for transport assistance even if this school is not their closest school. This is because we take into consideration the level of Māori language immersion offered that caregivers may wish their tamariki/children to access.

Though the majority of students in Kura Kauapapa and Wharekura are Māori, this is a small percentage of the wāhine Māori population as whole. 

Recommendation: 

(b) Ensure the inclusion in school curricula of mandatory, culturally sensitive and age-appropriate education on sexual and reproductive health and rights and responsible sexual behaviour, focusing on the prevention and the consequences of early pregnancy and sexually transmitted infections.

Response: 

Schools are required to develop programmes that best meet the needs as of their students as identified by the community. There is no compulsion around what content is taught within health education. An individual school’s health education programme will be localised to reflect the mandatory community consultation that must take place at least every two years. This will dictate what topics are taught. The Ministry does however provide comprehensive guidance to schools about what and how sexuality education should be covered.

The Ministry of Education in New Zealand is currently embarking on another refresh of our guidance to schools to strengthen aspects of overall wellbeing, relationships, LGBTIQA+ issues and issues relating to pornography. The Sexuality Education Guidelines are also likely to be renamed Relationship and Sexuality Guidelines, partly to increase primary school engagement.

Find out more on the Ministry of Education website.

Wāhine Māori

Ministry of Health:

The majority of providers of community and school based sexual and reproductive health promotion are Māori and work with Māori communities and young people. The qualitative data collected about providers work e.g. the groups they work with, and resources produced is used for quality improvement and provider support. 

Recommendation: 

(c) Provide girls with a safe educational environment free from discrimination and sexual violence and include education on non-violence in the curricula

Response: 

Schools are required to develop programmes that best meet the needs as of their students as identified by the community. There is no compulsion around what content is taught within health education. An individual school’s health education programme will be localised to reflect the mandatory community consultation that must take place at least every two years. This will dictate what topics are taught. The Ministry does however provide comprehensive guidance to schools about what and how sexuality education should be covered.

The Ministry of Education in New Zealand is currently embarking on another refresh of our guidance to schools to strengthen aspects of overall wellbeing, relationships, LGBTIQA+ issues and issues relating to pornography. The Sexuality Education Guidelines are also likely to be renamed Relationship and Sexuality Guidelines, partly to increase primary school engagement.

Find out more here.

Recommendation: 

(b) Consider adopting a new law based on the recommendations of the reconvened joint working group on pay equity principles, with a view to applying it to both the public and private sectors

Response: 

Ministry of Business, Innovation and Employment

Government has introduced the Equal Pay Amendment Bill to provide a process for raising and progressing a pay equity claim, based on the recommendations of the Joint Working Group (JWG) and the Reconvened Joint Working Group (RJWG). This Bill makes it easier for employees to make a pay equity claim, using a more simple and accessible process within New Zealand’s existing bargaining framework, rather than through the court system.

Two settlements (e.g. Ministry of Education support workers, Oranga Tamariki statutory social workers) have been settled using the JWG and RJWG principles, in advance of the Bill being enacted, and more are underway (e.g. teacher aides, DHB admin and clerical workers, DHB nurses and midwives,  and DHB allied and technical, NGO social workers and support workers).

MBIE has received $1 million funding for 12 months 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.

WĀHINE MĀORI

Recommendation: 

(c) Adopt and enforce the principle of equal pay for work of equal value in a revised employment relations legislation covering both public and private workplaces, including through analytical job classification and evaluation methods and regular pay surveys, and regularly review wages in sectors in which women are concentrated.

Response: 

Ministry of Business, Innovation and Employment

Part of the process for bargaining a pay equity settlement under the Equal Pay Amendment Bill will involve assessment of the work being performed and the remuneration paid to those performing the work, and the work performed by, and remuneration paid to, appropriate comparators.

The Public Sector Gender Pay Gap and Equity Taskforce has issued guidance and resources on removing bias from salary-setting, recruitment, negotiating flexible work arrangements, career progression and remuneration in the public sector.

