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New Zealand - Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography: Initial Report by the Government of New Zealand 2014 [2014] UNCRCSPR 4; CRC/C/OPSC/NZL/1 (1 February 2014)
Optional Protocol to the Convention on the Rights of the
Child
on the Sale of Children, Child Prostitution and Child
Pornography
INITIAL REPORT BY THE GOVERNMENT OF NEW ZEALAND
2014
CONTENTS
I. INTRODUCTION
- The
New Zealand Government is pleased to present to the Committee on the Rights of
the Child (the Committee) New Zealand’s initial
report under the Optional
Protocol to the Convention on the Rights of the Child on the Sale of Children,
Child Prostitution and Child
Pornography (the Optional Protocol), submitted
under article 12, paragraph 1 of the Optional Protocol. New Zealand signed the
Optional
Protocol on 7 September 2000, and ratified it on 20 September 2011. In
accordance with article 14, paragraph 2, the Optional Protocol
came into effect
in New Zealand on 20 October 2011.
- The
New Zealand Government remains strongly supportive of, and has a continuing
commitment to, the promotion and protection of the
rights enunciated by this
Optional Protocol. New Zealand’s efforts to implement the Optional
Protocol contribute further to
implementing the Convention on the Rights of the
Child (the Convention), in particular articles 1, 11, 21, 32, 34, 35 and
36.
Preparation and structure of the report
- This
report has been prepared in accordance with the Committee’s revised
guidelines regarding initial reports to be submitted
by States parties under
article 12, paragraph 1 of the Optional
Protocol.[1] This report should be
read in conjunction with New Zealand’s core document, and Combined Third
and Fourth Periodic Report submitted
in
2008.[2] As per article 12, paragraph
2, of the Optional Protocol, updated information will be included in New
Zealand’s Fifth Periodic
Report on the Convention, due in May 2015.
- This
report makes reference to New Zealand’s Combined Third and Fourth Periodic
Report (the Periodic Report) where required
information has already been
submitted to the Committee. In respect for the guidelines and page limitations,
this report does not
contain an exhaustive list of measures undertaken by the
New Zealand Government. The reporting period for this report is September
2011
to December 2013.
Consultation with civil society
- The
New Zealand Government sought the views of civil society in the drafting of this
report during a four week targeted consultation
period, received six
submissions, and took these views and suggestions into account as appropriate.
Government officials also met
with representatives of the Convention on the
Rights of the Child Monitoring Group to discuss the Group’s feedback on
the report,
and to address their specific questions. Following submission to the
Committee, the final report will be published on the Ministry
of Social
Development (MSD) website alongside existing Convention documents.
External territories
- New
Zealand supports Tokelau to ensure that the provisions and protections afforded
to children in Tokelau match those guaranteed
to New Zealand children under the
Convention. New Zealand is also preparing to begin consultations with the
Government of Tokelau
on extending the Convention and its Protocols to
Tokelau.
II. GENERAL MEASURES OF IMPLEMENTATION
Legal status of the Optional Protocol
- It
is New Zealand’s policy that a treaty is only ratified or acceded to once
any legislation required to implement it has been
passed by the New Zealand
Parliament. New Zealand enacted a number of important changes to legislation to
incorporate the provisions
of the Optional Protocol into domestic law prior to
ratification on 20 September 2011.
Films, Videos and Publications
Classification Act 1993
- In
2001, the New Zealand Government recognised that the definition of
“supply” in the Films, Videos and Publications Classification
Act
1993 was too narrow to fully comply with article 5, paragraph 3, of the Optional
Protocol to include all situations where objectionable
material is disseminated,
distributed, offered, or possessed. The Films, Videos and Publications
Classification Amendment Act 2005
broadened the coverage of the Films, Videos
and Publications Classification Act 1993 and ensures that these activities are
covered
by an extraditable offence for which the maximum penalty is imprisonment
for a term not exceeding 10 years.
The Prostitution Reform Act
2003
- Section
48(1)(a) of the Prostitution Reform Act 2003 repealed section 149A of the Crimes
Act 1961 and broadened the prohibition on
engaging children in prostitution. The
Prostitution Reform Act 2003 prohibits offering, obtaining, procuring or
providing a person
less than 18 years of age for prostitution, and complies with
article 3, paragraph 1, of the Optional Protocol. These offences have
extraterritorial effect by virtue of section 144A of the Crimes Act
1961.
Crimes Act 1961
- In
2005, section 98AA was inserted into the Crimes Act 1961 which created offences
prohibiting “dealing in children for the
purpose of sexual exploitation,
the removal of body parts, and engagement in forced labour”. These
offences are punishable
by a term of imprisonment not exceeding 14 years and
have extraterritorial application.
Adoption Act 1955
- The
Adoption Amendment Act 2011 inserted sections 27A to 27D into the Adoption Act
1955, creating the offence to improperly induce
consent for the adoption of a
child, punishable by imprisonment for a term not exceeding seven years. Section
27D extends extraterritorial
jurisdiction “in respect of offence under
section 27A as required by Optional Protocol”.
Role of statutory ombudsmen for children or similar
- The
Children’s Commissioner’s Act 2003 implicitly compels the
Children’s Commissioner to monitor the application
of the Convention and
its Protocols by the Government, and report on the Convention.
State strategy for the implementation of the Optional
Protocol
- MSD
is the lead government agency responsible for the implementation of the
Convention and its Protocols. The Social Sector Forum
Deputy Chief
Executives[3] co-ordinate work across
the social sector, including work relevant for children. In addition, MSD senior
officials meet with representatives
of the Convention on the Rights of the Child
Monitoring Group monthly.
- New
Zealand’s expenditure on children and young people is split between
numerous budgets. There is no means of determining funding
only allocated to
children and young people across government agencies.
The
Children’s Action Plan and Green and White Papers for Vulnerable
Children
- In
2011, the New Zealand Government released the Green Paper for Vulnerable
Children, a discussion document on ways to better protect the
country’s children from abuse and neglect. There were 9,985 submissions
to
the Green Paper, including over 2,000 from children. These submissions informed
the 2012 White Paper for Vulnerable Children, a strategic overview of
children’s interests in New Zealand, and the Children’s Action
Plan, a living document that informs New Zealanders about what action is
being taken to protect children and when each milestone will
be achieved.
- The
Children’s Action Plan establishes local Children’s Teams to bring
together professional people from the health, education
and social services
sector to develop a single response plan to help and support each vulnerable
child. The first demonstration sites
are in place in two North Island areas,
Rotorua and Whangarei, with eight more sites planned for 2014 and 2015. The
Children’s
Teams are currently being evaluated site by site, on an ongoing
basis. A New Zealand-wide evaluation is planned for
2017.
National Plan of Action against the Commercial Sexual
Exploitation of Children
- New
Zealand presented a National Plan of Action against the Commercial Sexual
Exploitation of Children (the Plan) at the Second World Congress against
Commercial Sexual Exploitation of Children in Japan in 2001, shortly after New
Zealand
signed the Optional Protocol. The document, titled Protecting Our
Innocence[4] identified thirteen
action points that New Zealand undertook to implement in addressing CSEC. No
individual agency was formally tasked
with reporting on how New Zealand was
progressing the Plan.
- In
2005, ECPAT Child ALERT[5]
collaborated with the Ministry of Justice to produce a stocktake reporting on
progress towards the action points in the Plan. Some
of the action points had
been completed by the time the stocktake was taken and others were identified as
ongoing. Steps taken prior
to ratification of the Optional Protocol have
progressed a number of points in the Plan, for example, the establishment in
2005 of
a new offence relating to the trafficking of people under
18.
Interagency Working Group on People Trafficking and Plan of
Action
- New
Zealand’s National Plan of Action to Prevent People Trafficking is
a proactive whole-of-government approach to people trafficking issues for New
Zealand, published in 2009. The Plan of Action does
not contain any
child-specific action points, however, child-specific protection policies are
provided for in Immigration New Zealand’s
Operational Manual, under the
Residence Category for victims of people trafficking.
- The
Interagency Working Group on People Trafficking monitors the Plan of Action. The
Working Group is chaired by the Ministry of Business,
Innovation and Employment
(MBIE) and includes the Department of the Prime Minister and Cabinet, the New
Zealand Customs Service,
the New Zealand Police, and the Ministries of Foreign
Affairs and Trade, Justice, Health, Social Development, and Women’s
Affairs.
