Convention on the Elimination of All Forms of Discrimination against Women

(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.

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.

Ministry of Justice

(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.

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.

Ministry of Justice

(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.

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.

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.

Ministry for Women

(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

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.

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.

Ministry of Foreign Affairs and Trade, New Zealand Defence Force, New Zealand Police

(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.

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).

Ministry of Foreign Affairs and Trade

(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.

Ministry of Justice

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

Ministry of Justice

(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

Ministry of Justice

While there are currently no plans to reform section 392 of the Immigration Act the Government is considering a potential review of the Human Rights Act, and the jurisdiction of the Human Rights Commission may be in scope of this review. However, no decisions about a review have been made.

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/about-us/contact/complaints, 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. 

Ministry of Business, Innovation and Employment, Ministry of Justice

(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.

Ministry of Justice

Harmful Digital Communications Act 2015; Approved Agency - Netsafe works alongside government agencies including the Ministry of Education and Ministry of Justice. The Ministry of Justice has been reviewing the Act. We cannot at this stage advise when the review will be finalised, as it is subject to other government priorities.

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’.

Netsafe collects statistics on complaints by race and gender (where provided), high-level breakdown of complaint reports by type, and client satisfaction summary.

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.

Ministry of Education, Ministry of Justice

(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.

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.

(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.

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.

(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

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.

Ministry of Justice

Ministry of Business, Innovation and Employment

(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

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.

Ministry of Business, Innovation and Employment, Ministry of Justice

(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

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. 

Ministry of Business, Innovation and Employment, Ministry of Justice

Customs

(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

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.

Ministry of Business, Innovation and Employment, Ministry of Justice

Customs

(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

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).

Ministry of Business, Innovation and Employment, Ministry of Justice

Customs

(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

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.

Ministry of Business, Innovation and Employment, Ministry of Social Development

Customs, Ministry of Justice

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

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.

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.

Ministry of Education

(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

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.

Ministry of Business, Innovation and Employment

Ministry for Women

(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.

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.

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.

Ministry of Business, Innovation and Employment

Ministry for Women

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

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).

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

Ministry for Women, Ministry of Business, Innovation and Employment

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

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.

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.

Ministry for Women, Ministry of Business, Innovation and Employment

(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

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.

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.

Ministry of Business, Innovation and Employment, Ministry of Social Development

Ministry for Women

(a) Remove abortion from the Crimes Act 1961 and amend the Contraception, Sterilisation and Abortion Act 1977 in order for abortion to be fully decriminalized and incorporated into health services legislation

Ministry of Justice

Parliament on 5 August 2019 and passed the first reading on 8 August 2019. The Bill was then referred to the Abortion Legislation Select Committee which is expected to report back to Parliament in February 2020. The Bill will be subject to a conscience vote in Parliament. Conscience votes are on issues where Members of Parliament are permitted to vote freely (according to their personal beliefs), without being expected to follow a collective political party position.

The Bill is intended to decriminalise abortion and align the regulation of abortion law with other health services. The Bill removes the criminal aspects of the law for health practitioners providing abortion services and women who have an abortion. 

The remaining criminal offence related to abortion is for people who are not health practitioners who perform or attempt to perform an abortion. The person (upon whom the abortion is attempted or performed) is excluded from the offence.

Some provisions in the Bill would likely reduce barriers to access and improve equitable outcomes for wāhine Māori. The Bill provides that a woman can self-refer to an abortion service provider. The Bill also repeals the role of, and requirement for, two certifying consultants to authorise an abortion, and it removes the need to specifically license hospitals, clinics, and other premises that provide abortion facilities.

These changes would mean that women would no longer need to first see a doctor to be referred to abortion services. Abortion medicines would be able to be administered by appropriately qualified health practitioners at a wider range of health care facilities in the future, which may reduce the frequency with which women are required to travel significant distances to reach an abortion provider. Furthermore, we expect the removal of the requirement to seek legal authorisation from two certifying consultants would reduce delays. 

Statistics on abortion are currently  collected and reported by the Abortion Supervisory Committee. These statistics include number of abortions by ethnic group and abortions by ethnicity ratio. In 2018, the most recent year for which data is available, wāhine Māori had the highest ethnicity ratio at 192 abortions per 1,000 known pregnancies. This compares to 189 for Asian women and 170 respectively for both European and Pacific women. If the Abortion Legislation Bill passes, the Abortion Supervisory Committee would be disestablished and the requirement to collect and publish abortion data would shift to the Director-General of Health. The Ministry of Health has commenced implementation planning, including considering which data would be most useful to collect. For continuity purposes, it would be important to collect data on abortions by ethic group.