WĀHINE MĀORI

Household Labour Force and Census data can be used to break down the population of employees in particular occupations by hourly wage, ethnicity, and gender. This can give an indication of any low-paid sectors where wāhine Māori are overrepresented as a proportion of the occupation, or the low paid  occupations where wahine Māori are most likely to work. Whilst the low pay in each of these sectors may not necessarily be a pay equity issue, this information can still inform where pay equity claims are likely to have the greatest effect for wāhine Māori.

Recommendation: 

(d) Adopt temporary special measures to address occupational segregation and ensure that women and men have equal promotion opportunities.

Response: 

Ministry of Business, Innovation and Employment

More broadly, the Government is working on several initiatives to attract and retain priority groups of women in occupations where high growth is projected and women are underrepresented, such as trades, science, technology, engineering and mathematics. MBIE published the Diversity in Science Statement in 2018 and has drafted a letter of expectation to all Crown Research Institutes which included expectation of progress in closing gender pay gaps and ensuring a diverse workplace. The draft Research Science and Innovation Strategy also includes a focus on increasing the diversity of the research, science and innovation workforce.

The Government’s employment strategy includes population-focused action plans to address persistently poor labour market outcomes. While there is currently no plan expressly focused on women, plans such as those focused on improving employment and training outcomes for youth, Maori and Pacific, and older workers will have a strong cross-sectional focus on addressing gender inequities.

There are a number of government initiatives across a range of other portfolios which impact on outcomes for wāhine  Māori, including the Government’s response to the Welfare Expert Advisory Group, the Provincial Growth Fund  (especially te Ara Mahi),  Te Kupenga’s E Rērē action plan, the Tomorrow’s Schools Review (especially its Māori focus), the next phase of the Ka Hikitia (the Māori education strategy), and Te Kotahitanga (a programme to improve education outcomes for Māori learners).

WĀHINE MĀORI

Each programme of work will have its own associated monitoring and evaluation processes.

Recommendation: 

34/a) The Committee recommends that the State party adopt and implement policies, with time-bound targets and indicators, to increase employment opportunities for women in the formal sector, eliminate occupational segregation and achieve substantive equality of women and men in the labour market

Response: 

Ministry of Business, Innovation and Employment

While Government is working on several initiatives to attract and retain priority groups of women in occupations where high growth is projected and women are underrepresented, there are no temporary special measures.

The All-of-Government Employment Strategy was released in the middle of 2019, and sets out the Government’s programme for improving labour market outcomes and supporting rewarding jobs that contribute to a productive, sustainable and inclusive economy. It does this through six population-focused Employment Action Plans (for Youth; Māori; Disability; Pacific Peoples; Older Workers; and Refugees, Recent Migrants and Ethnic Communities).

This work programme involves work from multiple agencies, and different Ministers are leading different Action Plans. It presents an opportunity to consider specifically what Government actions could be used to support positive labour market and employment outcomes for all workers, including women, and to highlight opportunities for better data collection and analysis.

Specific work in relation to women could be done on each of the Action Plans.

WĀHINE MĀORI

The Māori Employment Action Plan could, depending on the way in which the work progresses, specifically consider wāhine Māori as a focus. This could also be an opportunity to consider the Government’s response to the Mana Wāhine kaupapa inquiry.

Recommendation: 

(a) Urgently addresses the working conditions of Māori, Pasifika, women with disabilities and young women in all areas of employment including through data collection and analysis

Response: 

Ministry of Business, Innovation and Employment

While Government is working on several initiatives to attract and retain priority groups of women in occupations where high growth is projected and women are underrepresented, there are no temporary special measures.

The All-of-Government Employment Strategy was released in the middle of 2019, and sets out the Government’s programme for improving labour market outcomes and supporting rewarding jobs that contribute to a productive, sustainable and inclusive economy. It does this through six population-focused Employment Action Plans (for Youth; Māori; Disability; Pacific Peoples; Older Workers; and Refugees, Recent Migrants and Ethnic Communities).