Specialised cross-agency cooperation
- Three
specialised New Zealand agencies ensure children are protected from sexual
exploitation through a set of Working Protocols:
- 21.1 The
Censorship Compliance Unit of the Department of Internal Affairs (DIA) is the
main agency for the investigation of the manufacture,
possession of and trading
in child sexual abuse material. The Censorship Compliance Unit conducts online
investigations into the
trading of objectionable images on peer to peer
networks.
- 21.2 The Online
Child Exploitation Across New Zealand team (OCEANZ) of the New Zealand Police
was established in October 2009 with
the goals of safeguarding and rescuing
child victims or potential victims from online child sexual exploitation and
identifying offenders.
- 21.3 The New
Zealand Customs Service Child Exploitation Operations Team (CEOT) is a
specialised criminal investigation unit responsible
for the enforcement of the
prohibition on the import and export, including via the internet, of
objectionable publications into and
out of New Zealand.
- Under
the Working Protocols, the agencies are jointly responsible for freely sharing
information held for investigative purposes,
making investigative and forensic
resources available upon request, and standardising affidavits, warrant
applications and sentencing
submissions. The Working Protocols look to
strengthen future implementation by requiring the three agencies to attend
collective
yearly training to ensure best practice, and by sharing new software
applications. The most recent training session was in March
2013.
III. DATA
- Information
on New Zealand’s method of data collection is available in the Periodic
Report, paragraphs 79 to 91.
Available data on the sale of children in New Zealand
- There
have been no reported cases regarding the sale of children since the Crimes
Amendment Act 2005 created the offence prohibiting “dealing in children
for the purpose of sexual exploitation, the removal of body parts, and
engagement in forced labour”.
People trafficking
- New
Zealand’s record on trafficking issues within New Zealand’s borders
indicates government’s commitment to deter,
prevent and punish illegal
activity of this type is working. New Zealand enforcement authorities have yet
to uncover any evidence
or indication of people trafficking despite a number of
investigations by both Police and Immigration New Zealand officials.
Available data on child prostitution in New Zealand
- Data
collection to assess levels of the involvement of children and young people in
prostitution is difficult because underage prostitution
is hidden, difficult to
identify, difficult to prove, and because engaging persons under 18 for
prostitution is illegal.
27. The most current data available is a study by Abel, Fitzgerald and Brunton,
from the Christchurch School of
Medicine.[6] In 2007 they completed a
study that surveyed 773 individual sex workers across five cities and towns. Of
the 773, 1.3% (10) were
under the age of 18 at the time of the study. It should
also be noted that of the 773 sex worker participants, 18.3% (141) said they
had
started sex work under the age of 18. Of the total number of respondents, 23.8%
(184) had worked as sex workers for more than
10 years, although the average
length of time in the sex industry was between 2-4 years.
- A
five year review of the Prostitution Reform Act 2003, tabled in Parliament in
May 2008, found no evidence of an increase in the
numbers of underage persons
used in prostitution since it came into force, based on this study. Data on
prosecutions and convictions
under the Prostitution Reform Act 2003 also gives
an indication of the level of underage prostitution (refer to Annex
5).
Sex tourism
- OCEANZ
continue to work collaboratively with the DIA and the Customs Service to address
transnational child sex offending online.
In each case where a New Zealander is
involved, they are also considered for the possibility of physical offending
both in New Zealand
and offshore.
- Sex
offenders travelling to New Zealand are placed on a border alert, profiled upon
their arrival by New Zealand Airport Police and,
referred to Immigration New
Zealand for consideration of allowing entry. Returning New Zealanders are spoken
to and profiled where
possible. Voluntary DNA is requested where it is not
already held or where a New Zealander has been deported back for criminal
offending.
Notifications and intelligence regarding known sex offenders
travelling overseas are sent offshore, via the Interpol National Central
Bureau
in Wellington, New Zealand (Interpol Wellington).
Available data on child pornography in New Zealand
- The
New Zealand Police have noticed a significant increase in self-produced child
abuse material as a result of online grooming and
‘sextortion’ for
further images. The Police have also observed a significant increase,
internationally, around the live
streaming by webcam of the sexual abuse of
children. It is difficult to assess the trends in this type of offending given
the covert
nature of it.
- The
DIA runs a Digital Child Exploitation Filtering System (the Filter). The
system is operated in partnership with New Zealand’s
internet service
providers (ISPs). The majority of ISPs have signed up to the system, including
all of the main providers. The system
currently filters 578 sites that contain
child sexual abuse material. An Independent Reference group maintains oversight
of the Filter.
The Filter is proving to be effective in terms of blocking New
Zealanders accessing websites that focus on child abuse imagery. It
acts purely
as a preventative measure and no information on the identity of the user is
collected.
Investigations for relevant offences
- Between
July 2011 and February 2014, the DIA received 908 requests to action
intelligence on New Zealand suspects of child pornography
related offences.
During this time they forwarded 623 offender package requests to overseas
enforcement jurisdictions.
- OCEANZ
has a close working relationship with international law enforcement agencies
from many different countries and has contact
with overseas enforcement agencies
on a daily basis. Since its establishment in 2009, OCEANZ has received
approximately 500 requests
for assistance from overseas agencies and has sent
approximately 350 requests for assistance
overseas.[7] Referrals to New Zealand
are usually due to a victim or an offender being in New Zealand. Referrals sent
by New Zealand are usually
the result of OCEANZ identifying and targeting
offenders.
Convictions for child pornography offences
- In
the year to 30 June 2013, there were 15 offenders convicted of child pornography
offences under the Films, Videos and Publications
Classification Act 1993. A
further 24 cases were lodged. In the year to 30 June 2012 there were 18
offenders convicted of child pornography
offences. A further 24 cases were
lodged.
- 35.1 Of the 15
child pornography related convictions in the 2013 period; all involved the
possession of objectionable material; seven
involved the distribution of
objectionable material; and two involved the making of objectionable
material.
- 35.2 Of the 18
convictions in the 2012 period; all involved the possession of objectionable
material; seven involved the distribution
of objectionable material; and one
involved the making of objectionable material.
- The
DIA has a 99 per cent conviction rate.
IV. PREVENTION (art. 9, paras. 1 and 2)
Children who are especially vulnerable
- In
September 2012, the Ministry of Women’s Affairs published the research
Lightning Does Strike Twice: preventing sexual revictimisation which
found that sexual repeat victimisation, or ‘revictimisation’ has
profound cumulative impacts on long term outcomes,
such as heightened
vulnerability to other forms of victimisation, poorer mental, physical and
sexual health, higher use of health
services and higher rates of
unemployment.[8]
- A
review of international literature completed by MSD found that characteristics
commonly cited by international research as either
potential causes or as
factors that increase a child or young person’s vulnerability to
prostitution include sexual abuse,
running away (or homelessness), substance
abuse, family dysfunction, neglect and physical abuse, mental ill-health
(including post-traumatic
stress disorder), poor educational engagement, and
having been in state care.
- These
characteristics may be direct causes (for example, running away may result in
the need to exchange sex for goods) or indirect
(for example, family dysfunction
may make a child vulnerable to prostitution, but not actually cause it).
Children and young people
in Child, Youth and Family (CYF) care (statutory care
and protection and youth justice residences) are more likely to be at greater
risk of becoming involved in prostitution, as they are likely to have been
exposed to these underlying risk factors.
- The
Government works to mitigate the cumulative effect of these risk factors through
the Children’s Action Plan, and a number
of educational, social, financial
and health programmes described below.
Children’s Action
Plan
- To
address the issues for vulnerable children, the Minister for Social Development
led development of the Green and White Papers for
Vulnerable Children and the
Children’s Action Plan. Legislative measures are now being enacted to
implement these changes.
Initiatives include:
- 41.1 Reinforcing
the need for shared responsibility and co-ordinated and collaborative action
across government social services sector
to better protect vulnerable
children.
- 41.2 Ensuring
children are safe with those that work with them through a new standard safety
check requirement for the children’s
workforce.
