Child abuse in New Zealand

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According to UNICEF, New Zealand has one of the worst rates of child abuse in the developed world. The level of abuse is the fifth-highest in the OECD, with an average of one child being killed every five weeks and 150,000 cases reported every year by Oranga Tamariki, the national children's protection agency. [1] [2] [3] Child abuse in New Zealand is defined under section 2 of the Oranga Tamariki Act 1989 as the harming of a child by physically, emotionally or sexually ill treating them through abuse or neglect. [4] Prevention of such abuse in New Zealand is seen as a high priority by the New Zealand government as well as relevant non governmental organisations due to the prevalence of child abuse cases occurring in New Zealand, particularly when compared with other developed countries. This response is consistent with New Zealand's obligations under the United Nations Convention on the Rights of the Child at article 34 – 35 which deals specifically with Child Abuse. This convention places obligations on New Zealand as a state to protect the rights of the child and was ratified by New Zealand in 1993.

Contents

Statistics

In 2007 the rate of deaths of children and young persons under the age of 19 in New Zealand caused by accidents, murder, suicide or violence were extremely high compared with other OECD countries, with New Zealand having the highest rate of such deaths along with the United States. [5] The reports by the Child Poverty Action Group of New Zealand confirms this need to be aware of the increasing statistic of child abuse findings. A trend can be noticed of increasing concern for child abuse, as in the 2013 financial year compared with 2012 there was an increase in child abuse reports as well as substantive findings. [6] The report also details the types of abuse suffered and where this abuse is most prevalent, stating that sexual abuse as a form of child abuse within New Zealand made up the smallest percentage of abused children, and defined the main form of abuse as emotional abuse, [7] : 8  also that across the many site offices where child abuse was recorded, Papakura, a suburb of Auckland, had the highest rate of child abuse cases, with Wellington having the fewest reported cases. [7] : 10 

Contributing factors

There has been extensive research undertaken in New Zealand regarding the reasons behind child abuse and understanding the factors behind it is crucial to addressing this problem. In the study by the Ministry of Development in December 2010 the study commented that the main causes of child abuse within New Zealand were due to substance abuse, as well as poor parenting practices through generations. [8] Drug and alcohol abuse put a child in an environment in which the significance of child abuse is greatly increased compared with households that substance abuse is not a part of the environment. However, there is also a suggestion that child neglect in the form of abuse is the result of poverty and family stresses. But it is not just that issue of poverty that causes the child abuse but the effect of the poverty on the parents mental well being leading to multiple stresses which researchers have identified as being predictive of child abuse. [7] : 14 

Recent cases

Kahui twins

This case is still unsolved with Chris Kahui (the father of the twins) found not guilty for the murders of Christopher and Cru Kahui. Both twins died on 18 June 2006 from blunt force trauma causing brain injury. It was suggested that this injury was caused by either direct blows to the head or being thrown against a firm surface or severe shaking. The death of the Kahui twins stunned the New Zealand community and was one of the contributing factors towards the New Zealand response campaign 'Never Shake A Baby'. [9]

Nia Glassie

In 2007 Nia Glassie died at the age of three, due to severe brain damage. Wiremu Curtis (her mother's partner) and his brother Michael Curtis were charged with her murder, Lisa Kuka (her mother) was charged with failing to provide the necessities of life and failing to protect a child from violence. The court report stated that Nia had been subjected to violence for up to two months preceding while in the care of Wiremu Curtis. This abuse was said to be part of Nia's day-to-day life and included two major incidents where Nia was hung from a clothesline which was spun until she fell and putting her in a clothes dryer and turning this on. On 20 July 2007 Nia received kicks to her head which ultimately resulted in her death. She was eventually taken to hospital two days later after residing in a partial coma for this period where she died 13 days later. [10] The trauma inflicted upon Nia was widely publicized within the New Zealand community and her story became the 'poster story' to encourage New Zealanders to report child abuse happening in their community.

Tahani Mahomed

Tahani Mahomed died 1 January 2008 after being admitted to hospital 28 December 2007 due to failure to feed. Upon admission to the hospital her condition was upgraded to critical due to head injuries consistent with being hit with great force. Mr Mahomed was charged on one count of murder of Tahani two counts of injuring with intent to cause grievous bodily harm and failing to provide the necessities of life and Ms Mahomed with failure to provide necessities of life. It was found during admission that Tahani as well as suffering from recent head trauma was also recovering from a previous broken leg and head injury that were in the process of healing. [11]

Duwayne Pailegutu

Duwayne died on 2 July 2008, following 75 external injuries from assault by his stepfather Mr Joachim that left him paralyzed on one side and difficulty breathing. Mr Joachim was sentenced to 18 years non parole for his death. Duwayne's injuries were the result of a Mr Joachim's assault on 24 June 2008 and his subsequent neglect to seek treatment for the boy after the attack. [12]