The Abortion Supervisory Committee’s updated 2018 Standards of Care document contains significantly more information and guidance for practitioners around Māori health, belief systems and cultural practices than the previous 2009 Standards of Care. There are also 15 new standards relating to care of Māori patients. These meet the objectives of He Korowai Oranga, the Māori Health Strategy. 

The Ministry of Health is also developing a sexual and reproductive health work programme, outlining actions agreed to during previous consultation by the Ministry, district health boards and the sexual and reproductive health sector. The focus will be on equity and other government priorities."

Ministry of Health, Ministry of Justice

(b) Ensure that abortion is legalized at least in cases of rape, incest, threats to the life or health of the pregnant woman or severe foetal impairment, and ensure women’s access to safe abortion and post-abortion care and services

Abortion is already legal for several of the cases listed above.

The Crimes Act 1961 provides statutory grounds for abortion up to twenty weeks of pregnancy on the following grounds:

• serious danger to the life, or to the physical or mental health, of the woman or girl
• substantial risk of the fetus being “seriously handicapped”
• incest
• that the woman or girl is “severely subnormal”.

Rape is not a statutory ground, but can be taken into account when determining if the pregnancy would result in serious danger to the woman’s life or physical or mental health.

After twenty weeks of pregnancy, the current grounds for abortion in the Crimes Act are narrower. Abortion is legal only to save the life of the woman or girl or to prevent serious permanent injury to her physical or mental health. Under these grounds, the impact of severe fetal impairment on a woman’s mental health can be considered.

The Abortion Legislation Bill would decriminalise abortion for women. 

Women’s access to safe abortion and post-abortion care and services is planned for and funded as a part of the general delivery of health and disability services in New Zealand. New Zealand has several legal frameworks for protecting the health and safety of women in the delivery of abortion services, through the regulation of health practitioners’ competence, medicine, and of health facilities.

Ministry of Health, Ministry of Justice

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

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.

Ministry of Social Development

(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.

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.

Ministry of Social Development

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

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.

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.

(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.

(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.

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.

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.

Ministry for Women

(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

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.

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.

Ministry of Justice

Crown Law, New Zealand Police, Serious Fraud Office

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

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.

Ministry of Justice

Crown Law, New Zealand Police

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

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.

Ministry of Justice

Ministry for Women, New Zealand Police

(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.

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. 

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.

Ministry of Justice

Corrections, New Zealand Police, Serious Fraud Office

The Committee further recommends the State party to implement the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules) and provide alternatives to detention to reduce the high number of Māori women detainees.

Ministry of Justice:

Government has committed to reduce the prison population by 30 percent within the next 15 years. To prevent the numbers of women in detention growing, and to better support those that are in detention, the Government has introduced a gender- and culturally-responsive approach to managing women prisoners based on evidence of what works to reduce women’s re-offending. The rate of Māori women commencing a prison sentence decreased by 17% between 2016/17 and 2018/19 and the rate of Māori women commencing a community sentence decreased by 10%.  However, during the same period the rate of Māori women placed in custodial remand increased by 31%.  In 2018/19, Māori women were 12.7 times more likely to be placed on custodial remand than non-Māori women. 

Corrections:

A short-term commitment of the Hōkai Rangi strategy is to undertake a piece of research and analysis looking at how Ara Poutama Aotearoa can actively work towards keeping rangatahi (youth) and wāhine (especially wāhine with primary care of children) out of prison. Ara Poutama Aotearoa are partnering with Māori to deliver support services for wāhine Māori in the community.  In the Hawke’s Bay Ara Poutama Aotearoa have partnered with Ngāti Kahungunu to develop and deliver Te Waireka. This is a residential wrap around support service for wāhine being sentenced to home detention or being released on parole or released on conditions.  The Collins Road Resettlement Centre is being developed in partnership between Ara Poutama Aotearoa, the Kiingitanga and Housing New Zealand. The facility will provide accommodation and wrap around support services for up to 24 wāhine who have been released from a custodial sentence. The aim is to provide a safe environment for these wāhine while they re-establish their lives and reconnect with their children. He Kete Oranga o te Mana Wāhine is an Ara Poutama Aotearoa 10-bed residence in Christchurch which provides a therapeutic programme for wāhine in the justice system with alcohol and other drug needs.  The house can be put forward as an accommodation option for wāhine applying for bail or parole, with engagement with whānau being central to the programme. 