- 41.3 Enhancing
the response to children who have already been abused and neglected to increase
the chances of better long term outcomes.
- 41.4 Ensuring
transition out of state care is well managed and
supported.
Educational, social, financial and health
programmes
- New
Zealand also recognises that leaving the formal education system early is a risk
factor for increased vulnerability. The Youth
Guarantee programme focuses on
engaging more young people in learning that is relevant, retaining them in
education, and building
bridges between the worlds of school and work. There is
a particular focus on lifting achievement for Māori and Pasifika students,
and students from communities with fewer resources.
- The
Youth Service was established in 2012 to support vulnerable young people,
including those leaving care, to transition to sustainable
independence. The
Youth Service has two streams:
- 43.1 The Youth
Payment and Young Parent Payment Service for 16 and 17 year olds and 16 to 18
year old parents who are in receipt of
a main benefit.
- 43.2 The NEET
(not in employment, education or training) Service for at risk 16 and 17 year
olds (and some 15 year olds) who are NEET
or at risk of being
NEET.
- This
is a new approach to working with vulnerable young people where community-based
providers deliver wraparound support to unemployed
or disengaged young people
and teen parents in order to improve their educational, economic and social
outcomes. The initiative targets
more than $148 million to vulnerable youth over
four years.
- The
Ministry of Health funds District Health Boards (DHBs) to provide hospital-based
family violence prevention systems. DHBs adopt
this general health screening
approach because victims of abuse are more likely to be seeking care for a range
of seemingly routine
health problems, such as pregnancy, illness, sexual assault
and injury.
- The
Ministry of Health also funds the New Zealand Prostitutes Collective (NZPC) to
provide a national public health promotion service
to ensure those in the sex
industry have access to information, resources and assistance to maintain
personal safety and that legislation,
policy and practices in relation to
prostitution reflect an enlightened public health approach. On occasion the NZPC
reports on trends
around underage prostitution, but this is not a specific
target.
Public awareness and training
- The
New Zealand Police provide a number of programmes in schools to raise awareness
and teach prevention through personal safety.
Specific cyber-safety lessons are
included in the Kia Kaha (Stay Strong) and Keeping Ourselves Safe
programmes, which are delivered or supported by Police School Community Officers
in around 80 per cent of schools each year.
- The
Accident Compensation Corporation (ACC) has developed a best practice secondary
schools-based healthy relationships programme
to teach young people skills to
prevent sexual and dating violence. The programme will be piloted in selected
secondary schools around
the country in July 2014. It will be taught across
school years 9 to 13 by trained specialist facilitators and, once evaluated,
ACC
aims for it to be made nationally available.
- The
Ministry of Education funds Netsafe to provide advice to schools on internet
safety, protocols and social media. More information
on internet safety is
provided in New Zealand’s Periodic Report, from paragraph 172. The DIA has
also enjoyed a long partnership
with Netsafe, initially assisting development of
their education arm. The DIA works with Netsafe on the Organisations Reporting
Button
(ORB). The public go to Netsafe to report a variety of offences. Offences
under censorship or anti-spam legislation come through
to the DIA and this
process has operated for approximately three years.
People
trafficking
- The
main focus of New Zealand's Plan of Action on People Trafficking is
prevention. The Plan provides for a consistent and coordinated response to
people trafficking and includes targeted awarness-raising.
MBIE recently
introduced and publicised measures to encourage victims of migrant labour
exploitation to come forward, including a
specialised phone queue to the Labour
Contact Centre. The channel for making complaints was publicised in multiple
languages, through
front-line non-governmental organisations, unions, community
law centres and other migrant support organisations.
- MBIE
trains frontline staff on trafficking indicators and victim interviewing
techniques, and compliance staff to recognise indicators
of people trafficking.
This is done prior to every compliance operation in the sex industry and
whenever there is a possibility the
operation may expose staff to trafficking
activities. In addition, MBIE provides specific training to all refugee and
protection
officers. Health and safety officers and labour inspectors are
trained on how to detect trafficking activities during their visits
to
workplaces.
Forced and/or underage marriage
- The
Ministry of Women’s Affairs, DIA, including the Office for Ethnic Affairs,
and the New Zealand Police are working together
to increase their understanding
and knowledge of forced and/or underage marriage, and to raise public awareness.
Efforts include
keeping an open dialogue with Shakti Women’s
Refuge[9] and the Indian High
Commission. Family violence awareness campaigns, communications strategies, and
resources have also been developed
based on the Hindi language. Furthermore,
education on forced marriage is provided to quota refugees as part of the
reception programme
at the Mangere Refugee Resettlement Centre, Auckland.
- Education
and awareness-raising also covers health professionals, service providers and
social workers who have contact with these
women and their communities. The New
Zealand Police are increasing staff awareness of the forms of violence commonly
associated with
forced and/or underage marriage.
- The
Police use specialist investigators to engage with victims, including Child
Protection teams and Adult Sexual Assault teams. Police
engage with local
communities to build trust and confidence, and to overcome preconceptions
through Police Ethnic Liaison Officers,
Community Constables and Neighbourhood
Policing teams.
- In
December 2012, multiple government agencies signed a Letter of Agreement
outlining a cross-agency response for victims of forced
marriage in New
Zealand. The signatories to the Letter of Agreement are: CYF, Work and
Income, and Family and Community Services
(service lines of MSD), the Ministry
of Education, the New Zealand Police and Immigration New Zealand.
V. PROHIBITION AND RELATED MATTERS (arts. 3; 4, paras. 2 and 3;
5; 6 and 7)
Legislative frameworks
Child
prostitution
- The
Prostitution Reform Act 2003 decriminalised prostitution while not endorsing or
morally sanctioning it or its use. The framework
safeguards the human rights of
sex workers, protects them from exploitation and promotes their welfare and
occupational health and
safety. It is not an offence for persons under the age
of 18 to engage in prostitution, rather, they are considered to be victims.
- The
prohibition on use in prostitution of persons under 18 years is established by
sections 20 to 23 of the Prostitution Reform Act
2003 which state that a person
is liable to imprisonment for a term not exceeding seven years who: causes,
assists, facilitates or
encourages a person under 18 years in providing
commercial sexual services; receives payment or other reward from commercial
sexual
services provided by a person under 18 years; enters into a contract, or
other arrangement, under which a person under 18 years of
age is to provide
commercial sexual services to or for that person or another person; or receives
commercial sexual service from
a person under 18 years.
Forced
and/or underage marriage
- In
2009, a Parliamentary Petition was lodged by Jane Prichard and 46 Others
requesting that “the House of Representatives examine
the practice of
cultural marriages to underage females and initiate legislation that will
effectively intervene in the prevention
of abuse arising out of such marriages
in New Zealand.” The Justice and Electoral Select Committee considered the
Petition
and released its report in
2010.[10]
- The
2011 Government response to the Justice and Electoral Select Committee report
noted that cultural marriages are not legal marriages
and are likely to be kept
hidden.[11] The Government has been
unable to identify the nature and extent of forced and underage
‘marriages’ in New Zealand because
any such marriage would take
place without a licence or approved celebrant, and would not be registered.
Anyone who is involved in
a forced or underage marriage should be reported to
the Police for an investigation of offences against the Crimes Act 1961 (eg,
kidnapping, slavery or various sexual offences) or the Marriage Act 1955.
- The
New Zealand Government has comprehensive protections in place to ensure the
consensual nature of marriage. Other than two exemptions
(Quakers, and a small
Christian Church), all marriages must be conducted by a listed celebrant
approved by the Registrar-General
under the Marriage Act 1955. A Registrar
cannot issue a licence if a person is under the age of 16. A celebrant or
Registrar must
not knowingly solemnise a marriage for someone under age 16, or
under 18 without both the parties’ and the parents’ consent.
A
marriage can be declared void if the person’s consent was obtained by
duress.
- More
recently, the Concluding Observations made by the United
Nations Committee on the Elimination of Discrimination against Women
in 2012 expressed concern about reports of forced and/or underage marriage in
New Zealand. The New Zealand Government remains aware
of this as a potential
issue and is monitoring the number of marriages involving people under the age
of 18, which are reducing.
Figures are attached in Annex 1. The Government also
considers that it is important to continue to focus on education and building
relationships of trust with migrant and other groups so they understand and
respect the law and the rights and values of people living
in New
Zealand.
