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Harassment Law And Acc Discussion/Resources & Should ACC provide for this?

#661 User is offline   hukildaspida 

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Posted 07 December 2018 - 02:30 PM

It would be interesting to do a follow up on this survey/ report and establish if education and good manners are maybe contributing factors why these men perceptions are what they are.

Perhaps they were raised in environments, work and circulate in places where sexual harassment of anyone is frowned upon and honestly doesn't happen as they have been brought up to treat people with respect.

Not all men treat women and vice versa with disrespect thank gooodness for that.

Please click on the link for the full article and links

Sexual harassment

Men underestimate level of sexual harassment against women – survey

Campaigners shocked that public awareness is low despite #MeToo movement

Pamela Duncan and Alexandra Topping

Thu 6 Dec 2018 07.00 GMT

Men greatly underestimate the level of sexual harassment experienced by women, according to a new survey.
#MeToo founder Tarana Burke: ‘You have to use your privilege to serve other people’
Read more

When asked what proportion of women had experienced any form of sexual harassment, both male and female respondents across the US and 12 European countries, including Great Britain, underestimated the levels experienced by women.

The biggest misconceptions were held by Danish, Dutch and French respondents, who underestimated the actual level of sexual harassment in their countries by 49, 35 and 34 percentage points respectively.

The question was part of the pollster Ipsos Mori’s Perils of Perception survey, which measures the gap between the public’s understanding of issues and reality.

#662 User is offline   Alan Thomas 

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Posted 07 December 2018 - 03:27 PM

What if anything does sexual harassment have to do with the ACC legislation?

#663 User is offline   hukildaspida 

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Posted 17 December 2018 - 12:39 PM

Law Society working group releases report into harassment, inappropriate behaviour

17 Dec, 2018 11:00am


Michael Neilson
By: Michael Neilson
General/Māori Affairs reporter, NZ Herald
[email protected]

Female lawyers have been subjected to "sexual objectification" for decades and new rules are needed to address unacceptable behaviour, a review has concluded.

The New Zealand Law Society is planning changes to reporting and is taking action on sexual harassment and bullying in the legal profession following the comprehensive report.

A working group, chaired by Dame Silvia Cartwright, was set up to look at the processes for reporting and taking action on harassment and inappropriate behaviour in legal workplaces.

It considered if improvements could be made to enable better reporting to the Law Society of harassment in the legal profession.
Recommendations included new rules for lawyers which specifically require high personal and professional standards with specific reference to sexual harassment, bullying, discrimination and other unacceptable behaviour.

The report also called for specific prohibition on victimisation of people who report unacceptable behaviour in good faith, and a specialised process for dealing with complaints of unacceptable behaviour.

The working group was established in mid-April following widespread allegations of sexual harassment, bullying and discrimination within the legal profession, combined with a culture of silence and under-reporting of such misconduct.

Former staff members of top law firm Russell McVeagh had spoken out about sexually inappropriate behaviour by lawyers towards summer law clerks, and controversy also arose around the Otago University law camp following a series of allegations of nudity and jelly wrestling.

The working group found sex discrimination and sexual objectification of women lawyers was not new, and had taken place in the New Zealand legal profession since at least the 1950s. In a national survey in 1992, 38 per cent of women lawyers reported sexual harassment.

The Law Society's board has accepted the recommendations made in the report on the regulatory processes for lawyers where unacceptable workplace behaviour occurs.
"We wanted to know what was wrong with the current system and have received compelling independent answers including that conduct and reporting standards are unclear and must be addressed so to remove any confusion over what is expected of all lawyers," president Kathryn Beck said.

"The Law Society will now develop a programme to determine how they can be put into effect.

"Some of the recommendations are currently outside the mandate of the Law Society and require legislative change.

"The Law Society will work in consultation with the Government, the profession and other organisations to achieve the appropriate outcome."

Justice Minister Andrew Little
had been advised of the report's recommendations and the Law Society would be seeking a meeting in the New Year, Beck said.

The four other members of the working group included Jane Drumm, Philip Hamlin, Joy Liddicoat and Elisabeth McDonald.

Planned New Zealand Law Society changes:

• New rules for lawyers which specifically require high personal and professional standards with specific reference to sexual harassment, bullying, discrimination and other unacceptable behaviour.

• A specific prohibition on victimisation of people who report unacceptable behaviour in good faith.