Corrections: 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.

Ministry of Justice

Corrections

The Committee recommends that the State party adopt all necessary legislation, including temporary special measures and awareness-raising measures, to combat intersecting forms of discrimination against women, particularly in assessing health-care services and protecting their right to land ownership.

Ministry of Justice:

The Health Services and Outcomes Kaupapa Inquiry will inquire into health services and outcomes for Māori, including Māori Women. The Waitangi Tribunal is about to start the Mana Wāhine Kaupapa Inquiry into claims of prejudice against Māori women arising from Crown Treaty breaches.

Ministry of Justice: The Waitangi Tribunal’s kaupapa inquiry programme is designed to provide a pathway to hear nationally significant claim issues that affect Māori as a whole or a section of Māori in similar ways. Wai 2575 - the Health Services and Outcomes Inquiry (Wai 2575) will hear all claims concerning grievances relating to health services and outcomes and which are of national significance. There are currently over 218 claims seeking to participate in Wai 2575. Any Treaty of Waitangi claims relating to discrimination against Māori women in relation to health will be addressed as part of Wai 2575 or the Mana Wāhine Kaupapa Inquiry (Wai 2700). The Mana Wāhine inquiry is being led, on behalf of the Crown, by the Ministry for Women.

Ministry of Justice

Ministry of Health

(a) Adopt a comprehensive and cross-party strategy on combatting gender based violence against women in accordance with general recommendation No. 35 (2017) on gender-based violence against women, updating general recommendation No. 19 and ensure its consistent implementation, including by strictly applying the Family and Whānau Violence Legislation Bill and by, inter alia, including measures that specifically protect women with disabilities that are confronting abusive care-givers.

Ministry of Justice:

On 28 September 2018, the Government announced the formation of a Joint Venture of chief executives of 10 Government agencies as the central agent to deliver an integrated, whole-of-government approach to family violence and sexual violence. The Government also established an Interim Te Rōpū (the Māori partnership group) to assist the Crown, Ministers and the Joint Venture of chief executives.

The Joint Venture work programme aims to build a joined-up and effective family violence and sexual violence system to prevent violence from occurring, intervene earlier and more effectively to reduce the harm it causes, and break the cycle of re-victimisation and re-offending.

A core function of the Joint Venture is to set a clear direction for the Government’s commitment to eliminate family violence and sexual violence by developing a collective national strategy, designed in partnership with the sector, Māori, and the wider public. The Government has committed to develop a National Strategy and Action Plan to galvanise our collective efforts to eliminate family violence and sexual violence, working in partnership with Māori.  This will guide priorities for government agencies and can guide practical decisions at the front-line in communities. This strategy was a Budget 2019 initiative and is a priority action area within the Government’s Child and Youth Wellbeing Strategy.

Police:

Police, on behalf of the Family Violence and Sexual Violence Joint Venture, hosts 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. 

Corrections:

Probation Officers and Case Managers are provided with family violence training.  Ara Poutama Aotearoa is also party to family harm interagency groups, working alongside local agencies to coordinate interagency responses to family harm.

Ara Poutama Aotearoa has contracts for non-violence programmes for both men and women on community-based sentences and orders.  Ara Poutama Aotearoa and the Ministry of Justice recently worked together to align their contracts for non-violence programmes for perpetrators of family violence.  

Ara Poutama Aotearoa also has adult and child sex offender special treatment programmes for males in prison as well as contracted child sex offender treatment for people assessed as medium to low risk in the community.

Ara Poutama Aotearoa also provides programmes for men in prison which address family harm, including Special Treatment Units for men in prison with a history of violent offending, who have a high risk of reoffending.  

Ara Poutama Aotearoa plans to deliver a Healthy Relationships course to women in our care. Although not specifically focused on family violence, the course aims to develop and strengthen relationship skills women have to assist in making informed relationship choices.

A planned initiative of Hōkai Rangi is to develop a gang engagement framework, with reducing family harm the primary focus.

Ministry of Justice

Corrections, Ministry of Social Development, New Zealand Police

(b) Conduct public awareness-raising programmes in collaboration with teachers and the media, including social media, to promote understanding of the criminal nature of gender-based violence against women and encourage victims and witnesses to report violence.