People trafficking
- In
addition to the Plan of Action to Prevent People Trafficking and the Interagency
Working Group, there is comprehensive legislation
that covers offences
associated with people trafficking crimes. These include measures to punish
abduction, kidnapping, rape, engaging
underage prostitutes, coercing
prostitutes, and exploiting workers. In New Zealand, the trafficking penalties
are comparable to rape
and murder: imprisonment for up to 20 years or a fine of
$500,000, or both.
- New Zealand
has recently reviewed its legislative framework on trafficking issues and
concluded that the definition of trafficking
should be more closely aligned with
the definition in the United Nations Protocol to Prevent, Suppress and Punish
Trafficking In
Persons, Especially Women and Children. The refined
definition will remove the transnational element of the current trafficking
offence
and ensure that that the use of an “exploitative purpose” is
covered as a means of trafficking in persons.
Child
pornography
- Child
pornography (child abuse material) is prohibited as an objectionable publication
under the Films, Videos and Publications Classification
Act 1993. The term
“objectionable publication” is a generic description of material
that also includes offensive adult
pornography, depictions of torture and
bestiality.
- New
Zealand is currently working on a package of law reforms designed to emphasise
the seriousness of child exploitation material
and send a strong message that
the exploitation and abuse of children will not be tolerated. The changes also
aim to future-proof
the offences against unforeseen advances in technology.
- The
Objectionable Publications and Indecency Legislation Bill was reported back from
Select Committee on 22 April 2014. Its proposals
include: increasing the maximum
penalty for possession of an objectionable publication from 5 years to 10 years
imprisonment; increasing
the maximum penalty for distributing or making an
objectionable publication from 10 years to 14 years imprisonment; creating a
presumption
of imprisonment for repeat offenders so that any person convicted of
an objectionable publication offence involving child exploitation
material for a
second time will be sentenced to a term of imprisonment; and creating a new
offence of indecent communication with
a child.
The Hague Convention and intercountry adoption
- The
Hague Convention on Protection of Children and Co-operation in Respect of
Intercountry Adoption (the Hague Convention) was incorporated
into domestic law
through the enactment of the Adoption (Intercountry) Act 1997. New Zealand
acceded to the Hague Convention in 1999.
The Chief Executive of MSD is the New
Zealand Central Authority for the purposes of the Hague Convention. New Zealand
has international
adoption programmes with seven Hague Convention contracting
States.
- The
Protocol for the Transfer of Care and Protection Orders and Proceedings and
Interstate Assistance is an additional measure taken by New Zealand and
Australia to ensure the lawful movement of children across borders. The
framework
is based on the principle that all parties to it operate on a basis of
mutual respect and co-operation for the benefit of the children
to whom it
applies
- For
an overseas adoption outside the Hague Convention framework to be recognised in
New Zealand, it must meet the requirements of
section 17 of the Adoption Act
1955 (ie it must be legally valid in the country where the order was made
and give the adoptive parent
specific rights in relation to day-to-day care and
inheritance). For a child adopted overseas outside the Hague Convention
framework
to be eligible for New Zealand citizenship, the requirements of the
Citizenship Act 1977 must be met. For example, in relation to
citizenship by
descent, these include that the child was under the age of 14 at the time of the
adoption and, in most situations,
that one of the adoptive parents was a New
Zealand citizen otherwise than by descent.
- In
the event that an application is lodged in the New Zealand Family Court in
relation to a private intercountry adoption from a Hague
Convention contracting
State, the New Zealand Central Authority will retrospectively apply processes
that are consistent with the
Hague Convention in respect to articles 15, 16 and
17. If the overseas Central Authority cannot engage with articles 16 and 17,
the New Zealand Central Authority is unable to meet its obligations under
article 17 and approve the adoption to proceed. For private
intercountry
adoption applications lodged in the New Zealand Family Court for children from a
non-contracting State, the New Zealand
Central Authority endeavours to seek
information from that State which would meet the requirements of article 16 of
the Hague Convention.
- Where
the prospective adoptive parents know or are related to the child (known as
‘relative’ or ‘identified-child’
adoptions), the New
Zealand Central Authority considers these adoptions on a case-by-case basis and
conducts them in accordance with
the Hague Convention and relevant legislation.
In practice, relative and identified-child adoptions will only be facilitated in
a
very limited number of cases.
- The
Adoption (Intercountry) Act 1997 allows for the delegation of functions to
accredited organisations or “accredited bodies,”
to provide
intercountry adoption services. The required standards for these organisations
are set by the Chief Executive of MSD,
and meet the requirements of the Hague
Convention, and the United Nations Convention of the Rights of the Child.
Laws in force covering and defining the acts and activities in
article 3, paragraph 1
- A
full list of offences relevant to the Optional Protocol that provide protection
to children is attached as Annex 4.
Criminal liability of legal
persons
- Section
2 of the Crimes Act 1961 states that “person, owner, and other words and
expressions of the like kind, include the Crown
and any public body or local
authority, and any board, society, or company, and any other body of persons,
whether incorporated or
not”. The statutory wording or nature of an
offence, sexual or otherwise, may mean that a company cannot incur liability as
a principal offender; however accessorial liability may be possible.
- Liability
may also be explicitly stated in any Act. For example, section 139 of the Films,
Videos, and Publications Classification
Act 1993 provides that “where any
body corporate is convicted of an offence against that Act, every director and
every officer
concerned in the management of the body corporate shall be guilty
of the offence, provided the offence took place with that person’s
knowledge, authority, permission, or consent”.
Jurisdiction and extraterritoriality
- Jurisdiction
for the offences covered by the Optional Protocol is established by section 5 of
the Crimes Act 1961 which provides that
the Act “applies to all offences
for which the offender may be proceeded against and tried in New Zealand”
and “to
all acts done or omitted in New Zealand”.
-
Sections 6 and 7 of the Crimes Act 1961 deem acts occurring outside New Zealand
are within the jurisdiction of the New Zealand Courts
if any part of the
offence, or any event necessary to the completion of the offence occurs in New
Zealand, even if the person charged
was not in New Zealand at the time of the
act or event. Section 8 of the Crimes Act 1961 also extends jurisdiction to
crimes committed
on ships or aircrafts beyond New Zealand.
- Extraterritorial
jurisdiction may also be established by the express words of a Crimes Act 1961
provision or other statute. For example,
section 145A of the Films, Videos, and
Publications Classification Act 1993 explicitly provides for extraterritorial
jurisdiction
for “certain offences as required by the Optional
Protocol”.
Extradition and legal basis for international cooperation in
criminal matters
- The
framework for New Zealand’s formal international cooperation in criminal
matters is currently governed by the Mutual Assistance
in Criminal Matters Act
1992 and the Extradition Act 1999, as well as numerous bilateral and
multilateral treaties.
- In
2014 the Law Commission will review the law relating to New Zealand’s
cooperation with other countries to improve and modernise
this framework for the
investigation and prosecution of crime. The Law Commission will consider whether
the processes within these
frameworks are efficient and effective, while also
meeting essential human rights and procedural
safeguards.
Extradition treaties
- New
Zealand has extradition treaties with Canada, the Czech Republic, Fiji, Hong
Kong, South Korea, Tonga, and the United States of
America. Since ratifying the
Optional Protocol in 2011, New Zealand has not entered into any new extradition
treaties nor adopted
any new legislation concerning extradition. New Zealand is
in the process of re-negotiating its extradition treaty with the United
States.
Mutual Assistance in Criminal Matters Act 1992
- New
Zealand is able to make and receive formal mutual legal assistance requests
under the Mutual Assistance in Criminal Matters Act
1992 (MACMA). From 2011 to
2013, there were six cases for offences relevant to the sexual exploitation of
children.
- Any
country can make a request to New Zealand under MACMA for locating or
identifying persons, arranging attendance of a person, executing
search
warrants, serving documents, enforcing restraining and forfeiture orders, and
issuing warrants or orders. New Zealand can
also make requests to other
countries under MACMA for similar forms of assistance.
Extraditions
- Extraditions
for the New Zealand Police are coordinated and managed by the Interpol
Wellington. Between 2011 and 2013, Interpol Wellington
successfully extradited
four men from Australia to New Zealand for offences relating to sexual offending
against children.