This work programme involves work from multiple agencies, and different Ministers are leading different Action Plans. It presents an opportunity to consider specifically what Government actions could be used to support positive labour market and employment outcomes for all workers, including women, and to highlight opportunities for better data collection and analysis.

Specific work in relation to women could be done on each of the Action Plans.

WĀHINE MĀORI

The Māori Employment Action Plan could, depending on the way in which the work progresses, specifically consider wāhine Māori as a focus. This could also be an opportunity to consider the Government’s response to the Mana Wāhine kaupapa inquiry.

Recommendation: 

(a) Amend the Social Security Act to fully align it with its obligations under the Convention

Response: 

The Government made the commitment to overhaul the welfare system to ensure it is accessible and fair for all New Zealanders and working effectively and compassionately. It established the Welfare Expert Advisory Group (the Group) in May 2018 to support this work. The Group delivered its final advice in February 2019 with 42 recommendations. There is work underway to address some of these recommendations while the remainder will need to be phased-in over time.

Over the next two to four years we will focus on:

• resetting the foundations of the welfare system;
• increasing income support and addressing debt;
• strengthening and expanding employment services;
• improving supports and services for disable people, and people with mental conditions and disabilities and their carers; and
• enhancing the community sector.

Over the next four to five years and beyond, we will focus on:

• simplifying the income support system;
• aligning the welfare system with other support systems; and
• reviewing housing and childcare supports.

An engagement strategy will be developed in 2020 for the overall work programme, which would include engagement with women from diverse backgrounds and experiences.

Recommendation: 

(c) Take measures to reduce poverty and improve the economic empowerment of women, in particular rural women, Māori, Pacific, Asian, immigrant, migrant and refugee women, and women with disabilities.

Response: 

Women are disproportionately represented in some areas of the welfare system. For example, over 90 percent of Sole Parent Support recipients are women.[1] In June 2019, the Social Assistance Legislation (Budget 2019 Welfare Package) Amendment Bill repealed section 192 of the Social Security Act 2018, which sanctions sole parent beneficiaries who do not name the other parent of their child.  Women undertake the majority of caring work in New Zealand, both paid and unpaid. The  long-term welfare overhaul work programme includes work on income support settings to explore eligibility and entitlement rules, which would have the potential to empower women’s economic independence. 

Recommendation: 

(b) Increase tax collection and improve revenue administration, with a view to increasing social expenditure.

Response: 

Inland Revenu is improving its administration of tax collection and the social expenditure it is responsible for, such as tax credits and child support, through a multi-year Business Transformation project.  Inland Revenue and the Treasury regularly review New Zealand's tax settings to advise the Government on whether they are appropriate.  The Government also recently commissioned a tax working group, which reviewed and recommended changes to the tax system - https://taxworkinggroup.govt.nz/.  The Government considers many factors in setting the level of taxation, such as economic efficiency, fairness, and the effect on foreign direct investment.

Wāhine Māori

The current tax system is based on the principle of having a broad base and a low rate.  It does not discriminate based on gender or ethnicity  (although there are some provisions designed to reflect the particular circumstances of Māori).  Instead social assistance is generally provided by transfers under the social welfare system, which can be better targeted.  There are no plans to change this.  Inland Revenue does not currently collect gender or ethnicity data for tax purposes, including data on wāhine Māori.

Recommendation: 

(d) In line with the Committee’s general recommendation No. 28 (2010) on the core obligations of States parties under article 2 of the Convention, undertake independent, participatory and periodic impact assessments of the extraterritorial effects of its financial and corporate tax policies on women’s rights and substantive equality, ensuring that those assessments are conducted impartially, with public disclosure of the methodology used and the findings.

Recommendation: 

(a) Continue raising awareness among women about their rights under the Convention and on the procedures under the Optional Protocol to the Convention, with particular emphasis on the concept of substantive equality.

Response: 

The Government raises awareness of CEDAW in several ways, including having publicly available information on government websites, inviting public submissions on draft periodic reports to CEDAW and providing information on how to do so. 