Ministry of Justice:

Sexual violence prevention initiatives have been developed or expanded, including:

• Workforce development – development of mainstream principles of practice and workforce capability. These will be the first ever standards that focus on the primary prevention of sexual violence.
• The review and development of appropriate policies and training of residential assistants, student and staff leaders towards a comprehensive approach to sexual violence prevention on tertiary campuses.
• Development of a web based resource to assist with planning and evaluation of programmes.
• Personal safety programmes for pre-school age children.
• Extended delivery of healthy relationships education for secondary school students (years 9-13), Kura Kaupapa (Maori schools) and alternative education settings.   In Budget 2019, the Government increased its investment in three innovative MSD initiatives that are working to prevent family violence by changing the attitudes, beliefs, norms and behaviours that sustain violence, and by supporting community-led responses.

These initiatives are:

• E Tū Whānau – a kaupapa Māori initiative to positively change behaviour, attitudes and norms as a means to improve wellbeing and reduce family violence. E Tū Whānau also works with refugee and migrant communities as they value the strength-based approach and the focus on increasing wellbeing.
• Pasefika Proud – a social change initiative grounded in Pacific values, that works with the eight key Pacific nationalities in New Zealand in order to prevent family violence.
• The Campaign for Action on Family Violence – which includes the current It’s not OK campaign, refocused on supporting positive behaviour change for men using violence, and a new campaign focused on safe relationships for young people.

MSD’s approach is evidence informed, culturally responsive and relevant to the New Zealand context. The strength of each initiative is that they invite communities to take ownership and create solutions that work for them.

Education:

Addressing domestic violence requires working in new and different ways across government, with all communities. Through the new Wellbeing Budget process, 10 government agencies have taken shared responsibility for this issue through a joint venture, and developed a single, whole-of-government package of initiatives to address New Zealand's long-term record on family and sexual violence.

The Ministry of Social Development leads public awareness campaigns (for example; It's Not Okay, E Tu Whānau) so they should be identified as a responsible agency.

Addressing family and sexual violence and better supporting survivors is a major feature of the Wellbeing Budget, with the Government delivering the largest ever investment in family and sexual violence and support services.

The Budget package delivers more support services to more New Zealanders, major campaigns aimed at stopping violence occurring and major changes to court processes to reduce the trauma victims experience through a $320 million package.

The family and sexual violence package, which sits across eight portfolios, includes funding and support for:

One million New Zealanders covered by Integrated Safety Response sites (Christchurch and Waikato), and 350,000 by the Whāngaia Ngā Pā Harakeke and Whiria Te Muka sites (in Gisborne, Counties Manukau and Kaitaia).

24/7 sexual violence crisis support services for up to 2,800 children and young people every year, and an additional 7,700 adult victims and survivors from 2020/21.

Funding for major advertising campaigns and intervention programmes to reduce violence occurring.

Using video victim statements to reduce trauma for up to 30,000 victims of family violence every year, and reduce time spent in court.

Enabling victims of sexual violence to give evidence in court in alternative ways in order to reduce the risk of experiencing further trauma, and providing specialist training for lawyers in sexual violence cases.

Specialist training for lawyers in sexual violence cases.

Improving the wellbeing of male victims and survivors of sexual violence through peer support services – up to 1,760 from 2020/21 onwards.

Dedicated funding for a kaupapa Māori response to sexual violence.

Training for health practitioners in District Health Boards.

Police:

Police’s healthy relationships initiative for senior secondary students, Loves-Me-Not (LMN), is a whole-school approach to promoting healthy relationships and preventing unhealthy behaviour in relationships.  It includes a one-day workshop delivered by a three-person team (teachers, police officer, NGO representative) in which year 12 and/or 13 students discuss healthy and abusive behaviour in relationships.

LMN is not gender-based but a session on statistics within the workshop outlines the preponderant impact of unhealthy relationships on women. 

In 2018, LMN was implemented in more schools (126) and more classes (565) which continued the steady upwards trend of previous years. The past year’s LMN evaluation revealed the highest-ever percentage of positive process results and the lowest-ever percentage of neutral or negative results.

Police is not conducting any public awareness-raising programmes in relation to gender-based violence against women. However, Police is active on social media around milestone events such as White Ribbon day and major family violence forums. 