• The imposition of minimum obligations on legal workplaces or lawyers who are responsible for workplaces. This will include auditing and monitoring of compliance and a prevention on the use of non-disclosure agreements to contract out or conceal unacceptable behaviour.

• A more flexible two-stage approach to confidentiality for complaints about sexual violence, bullying, sexual harassment, discrimination and related conduct.

• Creation of a specialised process for dealing with complaints of unacceptable behaviour.

• Changes to the procedures of the New Zealand Lawyers and Conveyancers Disciplinary Tribunal.

• Investigation of mandatory training and education of lawyers to address culture problems in the legal profession.

#664 User is offline   hukildaspida 

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Posted 17 December 2018 - 12:53 PM

The New Zealand Law Society also need to ensure that the much needed work to be done is done in respect of the manner in which women are treated in general terms within the wider Legal Systems when it comes to Harassment in the community outside of the home and workplaces which is included under The Harassment Act and grant them Restraining Orders, especially where the harassers have known histories of pyschological and other violence and have Protection Orders against them as has been in the case involving XYZ where an offender undertook an insidious trail of destruction, knew how to beat the legal systems and took his rot to his grave without been held to account.

Google and Legal databases are our friends to help us in situations like this.

Shall we name names of those who should know and act better who have endorsed Sexual and other Harassment of women, women who have taken courage to report unsolicited behaviors that are unacceptable to those who are normal law abidding citizens in society?

We understand that the Police know who they are and have evidence that should be used to prosecute the said members of the Legal Fraternity for there abhorrent behaviours of causing further distress to the said complainaints - note plural not singular.

Grace Millane and The Harassment Act 1997

As an aside,
It would be very fitting if we all ensured that there is a greater awareness to all that The Harassment Act 1997, which will have been enacted for 22 years next year, is placed in the limelight to prevent another case like that of Grace Millane ocurring, who was 22 years young, if indeed it is true she meet the alleged offender who we understand she knew only a very short time online so may not have been protected as per the Provisions of The Domestic Violence Act but may well have been afforded protection of her lawful right to her Personal Safety to be free from harm as per the provisions of The Harassment Act.

The Harassment Act legislation was created for a purpose and that inlcudes protecting ALL victims of Harassment not provided for under the provisions of The Domestic Violence Act legislation



Law Society plans changes to regulatory process for lawyers accused of inappropriate behaviour

17 December 2018

The New Zealand Law Society is planning a number of changes to the processes for reporting and taking action on sexual harassment and bullying in the legal profession.

These include:

New rules for lawyers which specifically require high personal and professional standards with specific reference to sexual harassment, bullying, discrimination and other unacceptable behaviour.
A specific prohibition on victimisation of people who report unacceptable behaviour in good faith.
The imposition of minimum obligations on legal workplaces or lawyers who are responsible for workplaces. This will include auditing and monitoring of compliance and a prevention on the use of non-disclosure agreements to contract out or conceal unacceptable behaviour.
A more flexible two-stage approach to confidentiality for complaints about sexual violence, bullying, sexual harassment, discrimination and related conduct.
Creation of a specialised process for dealing with complaints of unacceptable behaviour.
Changes to the procedures of the New Zealand Lawyers and Conveyancers Disciplinary Tribunal.
Investigation of mandatory training and education of lawyers to address culture problems in the legal profession.

The Law Society’s Board has accepted the recommendations made in a report on the regulatory processes for lawyers where unacceptable workplace behaviour occurs. The report has been prepared by a five-person independent working group established by the law Society in March and chaired by Dame Silvia Cartwright.

Presented to the New Zealand Law Society Board on 7 December, it identifies a range of problems with the current reporting regime and concludes that the regulatory mechanisms and processes are not effectively designed for dealing with complaints about sexual violence, harassment, discrimination and bullying.

New Zealand Law Society President, Kathryn Beck says the working group has prepared a comprehensive and well-researched report which fully meets its terms of reference.

“Dame Silvia and the other four members have provided valuable information and insights into the issues involved. They have consulted widely and they have developed several recommendations. We thank them for their careful and thoughtful report.

“We wanted to know what was wrong with the current system and have received compelling independent answers including that conduct and reporting standards are unclear and must be addressed so to remove any confusion over what is expected of all lawyers,” she says.