Mana Wāhine

In 2019, the Ministry for Women established the Mana Wāhine roopū which has two functions. These are to coordinate the Government response to the Mana Wāhine Kaupapa Inquiry and to work across Government agencies to improve outcomes for wāhine Māori. It is expected that the roopū will aid in increasing knowledge and visibility about CEDAW.

Recommendation: 

(b) Ensure that the Convention, the Committee’s jurisprudence under the Optional Protocol, as well as its general recommendations, form part of mandatory training of the judiciary, law enforcement personnel, lawyers, social workers, medical personnel and other relevant professional group

Response: 

Ministry of Justice:

In keeping with New Zealand's constitutional separation of powers, the judiciary is independent of central government. Its education is delivered by the Institute of Judicial Studies. The New Zealand government will inform the Institute of Judicial Studies of the Committee's recommendation.

The New Zealand government does not specify the content of mandatory education and training for lawyers, but will inform training providers and regulators of the Committee's recommendation.

Corrections:

All new Ara Poutama Aotearoa custodial staff participate in the ‘Our Way and Human Rights’ e-learning programme which notes Aotearoa's obligations under CEDAW.  This e-learning programme is available for all Ara Poutama Aotearoa staff to complete.

Police:

Information relating to the Convention on the Elimination of Discrimination Against Women (the Convention) has been prepared for presentation at the Detective Sergeant course which is conducted two to three times a year. This content focuses on the United Nations Special Rapporteur on violence against women, its causes and consequences.

A review of the Detective Development Course and Detective Qualifying Course is commencing in December 2019. Consideration of the Convention will form part of these updates, both from a knowledge perspective and being weaved into investigative interviewing and scenario based exercises.

In 2020 a review of the Detective Development Programme E-Modules will be conducted. The Convention will be included in this review.

Wāhine Māori

Ministry of Justice: In 2019, the Institute of Judicial Studies' programme included courses on best practice in both sexual and family violence trials, as well as on tikanga Maori and navigating our increasingly diverse courtrooms.

Corrections: All data collected by Ara Poutama Aotearoa can be disaggregated by gender and ethnicity.  Moving forward, under the recently created role and appointment of Deputy Chief Executive Māori and the new Ara Poutama Aotearoa strategy Hōkai Rangi, we will be exploring ways of effectively measuring outcomes for wāhine Māori under the care and management of Ara Poutama Aotearoa.

Recommendation: 

(a) Increase availability of legal aid for women, particularly Māori, Ethnic and migrant women, including in civil and family courts

Response: 

There are currently no plans to increase funding for legal aid. However, legal aid is currently available for criminal and civil, including family, proceedings to those who have the most difficulty funding legal representation. This includes Māori, ethnic and migrant women.

Recommendation: 

(b) Disseminate information, in particular in rural and remote areas, about the legal remedies available to women regarding violations of their rights

Response: 

Ministry of Justice:

The Human Rights Commission has information about legal aid processes and services available online in four community languages in addition to English. There is not currently a specific programme to deliver information to rural and remote areas.

Police partners with communities, iwi, and non-government organisations to share information, which includes providing legal updates and advice for victims. Police, on behalf of the Family Violence and Sexual Violence Joint Venture, host the Integrated Safety Response (ISR) initiatives in Canterbury and Waikato, and Whāngaia Ngā Pā Harakeke (WNPH) sites in a number of areas across New Zealand.  Both of these responses are designed to ensure victims, perpetrators, families and whānau receive the help they need when they need it in relation to family violence. In relation to family harm call outs more generally, the report that is filled out by frontline officers when they attend a family harm event contains a prompt to advise victims of the availability of services and responses.

Recommendation: 

(c) Strengthen gender responsiveness and gender sensitivity within the judiciary, including by increasing the number of women judges and strengthening systematic capacity-building for judges, prosecutors, lawyers, police officers and other law enforcement officials on the Convention.

