also a need to develop alternative, non-adversarial pathways that are culturally appropriate
and which align with Māori models of justice in accordance with Te Tiriti. This is particularly
important for Māori given the adverse and ongoing effects of colonisation which result in
significantly higher family and sexual violence victimisation rates.77
53.
The Committee may wish to make further inquiries with the Government as to:
(a) Progress and activities undertaken to meet the implementation steps to address drivers
of violence and next steps under the National Strategy and Action Plan to Eliminate
Family Violence;
(b) Impact of the Domestic Violence Victims Protection Act 2018, Family Violence Act 2018
and Sexual Violence Act 2021; and
(c) Recognition, respect and support for Māori self-determined initiatives to address sexual
and gender-based violence within Māori communities in accordance with Māori tino
rangatiratanga (sovereign authority) under Te Tiriti o Waitangi and UNDRIP.
Violence and abuse against disabled women and girls
54.
In November 2021, the Commission released two reports documenting disproportionate
violence against disabled people,78 including tāngata whaikaha Māori.79 The reports make
several recommendations, including the need to address tāngata whaikaha Māori and disabled
peoples’ lack of access to the determinants of health and wellbeing, and enshrine protections
in legislation to improve social participation and equality.
55.
The Commission acknowledges the positive progress by Te Puna Aonui to engage with disabled
people and recognise the disproportionate burden of violence they bear, as identified in Te
Aorerekura. The Government has also engaged with the Commission regarding our reports on
violence against disabled people.
56.
However, in September 2022, the Committee on the Rights of Disabled People (CRPD
Committee) noted its concern regarding disproportionate rates of violence against disabled
people in Aotearoa New Zealand, especially gender-based violence against women and girls,
including Maori and Pasifika women and girls.80 Accordingly, the CRPD Committee expressed
concern that the National Strategy to Eliminate Family Violence and Sexual Violence is genderneutral in relation to its focus on persons with disabilities.
57.
The CRPD Committee therefore recommended that the Government develop measures to
address the high rates of violence against disabled people and to include combatting gender-
Sexual Abuse HELP Foundation: https://www.parliament.nz/resource/enNZ/52SCJU_EVI_93010_JU68892/066f464f3cc92c1355680612045da5b244753a8a
77 See submission by Community Law Centres O Aotearoa, above n 67 and Ināia Tonu Nei : Hui Māori report, July 2019,
available at
https://natlib.govt.nz/records/42302710?search%5Bi%5D%5Bsubject_text%5D=P%C5%ABnaha+ture+taihara.&https:/
/natlib.govt.nz/records/42302710?search%5Bi%5D%5Bsubject_text%5D=P%C5%ABnaha+ture+taihara.&search%5Bpa
th%5D=items.
78 Te Kahui Tika Tangata Human Rights Commission Whakamanahia Te Tiriti, Whakahaumarutia te Tangata (Honour the
Treaty, Protect the Person (December 2021) and Whakamahia te Tūkino kore Ināianei, ā Muri Ake Nei (Acting Now for
a Violence and Abuse Free Future (December 2021).
79 Tāngata whaikaha is a strength-based definition to describe disability and can be translated as ‘disabled people who are
strongly in pursuit of enablement.’
80 See Committee on the Rights of Persons with Disabilities, Concluding observations on the initial report of Aotearoa New
Zealand: (September 2022) UN Doc. CRPD/C/NZL/CO/2-3 at 31.
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