New Zealand response

Response to the Committee on the Rights of the Child 2010

New Zealand's obligations to human rights is widely known however the committee on the rights of the child in its last evaluation was concerned with New Zealand's response to child abuse in part 1 (3) of their report in 2010. They requested information on prevention measures, actions and policies taken by New Zealand as well as services and programs to help those who had suffered from abuse. [13] The New Zealand response was detailed in their report back to the committee at Part 1 section 15 and included the introduction of many campaigns and initiatives including the investment of $333 million which would be invested in community based initiatives targeted at improving the outcome for families. [14]

Never Shake a Baby campaign 2009

Launched by Plunket (a non profit organisation working in the development of families) [15] and Barnados (providing child and family services within New Zealand) [16] it was set up as an education tool to help young parents know what the consequences of shaking a baby at the early stages of development were. It was introduced by Paula Bennett the Minister of Social Development and Employment at the time. The concern was that the statistics showed that every five days on average a child was hospitalized due to non accidental injuries. The campaign also involved a first-response community-based child abuse prevention trial that followed up on those families in which domestic violence had been reported. [17]

White paper Submission on Vulnerable Children

This was a government submission on their commitment to address the factors that place children at risk of abuse, the government response to protect children and how children who were at risk were identified and the response to them. The framework for this is found in the Children's Action Plan [18] where it was stated that it would evolve as the fundamental changes are achieved. The submission identifies that the family and caregivers are the most important player in the care and protection of vulnerable children. It implements new tools used to identify at risk children the development of the communication between government agencies to work together to improve this situation and new measures to manage adults with a high risk factor of abusing children. [19]

Section 59 of the Crimes Act 1961

The Crimes (Substituted Section 59) Amendment Act 2007 was an amendment to the Crimes Act 1961. The purpose as stated in the legislation under s59 (4) of the Crimes Act 1961 which states that the purpose of the act is to stop force in the form of violence used for correction or discipline of children. [20] The amendment was approached to better handle the child abuse situation within New Zealand as before the amendment this was used as a defence for the use of force to discipline children by parents. It concentrates on the use of force by parents for parental control. The amendment was colloquially referred to as an 'anti-smacking law' and was introduced as a private members bill by Green Party member Sue Bradford in 2005. It was endorsed by many organisations such as woman's refuge and Plunket however there was question as to what the law disallowed in the way of discipline with many questioning the right to a 'light smack' in the way of disciplining a child.

It's not okay campaign

The "it's not okay" campaign began with television advertisements in 2007 and 2008. Surveys were done to measure the effectiveness of this campaign and found that at least 95% of the people surveyed reported recalling something about the advert and over 68% stated that the ads helped them to understand the behaviors that were not tolerable. [21] This campaign has now continued advancing to the ‘its okay to ask for help’ campaign. This campaign has so far included TV advertisements, community led activities, a family violence information line a website with information, speakers who share their personal stories and a research and evaluation program.

Related Research Articles

Child, Youth and Family, was the government agency that had legal powers to intervene to protect and help children who are being abused or neglected or who have problem behaviour until it was replaced by a new Ministry for Vulnerable Children in April 2017. CYF worked with the Police and the Courts in dealing with young offenders under the youth justice system. It provided residential and care services for children in need of care and protection and for young offenders. CYF assessed people who wished to adopt children and it reported to the Family Court on adoption applications. CYF facilitated the exchange of identifying information for parties to past adoptions. The agency also funded community organisations working with children, young people and their families to support the community's role in protecting and helping children.

<span class="mw-page-title-main">Child abuse</span> Maltreatment or neglect of a child

Child abuse is physical, sexual, emotional and/or psychological maltreatment or neglect of a child, especially by a parent or a caregiver. Child abuse may include any act or failure to act by a parent or a caregiver that results in actual or potential wrongful harm to a child and can occur in a child's home, or in organizations, schools, or communities the child interacts with.

Child protection is the safeguarding of children from violence, exploitation, abuse, and neglect. It involves identifying signs of potential harm. This includes responding to allegations or suspicions of abuse, providing support and services to protect children, and holding those who have harmed them accountable.

The Child Abuse Prevention and Treatment Act of 1988 provides financial assistance for demonstration programs for the prevention, identification, and treatment of child abuse and neglect and to establish a National Center on Child Abuse and Neglect. Additionally, it identifies the federal role in supporting research, evaluation, technical assistance, and data collection activities; it established the Office on Child Abuse and Neglect in the United States Children's Bureau; and mandates the National Clearinghouse on Child Abuse and Neglect Information. It also sets forth a minimum definition of child abuse and neglect.