- One
man is currently in custody in Australia contesting extradition to New Zealand
for offences relating to sexual offending against
children. Two men are
currently before the Court in New Zealand contesting extradition to Australia,
and one man is also before the
Court in New Zealand contesting extradition to
the United Kingdom, for offences similar to New Zealand’s Crimes Act 1961
offences
relating to sexual offending against children.
Interpol
and Police to Police Assistance
- The
New Zealand Police regularly exchange information regarding investigations with
their international counterparts through membership
of Interpol. Most
international requests for information or investigative assistance are
channelled through Interpol Wellington,
and processes are also in place to
respond to informal (Police to Police) requests.
Seizure and confiscation
- The
Criminal Proceeds Recovery Act 2009 replaced the Proceeds of Crime Act 1991. It
established a regime for the forfeiture of property
that has been derived
directly or indirectly from significant criminal activity, or that represents
the value of a person’s
unlawfully derived income.
- Summarised
information on seizure and confiscation of child exploitation materials for the
2011/2012 and 2012/2013 financial periods,
by the Censorship Compliance Unit of
the DIA, is available in Annex 2. All child abuse or child exploitation material
seized under
warrants is destroyed.
VI. PROTECTION OF THE RIGHTS OF VICTIMS (arts. 8 and 9, paras.
3 and 4)
Ensuring protection for the rights and best interests of child
victims
- Child
witnesses are interviewed by a specialist trained interviewer from CYF, or the
New Zealand Police. These interviews are video-recorded.
Children and young
people are offered the Court Education for Young Witnesses service, part of the
Court Services for Victims service
delivered by Victim Advisers. Information for
parents, carers, family and
whānau[12] of young witnesses
can also be accessed online in 13
languages.[13]
- In
2011, the New Zealand Cabinet agreed to a number of reforms relating to child
witnesses that included a legislative presumption
in favour of pre-recording the
entire evidence of child witnesses under 12 years of age and introducing a right
to a support person.
Following these decisions, the Law Commission reviewed the
operation of the Evidence Act 2006 and released the report The 2013 Review of
the Evidence Act 2006.[14] In
November 2013, following the Law Commission’s review, Cabinet agreed to
progress a number of changes relating to child witnesses,
and to rescind other
decisions that were no longer appropriate.
- The
Evidence Amendment Bill will introduce a legislative presumption that witnesses
(including complainants, but not defendants) under
the age of 18 give their
evidence via the video record of their evidential interview where available or
via the other alternative
ways of giving evidence set out in the Evidence Act
2006. The Bill will also introduce a right for all child witnesses to have a
support person with them when giving evidence. The Bill is expected to be
introduced this year. These changes will align the Evidence
Act 2006 more
closely with the requirements of article 3, paragraph 1, and article 39 of the
Convention, and further implement the
UN Guidelines on Justice in Matters
involving Child Victims and Witnesses of
Crime.[15]
Immigration
- Child
victims of people trafficking may be granted visas to stay in New Zealand
depending on the circumstances and risk of re-victimisation.
All applications
under trafficking policies are determined by Immigration New Zealand officials
who have received specialist training
in this category. Determination of an
application by a child applicant is based on ‘best interest of the
child’ considerations
established on a case-by-case basis with advice from
CYF. More information on ways agencies operate in the ‘best interest of
the child’ is available in the Periodic Report (from paragraphs
124-126).
Where a victim’s age is unknown
- The
identification and rescue of vulnerable children, both in New Zealand and
globally, are the main priorities of the Working Protocols
signed by the
Censorship Compliance Unit, CEOT and OCEANZ. Agencies often encounter images
classed as ‘age difficult’
where confirming the age of a victim is
challenging. These agencies follow Interpol’s standards for the
investigation of the
age of the victim.
- In
addition, section 441 of the Child, Young Persons and their Families Act 1989
allows the New Zealand Court to determine or ‘fix’
the age of the
child in the absence of sufficient evidence. An application for a young
person to be placed in the guardianship of
the Court can be made if the young
person is under 18 (Court guardianship expires at age 18).
Training for those working with child victims
- Current
guidelines for those working with child witnesses can be accessed on the
Ministry of Justice
website.[16]
- Child
witnesses must be questioned in Court in a way that is appropriate and takes
into account the witness or victim’s age
in the phrasing and style of
question, particularly during cross-examination. If a child does not understand
the question, accurate
and reliable evidence is unlikely to be obtained from
them. In 2014, the Ministry of Justice will work with the judiciary and the
New
Zealand Law Society to improve the availability of guidance, education and
training for the judiciary and lawyers on how best
to question and cross-examine
child witnesses.
Programmes for child victims of sale, prostitution and
pornography
- Children
hurt by crime and trauma, including any victims of sexual exploitation, can
access help from Victim Support. This 24/7 service
is free of charge throughout
New Zealand. Volunteers are carefully selected and receive quality training on
all aspects of providing
supports to victims of crime and
trauma.
Victims’ Rights Act 2002
- The
Victims’ Rights Act 2002 was reviewed in 2009. As a result of that
review, the Victims of Crime Reform Bill was introduced
in 2011. It contains
amendments to enhance victims’ rights and role in criminal justice
processes and to improve the responses
of government agencies to victims of
crime by:
- 98.1 Strengthening
the accountability of criminal justice agencies by introducing a Victims’
Code which will provide victims
with information on the services available,
their rights, and the duties and responsibilities of criminal justice
agencies.
- 98.2 Requiring
criminal justice agencies to record specific information on the services
provided to victims, complaints received,
and how they were resolved and
requiring this information to be included in their annual report to Parliament.
- The
Ministry of Justice provides Court Victim Advisors and specialist Sexual
Violence Court Victim Advisors throughout New Zealand
to assist victims
while their cases progress through Court. A Victims Centre was established
within the Ministry of Justice on 1
July 2011, as part of the Government’s
review of victims’ rights in the criminal justice system. The purpose of
the
Centre is to reduce victimisation and improve services to victims of serious
crime by connecting victims with services and informing
them of their rights.
Support, counselling and other treatment for victims
- The
New Zealand Accident Compensation Corporation (ACC) funds support, counselling
and other treatment, as part of its Sensitive Claims
services, for children and
young people who may have suffered a mental injury as a result of sexual abuse
or assault. ACC can also
provide cover for injuries sustained overseas if the
injured individual is “ordinarily resident” in New Zealand. Figures
for sensitive claims lodged in the 2012 and 2013 financial years are attached in
Annex 3.
- In
addition to support, counselling and other treatment, clients may be eligible
for medical care, rehabilitation services and financial
entitlements. The
reforms contained in the Objectionable Publications and Indecency Legislation
Bill referred to in paragraphs 71
and 72 will extend cover to child victims for
mental injury caused by sexual grooming and the proposed new offence of indecent
communication
with a young person.
-
In late 2012, the ACC Sensitive Claims Service Redesign was launched in order to
fully deliver on the recommendations of an independent
review in 2010 and to
deliver services that are fully responsive and client-centred. ACC has developed
the new end-to-end Integrated
Services for Sensitive Claims (ISSC), which will
offer clients more tailored packages of services. The ISSC is scheduled to go
live
in November 2014.
-
The Ministry of Health, New Zealand Police and ACC co-fund Sexual Assault
Assessment and Treatment Services. These provide medical
and forensic services,
delivered by medical professionals trained by Doctors for Sexual Abuse Care, to
survivors of sexual abuse
or assault across New Zealand. An individual does not
need to lodge a sensitive claim to access these services.
-
ACC produces a number of pamphlets to inform clients of, among other things,
their rights to privacy, to access to their personal
information, to appeal a
cover decision, and to make a complaint. ACC’s communications with clients
are governed by the Code
of ACC Claimants’ Rights.
Sexual
Violence Funding Ministerial Review
-
As part of a Review of Specialist Sexual Violence Services, the Minister for
Social Development announced in Budget 2014, $10.4 million
of funding over the
next two years. The extra funding will stabilise and support frontline
crisis-response services, community-based
treatment services, services for male
survivors and people accessing medical and forensic services.