Response: 

Ministry of Justice:

Education is provided to the judiciary and lawyers by the relevant professional bodies. In New Zealand’s system of government, the principle of judicial independence requires that the Government does not direct the Institute of Judicial Studies as to the provision of educational resources for the Judiciary.  Additional funding was secured in Budget 2019 for judicial training, and for additional Continuing Legal Education for lawyers, with a focus on sexual violence, and the Ministry is taking the opportunity to expand this training to family violence. 

Police:

Police is committed to moving its workforce to be representative of the communities we serve.  This includes ensuring we have representative levels of Women, Māori and other ethnic groups within our recruitment, promotion and retention rates. A programme of work on unconscious bias is currently being rolled out to all our people. NZ Police has a goal of half of all recruits being female, and is committed to increasing the number of women at all ranks. This is being achieved by increasing the number of women entering Police, and ensuring that they, and existing staff, are retained and developed to their full potential. 

A programme of work is underway to embed flexible working arrangements. This will make it easier for women to join Police on flexible work arrangements. Progress to date shows women now account for around one in five constabulary staff, and work across the full range of policing activities. Women also hold a range of key leadership roles within Police, including on the Police Executive, as District Commanders, and as the head of major operations and work groups.

Corrections:

A range of staff across the three Ara Poutama Aotearoa women's prisons recently attended a week-long training programme, Poutamatia, designed to strengthen their practice in Te Mana Wāhine Pathway. It is a principle-based training programme designed to equip staff with key knowledge, tools and practice imperatives when facilitating, supporting and implementing pathways of wellness for Māori women. Poutamatia explores traditional and contemporary functions of Whānau (relationships), Kaitiaki (guardianship), Rangatira (leadership), Manaaki (respect) and Wairua (spirituality) and how to apply them in everyday practice.

Ara Poutama Aotearoa has guidance for staff on working with women and transgender people, including practice tools tailored to women.

A one-day trauma informed practice training was rolled out to all Ara Poutama Aotearoa prisons and community corrections sites in late 2018/ early 2019, with plans for this to be ongoing.  Trauma informed practice cards are being developed for staff.  There are trauma counsellors and social workers in all Ara Poutama Aotearoa women's prisons. 

Wāhine Māori

NZ Police aims to increase the number of Māori to be represented of their proportion of the population by 2023, recruitment targets have been set to achieve this goal. Since July 2017 the number of wāhine Māori within the Constabulary workforce has grown by 38%.

Corrections: Many of the actions in the previous column will be designed for wāhine Māori in alignment with Ara Poutama Aotearoa's strategy, Hōkai Rangi.  

One of the short-term commitments of Hōkai Rangi (within the first six to 24 months) is to co-design kaupapa Māori (Māori principles) services specifically for wāhine Māori and rangatahi (youth) Māori. A key focus will be on strengthening their sense of identity and belonging through better cultural awareness and connection to whānau (family), hapū (sub-tribe), and iwi (tribe) through rehabilitation and reintegration pathways and interventions.

 

All data collected by Ara Poutama Aotearoa can be disaggregated by gender and ethnicity.  Moving forwards, under the recently created role and appointment of a Deputy Chief Executive Māori and the new Ara Poutama Aotearoa strategy Hōkai Rangi, we will be exploring ways of effectively measuring data and outcomes for wāhine Māori.   

Many of the actions in the previous column will be designed for wāhine Māori in alignment with Ara Poutama Aotearoa's strategy, Hōkai Rangi.  

One of the short-term commitments of Hōkai Rangi (within the first six to 24 months) is to co-design kaupapa Māori (Māori principles) services specifically for wāhine Māori and rangatahi (youth) Māori. A key focus will be on strengthening their sense of identity and belonging through better cultural awareness and connection to whānau (family), hapū (sub-tribe), and iwi (tribe) through rehabilitation and reintegration pathways and interventions.

 

All data collected by Ara Poutama Aotearoa can be disaggregated by gender and ethnicity.  Moving forwards, under the recently created role and appointment of a Deputy Chief Executive Māori and the new Ara Poutama Aotearoa strategy Hōkai Rangi, we will be exploring ways of effectively measuring data and outcomes for wāhine Māori.