Child protective services (CPS) is the name of an agency responsible for providing child protection, which includes responding to reports of child abuse or neglect. Some countries and US states use other names, often attempting to reflect more family-centered practices, such as department of children and family services (DCFS). CPS is also sometimes known by the name of department of social services, though these terms more often have a broader meaning.

The Cris and Cru Kahui homicides refers to the murders of twin brothers Christopher Arepa and Cru Omeka Kahui, two New Zealand infants who died in Auckland's Starship Children's Hospital after being admitted with serious head injuries. Their family initially refused to cooperate with police in the homicide investigation into the children's murder. The father, then 21-year-old Chris Kahui, was charged with their murder. Kahui's defence was that the mother, Macsyna King, was responsible for the deaths. After a six-week trial, the jury took just one minute to acquit Kahui. In July 2012, a coroner's report was released, which concluded that the children's injuries occurred "whilst they were in the sole custody, care and control of their father".

<span class="mw-page-title-main">Ian Hassall</span> New Zealand paediatrician (1941–2021)

Sir Ian Bruce Hassall was a New Zealand paediatrician and children's advocate. He was New Zealand's first Commissioner for Children from 1989 to 1994. His career entailed working for children and their families as clinician, strategist, researcher and advocate. He was awarded the Aldo Farina Award by UNICEF in 2010 for his dedication to improving child welfare.

The Ministry of Social Development is the public service department of New Zealand charged with advising the New Zealand Government on social policy, and providing social services. MSD is the largest public service department, employing public servants in over 200 locations around New Zealand. MSD delivers its programmes and services through a number of business groups and agencies.

<span class="mw-page-title-main">Crimes (Substituted Section 59) Amendment Act 2007</span> New Zealand law concerning corporal punishment

The Crimes Amendment Act 2007 is an amendment to New Zealand's Crimes Act 1961 which removed the legal defence of "reasonable force" for parents prosecuted for assault on their children.

<span class="mw-page-title-main">Oranga Tamariki Act 1989</span> Act of Parliament in New Zealand

The Oranga Tamariki Act 1989 or Children's and Young People's Well-being Act 1989 is an Act of the New Zealand Parliament that was passed in 1989. The Act's main purpose is to "promote the well-being of children, young persons, and their families and family groups." In June 2017, the New Zealand Parliament passed amendment legislation renaming the bill the Oranga Tamariki Act 1989.

Nia Marie Glassie was a three-year-old girl who was violently abused and eventually killed by her mother's boyfriend and his brother in Rotorua, New Zealand. Her death in 2007 sparked a high-profile criminal investigation and subsequent murder trial, and caused major outrage throughout the country.

<span class="mw-page-title-main">2009 New Zealand child discipline referendum</span>

The 2009 New Zealand Referendum on Child Discipline was held from 31 July to 21 August, and was a citizens-initiated referendum on parental corporal punishment. It asked:

Should a smack as part of good parental correction be a criminal offence in New Zealand?

<span class="mw-page-title-main">Corporal punishment in the home</span> Form of punishment used by parents to inflict physical pain or discomfort

Physical or corporal punishment by a parent or other legal guardian is any act causing deliberate physical pain or discomfort to a minor child in response to some undesired behavior. It typically takes the form of spanking or slapping the child with an open hand or striking with an implement such as a belt, slipper, cane, hairbrush, paddle, whip, or hanger. On a looser definition, it can also include shaking, pinching, forced ingestion of substances, or forcing children to stay in uncomfortable positions.

The Social Policy Research and Evaluation Unit, known as Superu and previously known as the Families Commission, was an autonomous New Zealand Crown entity which undertook social science research and advocated to government on behalf of families. It commenced operating on 1 July 2004 and was disestablished on 30 June 2018.

The Universal Periodic Review (UPR) is a state monitoring mechanism of the United Nations Human Rights Council (HRC). It was established by General Assembly resolution 60/251 in 2006 to periodically review the protection and promotion of human rights in each of the 193 United Nations (UN) Member States. New Zealand has been reviewed twice via the UPR in 2009 and 2014.

New Zealand suffers from one of the highest rates of child poverty in the Western world. According to Statistics New Zealand, by the end of June 2022, 12% of all children were directly affected by poverty. Historically, child poverty has had, and continues to have a disproportionately high effect on in Māori and Pasifika households, with 14.5% of Māori children and 19.5% of Pacific children living in poverty. These two ethnic groups continue to experience lingering effects of forced land alienation and immigration discrimination.