-
Parallel to the Ministerial Funding Review, a Select Committee Inquiry was
launched in 2013 into the funding of specialist sexual
violence social services.
The Inquiry will consider the funding of specialist services and whether they
reflect an integrated approach
to service delivery, full coverage and best
practice, and assess whether services for Māori and other diverse ethnic
communities
are accessible, culturally appropriate, and sustainable.
VII. INTERNATIONAL ASSISTANCE AND COOPERATION (art. 10)
International arrangements
-
New Zealand has mutual assistance treaties with South Korea, China and Hong
Kong.
-
New Zealand recently signed a Preventing and Combating Crime Agreement
with the United States of America that enables the United States of America and
New Zealand to cooperate more closely in order to
prevent and combat crime,
primarily by sharing data more effectively between the two countries for law
enforcement purposes. The
Agreement has yet to be
ratified.
Agency to agency cooperation
-
CEOT shares information and intelligence and conducts joint operations both
domestically and internationally with various law enforcement
agencies that are
dedicated to combating child sexual abuse exploitation. CEOT recently presented
at the International Centre for
Missing and Exploited Children Conference held
in Auckland and also has an excellent working relationship with the United
States
based National Centre for Missing and Exploited Children.
-
The New Zealand Police are a board member of the Virtual Global Task Force and
represent the New Zealand Customs Service and the
DIA within the task force.
-
Operation Hyper is an example of a recent high-profile New Zealand Customs
Service led joint operation with the New Zealand Police
and the DIA. The
operation also involved the United Kingdom National Crime Agency’s Child
Exploitation and Online Protection
Centre, the West Yorkshire Police, the West
Midlands Police, the United States Immigration and Customs Enforcement and the
Federal
Bureau of Investigation. The investigation concerned the distribution of
child sexual abuse material.
Limitations
-
The Government is currently working to introduce a sex offender register. This
will ensure Police and Corrections have accurate,
up to date information for
assessing and managing the risk to public safety. In the meantime the Customs
Service receives intelligence
from Police Districts nationally in relation to
convicted child sex offenders and online offenders, and targets such offenders
travelling
internationally.
Steps to promote international cooperation and
coordination
Regional or
international organisations
-
New Zealand agencies are at the forefront of sharing information and expertise
with other countries in the Asia Pacific region. New
Zealand Police officers are
currently posted in Beijing, Jakarta and Bangkok. These officers help with the
flow of information regarding
potential New Zealand offenders in Asia.
-
DIA also chairs the Interpol Working Group which is responsible for the
development of new forensic tools for international law enforcement
regarding
internet crimes against children. DIA also provides training in the use of these
new tools to overseas investigative agencies.
An example is a recent visit to
South Korea to train their legal and investigative
teams.
Anti-trafficking and the Bali Process
-
Much of New Zealand’s participation in anti-trafficking measures takes
place within the Bali Process on People Smuggling, Trafficking
in Persons and
Related Transnational Crime initiative, of which New Zealand is an active
member. Recent involvement includes:
- 115.1 In June
2013, New Zealand hosted a Bali Process workshop on Irregular Migration in
Auckland. The workshop discussed the challenges
that exist in relation to
sharing immigration information and intelligence.
- 115.2 In
January 2012, New Zealand attended a Bali Process workshop on Protection for
Victims of Trafficking held in Kuala Lumpur,
co-hosted by the Malaysian Ministry
of Home Affairs and the International Organisation for Migration, and attended
by over 100 participants
from 30 different countries.
- 115.3 In 2012,
two senior government officials attended a Senior Officials Meeting of the Bali
Process Ad Hoc Group in Bali, and a
technical experts’ workshop on
Combatting Trafficking in Persons, co-hosted by Indonesia and Australia.
- 115.4 New
Zealand currently has an Immigration New Zealand staff member seconded to the
Bali Process Regional Support Office in Bangkok.
- 115.5 In
February 2014, Immigration New Zealand hosted a delegation from the United
Nations Office on Drugs and Crime. The delegation
gave a presentation on their
work programme, including intelligence on smuggling and trafficking patterns
globally.
-
New Zealand also has regular interactions with United States of America
officials around their Trafficking in Persons report and information
sharing initiatives. United States Secretary Napolitano visited New Zealand in
May 2012 and signed a joint
statement committing to work together to protect
people in the Pacific, so that they are better equipped to detect and identify
victims
of trafficking.
Development assistance to address root causes of
vulnerability
The New Zealand Aid
Programme
-
The New Zealand Aid Programme (the Programme) supports the protection of
children in a number of direct and indirect ways. The Programme
seeks to address
the root causes of vulnerability, as directed by its mission statement,
“to support sustainable development
in developing countries in order to
reduce poverty and to contribute to a more secure, equitable and prosperous
world”.
-
New Zealand provides funding for multilateral, regional and bilateral
activities in developing countries. The Government contributes
to multilateral
organisations such as the Office for the High Commissioner for Refugees, the
World Food Programme and UNICEF, which
has a strong focus on child protection.
In the year to 30 June 2013, New Zealand provided $6,000,000 as
non-earmarked core funding
to UNICEF and $2,084,986 in additional funding for a
range of specified humanitarian and development activities.
Activities specifically related to child exploitation
-
In 2012, the New Zealand Aid Programme provided $2,000,000 to support the United
Nations Inter-Agency Project on Human Trafficking
in the Great Mekong
Sub-region. Women and girls in this sub-region are particularly vulnerable to
exploitation through forced prostitution
or domestic servitude. This activity is
contributing effectively to increased cross-border and multi-disciplinary
cooperation, more
rigorous policy framework agreements, a deeper evidence base,
increased focus on trafficking of children, and increased cooperation
between
civil society and governments.
VIII. OTHER LEGAL PROVISIONS (art. 11)
Related human rights
instruments
-
New Zealand is committed to the protection and promotion of international human
rights, as embodied in the Universal Declaration
on Human Rights and in the
seven core human rights treaties that New Zealand has ratified. In
addition, New Zealand ratified the
Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women and Children, and the Protocol against
the Smuggling
of Migrants by Land, Sea and Air, on 19 Jul 2002.
-
New Zealand is a party to related International Labour Organisation Conventions
including Forced or Compulsory Labour, 1930 (No.29),
Migration for Employment
1949 (No. 97), the Abolition of Forced Labour, 1957 (No. 105),
and the Worst Forms of Child Labour 1999
(No.
182).
Additional human rights progress
-
The New Zealand Human Rights Commission is currently preparing
New Zealand’s Second Action Plan on Human Rights, a key human
rights
policy measure that will identify issues to consider over the next five years.
The timing of this work programme has been
carefully calibrated so that
recommendations from New Zealand’s recent 2nd Cycle Universal Periodic
Review can inform the Second
Action Plan.
Annex 1
Marriages involving
persons under 18 years of age
Table 1. Marriages involving a person under 18 as a proportion of total
marriages
|
|
Count
|
Total marriages
|
% under 18
|
|
|
|
|
2009
|
82
|
23,346
|
0.35%
|
2010
|
78
|
23,066
|
0.34%
|
2011
|
67
|
21,278
|
0.31%
|
2012
|
37
|
22,770
|
0.18%
|
2013
|
57
|
21,695
|
0.29%
|
Table 2. Marriages involving persons under 18
breakdown by age and year
|
Bride under 18
|
|
Age 16
|
Age 17
|
2009
|
20
|
54
|
2010
|
22
|
48
|
2011
|
24
|
36
|
2012
|
8
|
23
|
2013
|
8
|
37
|
Bridegroom under 18
|
|
Age 16
|
Age 17
|
2009
|
2
|
12
|
2010
|
5
|
10
|
2011
|
7
|
7
|
2012
|
0
|
11
|
2013
|
5
|
14
|
Both parties to marriage under 18
|
2009
|
6
|
|
2010
|
7
|
|
2011
|
7
|
|
2012
|
5
|
|
2013
|
7
|
|
Notes: 1 Figures are based on marriages
registered in 2009, 2010, 2011, 2012, and 2013, as at 27 February 2014, with the
Department of Internal
Affairs.
|
Annex 2
Seizure
and confiscation of child exploitation material
Table 3. Summarised information on the seizure and confiscation of
materials containing objectionable material relating to child sexual
exploitation
|
|
2011/12
|
2012/13
|
|
|
|
CD Roms
|
217
|
159
|
Videos
|
9
|
73
|
Computer Systems
|
99
|
51
|
Hard Drives
|
78
|
53
|
USB/ Flash Drives/Memory Stick/ SD cards
|
61
|
56
|
Computer Disks
|
126
|
101
|
Other Publications
|
7
|
4
|
Text Files/docs
|
37
|
55
|
Cameras and iPads
|
30
|
18
|
Cellphones
|
14
|
35
|
DVDs
|
5061
|
2986
|
Notes:
1 Data provided by the Censorship
Compliance Unit of the Department of Internal Affairs.