Ministry of Education, Ministry of Justice

New Zealand Police

(c) Strengthen capacity-building and awareness-raising campaigns as well as training for judges, law enforcement officials and welfare personnel on all forms of gender-based violence and abuse and the specific protection needs of migrant women, with a view to ensuring that victims are under no circumstances forced or put under pressure to accept mediation and alternative dispute resolution methods in lieu of criminal proceedings against perpetrators

Police:

The Detective Qualifying course has a three hour session on demystifying Islam. This builds an awareness regarding gender-based violence and issues for migrant women. This is followed by scenario-based exercises incorporating these issues and consolidating the learning. Detective Development Programme E-Modules has a component on people trafficking, an associated issue. In 2020 a review of the Detective Development Programme E-Modules will be conducted. Relevant legislation will be included in this review. This creates an opportunity to further develop this topic.

Alternative dispute resolution methods are a key component of Police’s strategy to reduce reoffending by providing a more humane and effective approach than prosecution in court. While they are not available for family harm-related offending, they are offered in cases of common assault, which may be against a woman.

Victim’s opinions are sought before a decision is made to refer to any alternative dispute resolution method. They must give informed consent to be offered the opportunity to take part, and can refuse to take part. As the alternative resolution can go ahead without the victim, there is no pressure to participate.

Ministry of Justice:

New Zealand Police identified that family violence accounts for 40% of front-line staff time and have developed a new approach to improve their response to harm within the family including increasing staff training, new mobile technology for investigating family harm and new codes of practice for front-line responses.  

The Ministry of Justice is implementing a workplace Wellbeing Family Violence Policy, which includes training for all staff about the signs of family violence and the pathways to help

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. The Institute of Judicial Studies’ 2020 prospectus includes education programmes on how to navigate increasing diversity in the courtroom, how to address communication vulnerability in the trial setting, and family violence risk factors and dynamics.The Ministry of Justice has implemented a workplace Wellbeing Family Violence Policy, which includes training for managers, and information for all staff about the signs of family violence and the pathways to help. Over 2019 and 2020 all frontline Ministry of Justice staff (more than 2000 staff) are participating in training about how to respond safely and appropriately to victims of family violence and sexual violence.

Ministry of Justice

Department of Internal Affairs (Office of Ethnic Communities), Ministry of Social Development, New Zealand Police

(d) Allocate resources aimed at developing a comprehensive prevention strategy for gender-based violence against women.

Police family harm policy informs the prevention first strategy to reduce gender-based violence against women. The Family Harm Policy and Procedure, Family Harm Quality Assurance Framework, Protection and Property Order, Police Safety Orders, Information Sharing, Victim Relocations, Forced and Under Age Marriage chapters of the Police Instructions were all updated in May 2018 after 5F – Safer Whānau – Police Practice was rolled out. This policy was further updated in July 2019 as a result of the Family Violence Act 2018 which introduced three new offences of strangulation, assaults person in a family relationship and coercion to marriage / civil union.

Ministry of Justice:

The Government has established a Joint Venture to lead a whole-of-government response to family violence and sexual violence. This creates a single point of accountability and leadership for these shared outcomes.  The Chief Executives of ten government agencies (Oranga Tamariki, Ministry of Health, Te Puni Kōkiri, Ministry of Social Development, Ministry of Education, Ministry of Justice, the Department of Prime Minister and Cabinet, Police, ACC and the Department of Corrections) are the governing body of the Joint Venture of the Social Wellbeing Board, and the Joint Venture is supported by a business unit hosted by the Ministry of Justice.

Budget 2019 provided $320.9m over four years for 20 FVSV initiatives across nine Votes ($311.4 million operating and $9.5 million capital). This funding has been used to deliver initiatives in five broad areas:

Increasing Investment in Prevention ($47.8 million over 4 years)

Increasing funding for current national and community-led approaches, extending coverage to new communities (including rainbow, disability, elderly and new migrant), and focusing on action in the early years for children.  Increased funding has been provided to three innovative MSD initiatives (E Tū Whānau, Pasifika Proud and It’s not OK) that are working to prevent family violence by changing the attitudes, beliefs, norms and behaviours that sustain violence, and by supporting community-led responses.