Ms Beck says some of the recommendations are complex and far-reaching, but they will assist in making the legal community a safe place for all.

“The Law Society will now develop a programme to determine how they can be put into effect. Some of the recommendations are currently outside the mandate of the Law Society and require legislative change. The Law Society will work in consultation with the government, the profession and other organisations to achieve the appropriate outcome.

“We have already advised the Minister, Andrew Little, of the report’s recommendations and will seek a meeting in the New Year to hear his views and to discuss how we can implement the required rules changes,” Ms Beck says.

“As indicated in the working group’s report, and as with all legislative change, it will be important to take care to ensure there are no unintended consequences. A consultative and collaborative approach is needed, and this is essential to ensure we achieve our objective of healthy, safe, respectful and inclusive legal workplaces.”

The full regulatory working group report is available here

A copy of the Terms of Reference of the Group can be found here.

#665 User is offline   hukildaspida 

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Posted 14 June 2019 - 04:37 PM

Make sure they are also reported to the Police as there is often a Criminal element to their behaviours

Office bullies are still in place
14 Jun, 2019 2:59pm


By: Steve Hart
[email protected]

Bullying in the workplace is rising; despite the #MeToo movement and lots of talk about making workplaces safe and secure places to be.

According to a survey by recruitment firm Hays, 20 per cent of the country's employees are bullied at work — almost half of the people affected says it is because of their age, gender, sexual orientation or due to a disability.

Dig deep into the data and an even more disturbing picture emerges; 64 per cent of people with a disability claim they are bullied; 58 per cent of LGBTIQ+ are the target of bullies, and half of all woman and mature-age people are picked on at work. Fewer men (37 per cent) report bullying or harassment.

In Australia, a report by workplace think tank Reventure claimed that bullying in Aussie firms doubled between 2016 and 2017.

But according to the Hays survey, reporting the bad behaviour of co-workers to the boss or HR has an almost 50-50 chance of resolving the issue, and 15 per cent of those bullied or harassed at work leave the job without making a complaint. That leaves the bully in place and the company none-the-wiser (unless it is mentioned during an exit interview — something the survey did not touch on).

Of those who took part in the Hays survey and complained of workplace bullying, 41 per cent said nothing was done to help them.

"I was told I was lying about it and was fired," said one who complained. Another was moved from their role and placed in a different department.

Another was told to be "more resilient".

"I felt I was being blamed for having been bullied," they said. "My claims were swept under the carpet."

However, some people were pleased with the outcome after reporting it to HR, their supervisor or boss.

"The people involved were spoken to, explained to them their behaviour wasn't acceptable and a written letter of apology was given to me by the persons involved," said one survey respondent.

Another said: "Formal action was taken and the person in question had their employment terminated. However, this took a long time, and only happened after two more staff members came forward with similar complaints — up until that point it was believed to be a personality clash, despite witnesses to the behaviour."

Adam Shapley, managing director of Hays in New Zealand, says: "We chose to explore this issue through a diversity and inclusion lens since bullying and harassment cuts through many of the key diversity and inclusion considerations we have identified through talking to both employers and professionals.

"Measures range from the formal letter of the law, sanctions and workplace guides to day-to-day awareness of leaders and managers and the behaviours of all employees. However, given our findings, it seems that despite a growing awareness of the problem, more needs to be done to stop harassment and bullying at work — for all demographic groups."

Often employers will simply point staff in the direction of their Employee Assistance Programme (EAP). These EAP firms are typically paid by the employer to provide the service to staff.

While speaking with an EAP counsellor can't stop the bullying or harassment issue at its source, it can help some people. However, in the Hays survey these services get a mixed review.

One respondent said: "The EAP provider admitted that my employer required full access to any information disclosed by me."

Another said: "I have twice accessed EAPs in two different workplaces. The first one was brilliant as the EAP knew the organisation really well. The second one was less helpful. Some EAP practitioners are good, some aren't."

While someone else reported: "Accessing EAP allowed my family to heal from a very traumatic experience. Having my employer's support strengthened my role as a mother and employee."

The survey reports that of the 35 per cent of people who looked to EAP to help them deal with workplace bullying, just 43 per cent found it helpful. That means that if 100 people felt bullied, of the 35 who looked to EAP for support just 15 were helped.

Disappointingly, 13 per cent of respondents claimed to have never heard of an EAP service at work. Shapley says that means companies need to do more to promote the service to their staff.