2 DVDs
include both unlabelled and objectionable items. The Censorship Compliance Unit
indicated that, on average, approximately 80%
of seized DVDs are just for
labelling violations.
Annex 3
ACC
Sensitive Claims for financial years 2012 and 2013
Financial year
2012
Table 4. Number of ACC sensitive claims lodged in financial year
2012
|
Age at Lodgement
|
Female
|
Male
|
Total
|
|
|
|
|
Less than 17 years
|
805
|
192
|
997
|
18+ years
|
2,734
|
699
|
3,433
|
Total
|
3,539
|
891
|
4,430
|
Table 5. ACC sensitive claims lodged in financial year 2012 breakdown by
ethnicity
|
Ethnicity
|
Claim Count
|
Proportion
|
|
|
|
|
|
Asian
|
65
|
1%
|
|
European
|
2, 583
|
58%
|
|
Māori
|
1, 361
|
31%
|
|
Other Ethnicity
|
119
|
3%
|
|
Pacific Peoples
|
183
|
4%
|
|
Not declared
|
119
|
3%
|
|
Total
|
4, 430
|
100%
|
|
ACC Sensitive Claims for financial years 2012 and 2013
continued
Financial year 2013
Table 6. Number of ACC sensitive claims lodged in financial year
2013
|
Age at Lodgement
|
Female
|
Male
|
Total
|
|
|
|
|
Less than 17 years
|
926
|
203
|
1,129
|
18+ years
|
2,932
|
769
|
3,701
|
Total
|
3,858
|
972
|
4,830
|
Table 7. ACC sensitive claims lodged in financial year 2013 breakdown by
ethnicity
|
Ethnicity
|
Claim Count
|
Proportion
|
|
|
|
|
|
Asian
|
79
|
2%
|
|
European
|
2,731
|
57%
|
|
Māori
|
1,528
|
32%
|
|
Other Ethnicity
|
114
|
2%
|
|
Pacific Peoples
|
257
|
5%
|
|
Not declared
|
121
|
3%
|
|
Total
|
4, 430
|
100%
|
|
Notes: 1 It should be noted that circa 700
claims (16%) lodged per financial year are ‘duplicate’ claims where
the client has relodged
a claim for the same event. This proportion of duplicate
claims has remained at 16% for the past four financial years. 2
For ethnicity statistics, ACC uses 'Ethnicity Prioritisation' which
assigns a single representative 'ethnicity' to clients who declare
two or more
ethnicities at claim lodgement.
|
Annex 4
Criminal
offences relevant to the Optional Protocol
Table 8. Criminal offences relevant to the Optional Protocol, by
provision
|
Provision
|
Offence/prohibition
|
Penalty
|
Adoption Act 1955
|
S27A
|
Improperly inducing consent for the adoption of a child
|
7 years /$15,000 fine/both
|
S27(1)(a)
|
Unlawfully keeping child in home for purposes of adoption
|
3 months/$15,000 fine/both
|
S27(1)(b)
|
Unlawfully takes child out of New Zealand
|
3 months /$15,000 fine/both
|
S27(1)(c)
|
Fails to give notice of change in residence
|
3 months/$15,000 fine/both
|
S27(1)(d)
|
Payment in consideration of adoptions
|
3 months/$15,000 fine/both
|
S27(1)(e)
|
Unauthorised advertising
|
3 months/$15,000 fine/both
|
S27(1)(f)
|
Makes false statement for purpose of obtaining order etc.
|
3 months/$15,000 fine/both
|
|
|
|
Children, Young Persons and Their Families Act 1989
|
S206
|
Taking child or young person out of New Zealand where proceedings
pending
|
3 months/$2,000 fine
|
|
|
|
Prostitution Reform Act 2003
|
S23
|
Breach prohibitions on use in prostitution of persons under 18 years (under
S20, S21, S22)
|
7 years
|
|
|
|
Films, Videos and Publications Classification Act 1993 (In
relation to Objectionable Publications)
|
Strict liability offences
|
S123(1)(a)
|
Makes an objectionable publication
|
Individual: $10,000 fine; body corporate: $30,000 fine
|
S123(1)(b)
|
Makes for the purpose of supply, distribution, display, or exhibition
|
Individual: $10,000 fine; body corporate: $30,000 fine
|
S123(1)(c)
|
Imports into New Zealand an objectionable publication for the purposes of
supply or distribution
|
Individual: $10,000 fine; body corporate: $30,000 fine
|
S123(1)(d)
|
Supplies or distributes (including in either case by way of exportation
from New Zealand)
|
Individual: $10,000 fine; body corporate: $30,000 fine
|
S123(1)(e)
|
Possession, for the purposes of supply or distribution
|
Individual: $10,000 fine; body corporate: $30,000 fine
|
Provision
|
Offence/prohibition
|
Penalty
|
S123(1)(f)
|
Displays or exhibits in expectation of gain
|
Individual: $10,000 fine; body corporate: $30,000 fine
|
Offences involving knowledge
|
S124
|
Offence under S123(1) involving knowledge
|
Individual: 10 years; body corporate: $200,000 fine
|
S131
|
Possession of an objectionable publication
|
Individual: $2,000 fine; body corporate: $5,000 fine
|
S131A
|
Possession of an objectionable publication involving knowledge
|
Individual: $50,000 fine/5 years; body corporate: $100,000 fine
|
|
|
|
Customs and Excise Act 1996
|
S209(1A)(a)
|
Knowingly concerned in any importation, exportation, transportation,
shipment, unshipment, or landing of an objectionable publication
|
Individual: 5 years; body corporate: $100,000 fine
|
S209(1A)(b)
|
Knowingly concerned in, or conspires to engage in, removal of an
objectionable publication from Customs controlled area
|
Individual: 5 years; body corporate: $100,000 fine
|
|
|
|
Marriage Act 1955
|
S58
|
Solemnise marriage contrary to provisions of the Act
|
5 years/$500 fine/both
|
S59
|
Falsely pretends to be a marriage celebrant and solemnises marriage
|
5 years
|
S60
|
False statements and improper solemnisation
|
2 years/$400 fine/both
|
|
|
|
Crimes Act 1961
|
S98
|
Dealing in slaves
|
14 years
|
S98AA
|
Dealing in people under 18 for sexual exploitation, removal of body parts,
or engagement in forced labour
|
14 years
|
S98C
|
Smuggling migrants
|
20 years/$500,000 fine/both
|
S98D
|
Trafficking in people by means of coercion or deception
|
20 years/$500,000 fine/both
|
S124
|
Distribution or exhibition of indecent matter
|
2 years
|
S125
|
Indecent act in public place
|
2 years
|
S128B
|
Sexual violation
|
20 years
|
S129
|
Attempted sexual violation and assault with intent to commit sexual
violation
|
10 years
|
S129A(1)
|
Sexual connection with consent induced by certain threats
|
14 years
|
Provision
|
Offence/prohibition
|
Penalty
|
S129A(2)
|
Indecent act with consent induced by certain threats
|
5 years
|
S130
|
Incest
|
10 years
|
S131(1)
|
Sexual connection with dependent family member under 18 years of age
|
7 years
|
S131(2)
|
Attempts sexual connection with dependent family member under 18 years of
age
|
7 years
|
S131(3)
|
Indecent act on dependent family member under 18 years of age
|
3 years
|
S131B
|
Meeting young person (under 16) following sexual grooming, etc
|
7 years
|
S132(1)
|
Sexual connection with child under 12
|
14 years
|
S132(2)
|
Attempted sexual connection with child under 12
|
10 years
|
S132(3)
|
Indecent act on child under 12
|
10 years
|
S134(1)
|
Sexual connection with young person under 16
|
10 years
|
S134(2)
|
Attempted sexual connection with young person under 16
|
10 years
|
S134(3)
|
Indecent act on young person under 16
|
7 years
|
S135
|
Indecent assault
|
7 years
|
S144A
|
Sexual conduct with children and young people outside New Zealand
|
Same penalties as within New Zealand, see Crimes Act 1961 S132(1), S132(2),
S132(3), S134(1), S134(2), S134(3), and the Prostitution
Reform Act 2003
S23(1)
|
S144C
|
Organising or promoting child sex tours
|
7 years
|
S206
|
Bigamy
|
Without knowledge of other party: 7 years; with knowledge of other party: 2
years
|
S207
|
Feigned marriage or civil union
|
Without knowledge of other party: 7 years; with knowledge of other party: 2
years
|
S208
|
Abduction for the purposes of marriage or sexual connection
|
14 years
|
S209
|
Kidnapping
|
14 years
|
S210
|
Abduction of young person under 16
|
7 years
|
S216H
|
Makes intimate visual recording (without knowledge or consent of other
party)
|
3 years
|
S216I
|
Possesses intimate visual recording (without knowledge or consent of other
party)
|
3 years with knowledge;1 year without knowledge
|
S216J
|
Publishing, importing, exporting, or selling intimate visual
recording
|
3 years with knowledge or recklessness
|
Notes:
1 The terms of imprisonment referred to
above are maximums – New Zealand legislation rarely provides for minimum
sentences.