Safe, Consistent and Effective Responses to Family Violence in every Community ($79.8 million over 4 years plus $4.5 million capital)

Learning from existing community-based pilots (Integrated Safety Response, Whāngaia Ngā Pā Harakeke and Family Violence Interagency Response System), strengthening family violence responses in every community, and developing proposals for genuinely integrated responses in every community, and improving screening for family violence in the health sector.  As part of this, the Integrated Safety Response sites in Christchurch and Waikato have been funded for the next two years.

Growing Essential Specialist Sexual Violence Services ($131.1 million over 4 years)

Increasing funding rates and increasing volumes funded for essential specialist sexual violence services (including crisis support services, services for male survivors, and services for non-mandated adults displaying harmful sexual behaviour) and also expanding the coverage of services – including services designed specifically for children and youth, investing to grow specialist sexual violence services in Kaupapa Māori providers, and providing specialist psycho-social support for victims of sexual violence through the court system.

Improving the Justice Response to Sexual Violence Victims ($32.8 million over 4 years plus $5.0 million capital)

Through a package of legislative reforms (a Sexual Violence Legislation Bill was introduced in November 2019), responding to recommendations from the Law Commission’s 2015 report on the justice response to victims of sexual violence.

Supporting the leadership, governance and accountability of the Joint Venture ($20.0 million over 4 years)

Co-ordinating action to eliminate family violence and sexual violence across government, with communities, and in partnership with Māori – through the Joint Venture and a dedicated business unit. Developing a National Strategy and Action Plan to galvanise collective efforts to eliminate family violence and sexual violence.

The Police family harm strategy includes consideration of violence against wāhine Māori.

Ministry of Justice

New Zealand Police

(e) Adopt criteria and guidelines for the provision of victim-oriented and culturally appropriate legal, psychosocial and economic assistance, that recognizes the special needs of Māori and ethnic minority women and girls, while ensuring that cultural sensitivity does not disregard the State party's obligations under the Convention.

There are no overall criteria or guidelines, however there are some initiatives to provide culturally appropriate services. In Budget 2019, the Government increased its investment in three innovative MSD initiatives that are working to prevent family violence by changing the attitudes, beliefs, norms and behaviours that sustain violence, and by supporting community-led responses.

These initiatives are:

• E Tū Whānau – a kaupapa Māori initiative to positively change behaviour, attitudes and norms as a means to improve wellbeing and reduce family violence. E Tū Whānau also works with refugee and migrant communities as they value the strength-based approach and the focus on increasing wellbeing.
• Pasefika Proud – a social change initiative grounded in Pacific values, that works with the eight key Pacific nationalities in New Zealand in order to prevent family violence.
• The Campaign for Action on Family Violence – which includes the current It’s not OK campaign, refocused on supporting positive behaviour change for men using violence, and a new campaign focused on safe relationships for young people.

Ministry of Justice

New Zealand Police

(f) Collect and report to the Committee disaggregated data on the number of cases of violence against women that have been investigated and that have led to prosecutions, including information on the sanctions imposed on perpetrators; Women victims of violence who have been provided with legal assistance and relevant support services; Women victims of violence who have been compensated.

Police:

On 30 November 2016, NZ Police launched policedata.nz to provide easy access to Police crime data through a number of interactive reports that can be accessed from this page. Data are updated in these reports on the last working day of every month. The data Police collects can be disaggregated by offence type, sex, relationship of offender to victim and ethnicity. The reports include the number of proceedings against offenders during a relevant period and provide an overview of trends in proceedings against offenders.

Ministry of Justice:

The New Zealand Crime and Victims Survey 2018 provides the most comprehensive family and sexual violence prevalence data that New Zealand has seen. Results were released in 2019, and additional family violence modules are planned.

The ISR (Integrated Service Response) model was evaluated in 2019, and will support further development of family violence responses. This will add to the body of evidence around effective immediate safety responses to family violence. The Ministry of Justice funds the New Zealand Family Violence Clearinghouse to provide a central repository of data and information on family violence in New Zealand.

The Family Violence Act also introduced measures to improve information on family violence. The Act introduced a flag for family violence offences which follows a case through the Court process and appears on offenders’ criminal records. This provides reliable information on the number and type of family violence offences being committed.

The ability to disaggregate data by ethnicity and sex allows information and specific data trends relating to wāhine Māori to be monitored.  

This information is available here.