In New Zealand, female genital mutilation (FGM) was made illegal in 1996 through an amendment to the Crimes Act 1961 when s204A was added. FGM is an issue in New Zealand because of the number of migrants from countries where FGM is commonly practised settling in New Zealand. FGM is referred to as procedures that, for non-medical reasons, intend to cause harm to female genital organs. The procedures may have negative health impacts by causing problems such as urinating, infections, severe bleeding and complications during childbirth. Procedures are normally carried out on girls from infancy to 15 years old. FGM is predominantly practised in countries throughout the Middle East, Asia and in Africa.

Domestic violence in New Zealand, often called family violence or family harm is defined under New Zealand law as not only intimate partner violence but also violence against other family members, including children and extended family or whānau, as well as people living together in the same household, such as flatmates. It is estimated that one third of people in New Zealand have experienced intimate partner violence (IPV) within their lifetime, making New Zealand have the highest rate of domestic violence in 14 OECD countries. In 2020, New Zealand police responded to a domestic violence call every 4 minutes.

<span class="mw-page-title-main">Andrew Becroft</span> New Zealand judge

Andrew John Becroft is a New Zealand Jurist and Barrister. From 2016 until 2021 Becroft was Children's Commissioner. Prior to that, he practised community law, and was a District Court judge and principal judge of the Youth Court of New Zealand. Throughout his career Becroft has taken a specialist approach to dealing with youth and child offenders and been involved in many organisations and initiatives to support this. During his time as Children's Commissioner, Becroft developed strong public positions of monitoring and advocacy on a range of issues related to the safety of children.

<span class="mw-page-title-main">Independent Children's Monitor</span>

The Independent Children's Monitor is a departmental agency within New Zealand's Education Review Office. It was established by the New Zealand Government in 2019 to ensure organisations working with children, young people, and their families were complying with the National Care Standards. On 1 May 2023, its role was expanded to include oversight over the entire Oranga Tamariki system. As of 2023, Arran Jones was the Chief Executive of the Independent Children's Monitor while Nova Banaghan served as the Chief Monitor.

References

  1. ↑ "61 little names on NZ's roll of dishonour". NZ Herald. 28 June 2023. Retrieved 28 June 2023.
  2. ↑ "Safe Childhood". www.unicef.org.nz. Retrieved 28 June 2023.
  3. ↑ "NZ Child Abuse Statistics". www.childmatters.org.nz. Retrieved 28 June 2023.
  4. ↑ "Children, Young Persons, and Their Families Act 1989". New Zealand Legislature. Retrieved 8 March 2016.
  5. ↑ "Child poverty in perspective: an overview of child well being in rich countries" (PDF). UNICEF. p. Figure 2.3 PG 16. Retrieved 29 April 2014.
  6. ↑ "Key statistics and information for media". Child, Youth and Family. Ministry of Social Development. Archived from the original on 17 August 2014. Retrieved 24 April 2014.
  7. 1 2 3 Wynd, Donna (2013). "Child abuse: an analysis of Child Youth and Family data" (PDF). Retrieved 28 April 2014.
  8. ↑ Ministry of Social Development (December 2010). "Recognising and responding to child neglect in New Zealand" (PDF). p. 7. Retrieved 8 March 2016.
  9. ↑ "Kahui case: Trail of tragedy leads to one answer". New Zealand Herald. 25 July 2012.
  10. ↑ R v Curtis, para 11(2007).
  11. ↑ R v Mahomed, para 1(2008).
  12. ↑ R. v Johnny Pukerua Joachim(2008).
  13. ↑ "Committee on the Rights of the Child Recommendations".
  14. ↑ "Response to the List of Issues raised in connection with the consideration of the Third and Fourth periodic report of the New Zealand Government" (PDF). Paragraph 15. Archived from the original (PDF) on 6 May 2014. The Government has focused on addressing the needs of vulnerable and at-risk children (especially very young children) and their families by investing $333 million over the next four years in a combination of national and community-based initiatives.
  15. ↑ "Nau mai, haere mai. Welcome to Plunket".
  16. ↑ "Barnardos".
  17. ↑ Bennett, Paula (3 September 2009). "Kiwis asked to back new 'Never shake a baby' campaign" . Retrieved 24 April 2014.
  18. ↑ "Children's Action Plan" . Retrieved 8 March 2016.
  19. ↑ "The White Paper for Vulnerable Children Volume 2" (PDF). p. 2. Archived from the original (PDF) on 6 May 2014. Retrieved 24 April 2014.
  20. ↑ "Crimes Act 1961" . Retrieved 24 April 2014.
  21. ↑ Fleur Mclaren (March 2010). Campaign for Action on Family Violence: Reach and retention of the "It's not OK" television advertisements. Ministry of Social Development. ISBN   978-0-478-32388-7 . Retrieved 24 April 2014.
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