The Inquiry acknowledges the effective nature of the current system and the preventive role it plays in
addressing disharmony and social disorder. With matters of family violence a slightly different approach
is advocated. In relation to punishments two different approaches should be considered as opposed to
immediate financial penalties. The first is through suspending such a fine for a specified period of time
and if the perpetrator is not found to carry on the abusive behaviour for that time then it is not paid.
However, if they do re-offend then their family is required to pay not only the original fine but any
subsequent penalty for the latest act.
This approach would take into account the ongoing nature of family violence and encourage its cessation
without posing immediate additional financial hardships. A similar tactic would be to utilize community
based punishments, rather than monetary based ones. Not only would the avoidance of financial
hardships be avoided but the village would also benefit through the community service subsequently
carried out. A combination of these two approaches could also be effective.
In relation to banishment the potential risk for further harm it leads to cannot be justified and its use in
relation to matters of family violence is strongly suggested to be stopped. This view was widely supported
throughout the Inquiry consultations, suggesting that it is time that Village Fonos started to consider
reform in this area, as some already have started to do in relation to both this and monetary penalties.
“One of the things I am trying to incorporate in my village is to limit monetary
punishments and try to address the root causes and behaviours that have led to
the action. I am (also) trying to work towards eliminating banishment. If you
banish people they just go into another village.”
Lualua Tautu, matai participant, Inquiry public hearings
RECOMMENDATION 31: Empower the Village Fono / Village Family Safety
Committee to play a direct role in the protection of individual cases of family
violence through provision of shelter for victims and appropriate penalties for
perpetrators.
Allocation of designated shelters for victims of family violence by the
Village Family Safety Committee
Introduce by-laws outlining punishments for family violence matters
based on suspended fines and/or community based punishments.
Consider eliminating the general use of banishment for cases of family
violence unless clearly justified.
15.4 Church
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