Annex 5
Convictions
for criminal offences relevant to the Optional Protocol
Table 9. Number of charges laid, by outcome, year and offence
type
|
Year
|
Offence description
|
Number of charges
|
|
|
Convicted
|
Not Convicted
|
2011
|
|
Breach of prohibitions on use in prostitution of persons under 18
years
|
7
|
13
|
|
Child sex tour offences
|
.
|
1
|
|
Dealing in people under 18 for sex/body parts/forced labour
|
.
|
17
|
|
Meeting young person following sexual grooming
|
26
|
65
|
|
Sexual conduct with child outside New Zealand
|
.
|
2
|
|
Sexual conduct with a child under 12
|
808
|
1,068
|
|
Sexual conduct with a young person under 16
|
5
|
23
|
|
Sexual conduct with a young person aged 12-16
|
737
|
968
|
|
Other sexual offences against a child or young person
|
.
|
3
|
2012
|
|
Breach prohibitions on use in prostitution of persons under 18 years
|
25
|
11
|
|
Child sex tour offences
|
1
|
.
|
|
Dealing in people under 18 for sex/body parts/forced labour
|
19
|
6
|
|
Meeting young person following sexual grooming
|
22
|
30
|
|
Sexual conduct with child outside New Zealand
|
1
|
.
|
|
Sexual conduct with a child under 12
|
760
|
1,155
|
|
Sexual conduct with a young person under 16
|
7
|
2
|
|
Sexual conduct with a young person aged 12-16
|
805
|
1,183
|
|
Other sexual offences against a child or young person
|
2
|
1
|
2013
|
|
Breach prohibitions on use in prostitution of persons under 18 years
|
18
|
20
|
|
Dealing in people under 18 for sex/body parts/forced labour
|
2
|
11
|
|
Meeting young person following sexual grooming
|
45
|
55
|
|
Sexual conduct with child outside New Zealand
|
.
|
3
|
|
Sexual conduct with a child under 12
|
931
|
1,104
|
|
Sexual conduct with a young person under 16
|
7
|
6
|
|
Sexual conduct with a young person aged 12-16
|
962
|
1,018
|
|
Other sexual offences against a child or young person
|
1
|
15
|
Table 10. Number of people charged, by outcome, year and offence
type
|
Year
|
Offence description
|
Number of people charged
|
Convicted
|
Not Convicted
|
2011
|
|
Breach prohibitions on use in prostitution of persons under 18 years
|
1
|
3
|
Child sex tour offences
|
.
|
1
|
Meeting young person following sexual grooming
|
7
|
5
|
Sexual conduct with child outside New Zealand
|
.
|
1
|
Sexual conduct with a child under 12
|
191
|
212
|
Sexual conduct with a young person under 16
|
2
|
1
|
Sexual conduct with a young person aged 12-16
|
228
|
201
|
Other sexual offences against a child or young person
|
.
|
3
|
2012
|
|
Breach prohibitions on use in prostitution of persons under 18 years
|
3
|
2
|
Child sex tour offences
|
1
|
.
|
Dealing in people under 18 for sex/body parts/forced labour
|
2
|
.
|
Meeting young person following sexual grooming
|
8
|
3
|
Sexual conduct with child outside New Zealand
|
1
|
.
|
Sexual conduct with a child under 12
|
192
|
207
|
Sexual conduct with a young person under 16
|
5
|
.
|
Sexual conduct with a young person aged 12-16
|
258
|
213
|
Other sexual offences against a child or young person
|
2
|
1
|
2013
|
|
Breach prohibitions on use in prostitution of persons under 18 years
|
5
|
1
|
Dealing in people under 18 for sex/body parts/forced labour
|
1
|
1
|
Meeting young person following sexual grooming
|
14
|
9
|
Sexual conduct with child outside New Zealand
|
.
|
2
|
Sexual conduct with a child under 12
|
196
|
173
|
Sexual conduct with a young person under 16
|
3
|
1
|
Sexual conduct with a young person aged 12-16
|
300
|
154
|
Other sexual offences against a child or young person
|
1
|
3
|
Notes:
1 If an individual commits more than one
of the listed offences in a particular calendar year, they will be counted only
once for their
most serious offence.
[1] Adopted by the Committee at its
forty-third session, on 29 September 2006: CRC/C/OPSC/2 (3 November 2006).
[2] Considered by the Committee at
its fifty-sixth session, on 19 January 2011: CRC/C/NZL/3-4 (14 June
2010).
[3] The Social Sector Forum
Deputy Chief Executives is a vehicle for cross-agency leadership and action for
tackling complex social issues
and includes Deputy Chief Executives from all
social sector government
agencies.
[4] Access the document
here: http://www.justice.govt.nz/publications/publications-archived/2002/protecting-our-innocence
.
[5] ECPAT stands for “End
Child Prostitution, Child Pornography, Child Sex Tourism and Trafficking in
Children for sexual purposes.”
ECPAT Child ALERT aims to prevent the
commercial sexual exploitation of children and youth, through research,
education and public
awareness.
[6] Abel, G., Fitzgerald, L., &
Brunton, C., (2007). The impact of the Prostitution Reform Act on the health
and safety of sex workers. Christchurch: Otago University, Christchurch
School of Medicine, available from http://www.justice.govt.nz/policy/commercial-property-and-regulatory/prostitution/prostitution-law-review-committee/publications/impact-health-safety/documents/report.pdf
[7] These statistics are
approximate figures only. They are taken from informal records from the team and
do not reflect official New
Zealand Police statistics or include those generated
at a district level without OCEANZ
involvement.
[8] Access this
document at: http://mwa.govt.nz/documents/lightning-does-strike-twice-preventing-sexual-revictimisation-2012
.
[9] A specialist provider of
culturally competent family violence support services for women, children and
families of Asian, African
and Middle Eastern
origin.
[10] Access the Justice
and Electoral Select Committee report at http://www.parliament.nz/en-nz/pb/sc/documents/reports/49DBSCH_SCR4916_1/petition-200852-of-jane-prichard-and-46-others
.
[11] Access the Government
response at http://www.parliament.nz/en-nz/pb/presented/papers/49DBHOH_PAP21185_1/government-final-response-to-report-of-the-justice-and
.
[12] Te Reo Māori word
meaning
‘family’.
[13] http://www.justice.govt.nz/publications/global-publications/p/parents-and-whanau-of-young-witnesses/publication.
[14]
A copy of this report can be found on the Law Commission’s website www.lawcom.govt.nz.
[15]
Adopted by the UN Economic and Social Council in
2005.
[16] http://www.justice.govt.nz/publications/global-publications/n/national-guidelines-for-agencies-working-with-child-witnesses/publication
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