“vulnerable child” limiting its application to approximately 30,000 children who are
deemed to be in significant risk of harm. However, the Vulnerable Children Act does
not contain a specific definition of a “vulnerable child”, which means it is possible
that its scope could be expanded in the future to include a greater range of
vulnerable children, including those living in poverty. The Vulnerable Children’s Plan
is yet to be introduced by the Government.
234
In 2015, the Government initiated a major review of Child, Youth and Family (“CYF”),
the Government agency that delivers child protection and youth justice services. The
Expert Panel appointed to conduct the review is charged with recommending steps
to modernise CYF and improve its performance. The Expert Panel has recently
released its interim report which has identified a number of critical shortcomings in
CYFs performance, including a finding that children are not placed at the centre of its
practice.
235
Violence and bullying is endemic in New Zealand schools. Effects on victims can
include living with anxiety and fear, lowered self-esteem, engagement in risk-taking
behaviours such as substance abuse, self-harming, truanting and dropping-out from
school, with associated long term adverse impacts. Victims may also suffer mental
health issues including suicidal ideation, relationship difficulties and impeded
emotional, behavioural and cognitive development.131 Disabled children and young
people, and same-sex attracted, both sex-attracted, Trans and intersex children and
young people are disproportionately affected by violence in schools.
236
In 2013, the Government established a Bullying Prevention Advisory Group (“BPAG”)
whose members included the Secretary for Education, the Children’s Commissioner,
the Human Rights Commission and education sector professionals, to address the
problem. The BPAG produced non-regulatory guidelines to assist schools develop
and administer bullying prevention practices and programmes.132 The guidelines
contain reference to obligations upon schools to prevent bullying.
237
However, the principal legislation governing the school sector, the Education Act
1989, does not contain any provisions that establish explicit obligations upon schools
to prevent bullying, nor are any contained in the National Administrative Guidelines
for schools, issued under that Act.
238
The BPAG 2016 strategic plan includes the following key activities:
131
develop an interagency bullying prevention centralised website;
Office of the Children’s Commissioner (2009) School Safety: An Inquiry into the safety of students at school
132
http://www.wellbeingatschool.org.nz/sites/default/files/Bullying-prevention-and-response-A-guide-forschools.pdf
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Human Rights Commission submission to the Human Rights Committee in relation to New Zealand’s 6th periodic review under the ICCPR