The only way domestic violence / intimate partner terrorism will be solved in NZ-Aotearoa is by the legislature and
policymakers listening to, and acting upon what victims tell them. Currently government appear to have a targeted
campaign to shut down victims’ voices. Government’s actions and inactions are directly leading to NZ’s worst-in-the-OECD
domestic violence. This government has been a disaster for violence against women. So have previous governments.
The narrative seems to be that all women need to do is reach out for help and they will be safe. Nothing could be
further from the truth. When women do reach out for help they are subjected to a range of state-inflicted trauma
including being under court orders to hand over their children to the abuser, police breaking into their home and taking
their children by force, being charged with criminal offences, under threat from the Ministry of Children of having
their children removed to name but a few.
When women reach out for help, the only chance of safety is when the police bring criminal charges against the
perpetrator. Charges are only laid for 12% of reported DV and according to recent reporting by Newshub some regions are
as low as 8%. Even when police lay charges the chances of a judge handing down a sentence that provides any protection
for the child and adult victims is negligible. If there is any protection it is short-lived. If women have child/ren
with the abuser, it is virtually guaranteed that the family court will order the woman and children to live where the
abuser says they can live. Victims are then subjected to the perpetrator’s daily battering. The few women that are not
subject to such court orders, at best live in hiding, waiting for the day that the abuser hunts them down and kills
them. What the public might not be aware of is that it is very difficult to keep your location hidden in NZ, and victims
are left with curtailing their engagement with the world at large to do what they can to stay hidden. No-one will help
these women. Let us be very clear, there is nothing in the state’s response to DV (including state-funded NGOs) that
enables victim safety.
On the occasions that victim does manage to reach relative safety, the outcome is that the victimisation is transferred
to the next victim. The perpetrator does not stop abusing –just changes victim. There is nothing in place to protect
future victims.
Practice in the domestic violence sector, both government and government funded agencies, is often unsafe and many
working in the sector carry a range of myths and prejudices. Views like blaming domestic violence on alcohol, drugs,
poverty or stress are unhelpful and indicate unsafe practice. Suggesting couples counselling to DV victims is acutely
unsafe practice. There is no domestic violence qualification in NZ and no-one working in the sector is required to have
DV specific qualifications; they are not accredited or monitored in relation to DV practice in any way. These
unqualified and unmonitored state-paid personnel include the judiciary, lawyers, politicians, policymakers, government
advisors, Ministry of Children workers, social workers, government-funded-NGO workers, counsellors, Department of
Corrections, psychologists, supervised contact centres, those who work with perpetrators etc.
In 2018 the United Nations directed the NZ Government to “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.”
Within hours this government rejected the UN. Instead, undertaking a flawed and biased review into the family court 2014
reforms. 2 out of 3 panel members were lawyers who earn their living from having a vested interest in maintaining the
status quo. 1 of those lawyers was appointed to the bench (with a Family Court warrant) during her tenure as an
“independent” panel member. This review further perpetrated the false equivalency between abusers and victims; merely
holding us out to be 2 imperfect sides of the same coin – with abusers’ perspective being equally as valid as victims.
Being that abusers are always in a position of power, the court and this review’s approach endorses the power of the
abuser. The review certainly did not address the harmful culture in the family court which ignores, minimises and
reframes domestic violence and orders child and adult victims into very dangerous, demeaning and distressing living
situations. This review has further entrenched the family court’s “…. root causes of the systemic lack of trust and insensitivity to women victims of domestic violence”.
Government claim they “consult” with victims, but their consultation is cursory at best, cherry-picking victims they
think they can manipulate. When victims tell government something they don’t want to hear – government simply
misrepresents what the victims told them and uses victims’ words to harm other victims. Any consultation with victims is
subservient to and minor compared to consultation with those who work in the sector, and those who hold all the power.
Government has no policy about consulting with victims and it is undertaken in an unsafe manner, with no mechanism in
place for victims to challenge what government publish as the victims’ voice.
We repeat, until government engage with victims at large and prioritise victims’ voices NZ will continue to top the world in domestic violence. Until NZ has a response system that is accountable in the first instance to victims, we will continue to top the world in domestic violence.
Until then, the NZ government are culpable for every single person harmed in this country by domestic violence
especially the growing list of women who have been murdered in a gender-based violence attack.
Domestic Violence Survivors Coalition
We are a coalition of domestic violence survivors who have been, along with our children, victims of state-inflicted
trauma because we reached out for help.
CEDAW 2018 Concluding Observations can be found at https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CEDAW%2fC%2fNZL%2fCO%2f8=en