Ministry of Justice, New Zealand Police

(g) Adopt criteria and guidelines for the provision of victim-oriented and culturally appropriate legal, psychosocial and economic assistance, that recognizes the special needs of Māori and ethnic minority women and girls, while ensuring that cultural sensitivity does not disregard the State party's obligations under the Convention

Budget 2019 made a commitment to (and significant investment towards) ensuring safe, consistent and effective responses to family violence in every community.  This will extend and learn from existing community-based pilots and approaches: Integrated Safety Response, Whāngaia Ngā Pā Harakeke and FVIARS.  It will enhance regional capability across the country to respond to family violence and begin the consistent implementation of a national response by: supporting more integrated family violence crisis responses, providing practice leaders to build practice standards and support professional development and training; and ensuring specialist frontline service providers participate fully in risk assessment and triage processes. These initiatives will support and inform the development of proposals for genuinely integrated responses for family violence in every community.

Ministry of Justice, Ministry of Social Development

(h) Ensure effective coordination and collaboration among the entities responsible for combating gender-based violence.

Ministry of Justice:

In 2016, a 12-month pilot of a new Integrated Safety Response (ISR) model was launched in two locations (Waikato and Christchurch). In Budget 2019, both sites received funding for a further two years.  ISR deals with approximately 10,000 families per year in a model that includes:

• whānau centric practice
• cross-sector and community collaboration
• funded specialist services for victims and perpetrators
• information sharing seven days a week facilitated by a dedicated team
• electronic case management, and
• an intensive case management approach to collectively work with high risk families and high risk prison releases.

ISR has been evaluated twice. The October 2017 evaluation found that:

• 72% of completed and closed family plan outcomes were rated as positive or neutral
• 83% of participants had received one or more support service(s)
• many victims noted improvements in their overall well-being, and (where applicable) their children’s
• 61% had no repeat call for Police service in the four months following ISR, and
• all victims interviewed reported feeling safer than they had prior to being dealt with by ISR.

Key findings from the 2019 evaluation include:

• 90% of survey participants indicated that the ISR was ‘effective’ or ‘very effective’
• 73% of victim participants had received one or more support service(s)
• significant reductions in self-reported exposure to all forms of family violence post ISR, and
• Māori impacted by violence had an 18% reduction in family violence offence related re-victimisation compared to matched controls from non-ISR sites.

Police:

Police, on behalf of the Family Violence and Sexual Violence Joint Venture, host the Integrated Safety Response (ISR) initiatives in Canterbury and Waikato. 

ISR sites include multi-agency governance and management structures to provide support and strategic oversight. At the heart of the ISR response are daily triage meetings, personnel to identify risks and issues, problem-solving, planning a co-ordinated response, and reviewing case progress, together with the weekly Intensive Case Management of high-risk cases. Family Safety Plans are made with the families and whānau involvement. The majority (80%) of ISR funding is spent on specialist services. ISR is a cross agency approach to crisis response to family harm episodes. 

Whāngaia Ngā Pā Harakeke (WNPH) is a Police initiated operational model. It is based on a national principles framework that focuses on reducing family harm and reducing the impact of family harm on those families/whānau who are enduring, or at risk. WNPH is a collaborative, system-wide approach where Police, iwi, other agencies and NGOs work together to assess risk and deploy resources to address harm.

Whāngaia Ngā Pā Harakeke involves iwi Māori in the response, with the aim that it is relevant to, and effective for wāhine Māori.

Ministry of Justice

Ministry of Social Development, New Zealand Police

(j) Ensure that the Family and Whānau Violence Legislation Bill protects women with disabilities from care-giver violence.

The Family Violence Act 2018 applies to all forms of family violence and to all victims of family violence.  The Act has specific provisions relating to carer relationships, and clarifys that people in these situations have legal protections from family violence. ODI also provides secretariat support for accountability mechanisms under the New Zealand Disability Action Plan 2019-2023 (the Action Plan). The Action Plan includes work programmes from agencies across the public sector, including Ministry of Health work programmes. The work that ODI coordinates and leads is aimed at improving the lives of disabled people in New Zealand, including wāhine Maori.

In relation to Line 33 Article 16: Gender Based Violence Against Women 26J, the ODI is represented on the Sexual Violence National Sector Support Government Working Group, which is part of the Family Violence and Sexual Violence Joint Venture, which is led by the Ministry of Justice.

As part of this work, the ODI has advocated for collecting better data to understand how many disabled people are accessing sexual violence services and the impact of these services. The ODI has also advocated for a twin track approach to the delivery of sexual violence services, focused on ensuring mainstream services and supports are inclusive of and accessible to disabled people, and that specialised services and supports are provided to disabled people, based on a level of need not met by the mainstream.

Ministry of Justice, Office for Disability Issues

(a) Establish a Royal Commission of Inquiry with independent mandate to engage in wide-ranging evaluation of the drawbacks and obstruction of justice and safety for women inherent in the Family Court system, and to recommend necessary legislative and structural changes necessary for making the Family Court safe and just for women and children, particularly in situations of domestic violence.

No plans to establish a Royal Commission of Inquiry. However, a panel was established to consider what can be done to review the way the family justice system operates, and specifically how the changes made in 2014 have affected families progressing through the Family Court.

The Panel released their report in June this year. It recommended a raft of changes to strengthen and connect family justice services so children, parents and their whānau are treated with dignity and respect and supported to make the best decisions for them. www.justice.govt.nz/justice-sector-policy/key-initiatives/family-court-r....

The Panel's recommendations are being considered.

Ministry of Justice

(b) Take all necessary measures, including through legislation and policy guidelines, in line with general recommendation No. 35 (2017) on gender-based violence against women, updating general recommendation No. 19, to reinstate the Bristol Clause and to ensure that women victims of domestic violence are not forced to participate in out-of-court solutions such as mandated mediation.

A panel was established to consider what can be done to review the way the family justice system operates, and specifically how the changes made in 2014 have affected families progressing through the Family Court.

The Panel released their report in June this year. It recommended a raft of changes to strengthen and connect family justice services so children, parents and their whānau are treated with dignity and respect and supported to make the best decisions for them. www.justice.govt.nz/justice-sector-policy/key-initiatives/family-court-r....

The Panel's recommendations are being considered.

Ministry of Justice

(c) Take all necessary measures, including through legislation and policy guidelines, to ensure that domestic violence, whether directed at the child or at the mother, is properly considered in child custody disputes, particularly when shared physical custody is being contemplated, and investigate the outcomes for shared physical custody on children's development and welfare.

In deciding what is in the best interests of the child in a care of children proceeding (including on-going placement), a Judge must consider the principles of section 5 of Care of Children Act. Section 5(a) of the Act states that “a child’s safety must be protected and, in particular, a child must be protected from all forms of violence, (as defined in sections 9(2), 10 and 11 of the Family Violence Act 2018) from all persons, including members of the child’s family, family group, whānau, hapū, and iwi”.  The Family Violence Act ensures that judges are informed of family violence offences to make better-informed decisions.

Under the Oranga Tamariki Act 1989, the well-being and best interests of the child or young person is the first and paramount consideration (s4A(1). The Act has a list of circumstances that may constitute or establish the likelihood of serious harm and this is considered by the courts when determining whether a child or young person is in need of care or protection(s14, s14AA). The list includes circumstances where the child or young person has been exposed to family violence within the meaning of s9 of the Family Violence Act 2018.

Ministry of Justice

(d) Review the reliance on the Parental Alienation theory, with a view to limit its usage in child custody disputes.

A panel was established to consider what can be done to review the way the family justice system operates, and specifically how the changes made in 2014 have affected families progressing through the Family Court.

The Panel released their report in June this year. It recommended a raft of changes to strengthen and connect family justice services so children, parents and their whānau are treated with dignity and respect and supported to make the best decisions for them. www.justice.govt.nz/justice-sector-policy/key-initiatives/family-court-r....

The Panel's recommendations are being considered.

It is recognised that children can be influenced by parents during parental separation or divorce. However, the existence of parental alienation as a formal syndrome or diagnosable condition is a contested concept. Under the Oranga Tamariki Act 1989, if serious emotional harm was caused to a child by a parent, this could be grounds that meet the threshold for care and protection concerns requiring Oranga Tamariki intervention.

Ministry of Justice

(e) Expedite the adoption of the The Marriage (Court Consent to Marriage of Minors) Amendment Bill, 2017, so as to completely preclude the parental consent as a sufficient requirement to allow marriage below the age of 18, and to allow only court approval under exceptional circumstances for marriages between 16 and 18 years

The Marriage (Court Consent to Relationships) Legislation Act came into force in August 2018.  The Act requires 16 and 17 year olds who wish to get married, or enter a civil union or de facto relationship to obtain a Family Court Judge’s consent.

Ministry of Justice