"This involves more than mentioning it on an obscure page on the company intranet. For example, line managers could raise it in team meetings and it could be referred to in internal communications.

"Encourage staff to access the EAP if required and ensure confidentiality and anonymity for staff who use the service. Conduct regular anonymous surveys to ensure your EAP provider is delivering to your staff the support they require."

For managers looking for guidance on how to handle issues of bullying and harassment among staff then these comments from survey respondents should provide a clue.

Education, immediate investigation, open and honest conversations, an apology and training.

More coaching of staff around diversity.

Training for everyone about what constitutes bullying.

Training so people learn about respect to women, not to make comments about appearance, and mental health issues.

More acceptance of difference, especially towards mature age employees.

Helping people become more inclusive and understanding of foreign workers.

Perpetrators given strict guidelines about behaviour and that behaviour then managed similar to performance management.

But if workplace bullying is on the rise that does beg the question 'why?'.

Until that question is answered Shapley says employers need to be aware of anti-bullying laws and follow correct procedures when complaints made.

Bottom line ... report bullies in writing even if you are heading out the door to a new job.

#666 User is offline   hukildaspida 

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Posted 14 June 2019 - 04:43 PM

It's unfortunate that the Human Rights Review Tribunal has a gender imbalance.

Come on folks, Whilst it's great to see women represented, there should be a better cross representation of men & women in such places.

New support for the Human Rights Review Tribunal

Monday, 20 May 2019, 1:09 pm
Press Release: New Zealand Government

Hon Aupito William Sio

Associate Minister of Justice

20 May 2019


The Associate Minister of Justice, Aupito William Sio, has today announced the appointment of five Deputy Chairpersons to the Human Rights Review Tribunal to ensure that people have greater access to justice and that their voices are heard.

“This Government has acknowledged the unacceptable backlog of cases before the Human Rights Review Tribunal that developed under the previous National Government and we have taken action by establishing the Deputy Chairperson positions to help reduce the growing backlog,” says Aupito William Sio.

“The appointment of five Deputy Chairpersons will mean the Tribunal will now have the flexibility to provide certainty and reduce waiting times for people who have claims that have not been heard for a long time.

"The law changes this Government made will enable Deputy Chairpersons to share decision-making and decision-writing duties of the Tribunal.

“All of the five appointments have extensive litigation and public law experience and collectively bring together a strong set of skills to the Tribunal.

“The combined skill sets of the Deputy Chairs, in addition to the improvements we’ve made to the operational work of the Tribunal, gives me great confidence that we can improve the experience of people using the Tribunal, and make sure that justice is not denied to them by a lack of judicial resources.

The Human Rights Review Tribunal hears claims relating to breaches of the Human Rights Act 1993, Privacy Act 1993 and the Health and Disability Commissioner Act 1994. Claims could relate to discrimination, sexual harassment, racial harassment, the privacy principles, and the Code of Health and Disability Services Consumers' Rights.

The Tribunal is an independent judicial body which is administered by the Ministry of Justice, and is separate from the Human Rights Commission, Privacy Commissioner, and Health and Disability Commissioner.

The Tribunal’s Chairpersons are Rodger Haines QC and Martha Roche.

“Previously, the Chairpersons were required to preside at all Human Rights Review Tribunal sittings and had all the responsibility for writing decisions.

"I would like to thank Mr Haines in particular for his commitment to improving the Tribunal,” says Aupito William Sio.

Deputy Chairpersons Appointed

Katherine Anderson, Auckland

Ms Anderson has been a panel member on the Human Rights Review Tribunal since 2013. She is a senior and experienced litigation and public law lawyer with extensive private and public law experience. She was a policy advisor on legal issues for the Department of Prime Minister and Cabinet from 2007 to 2010 providing policy and legal advice on a broad range of portfolios. Ms Anderson was a senior legal advisor to the Police team in relation to the Pike River Royal Commission between 2011 and 2012. After three years as Director Legal Risk at Auckland Council Ms Anderson is presently a partner in a large national law firm.

Martha Coleman, Wellington

Ms Coleman describes herself as a human rights specialist. She is an experienced public lawyer with over 20 years practice. She has been a Barrister sole since 2014 and for the previous 14 years was employed by the Crown Law Office as a Crown Counsel specialising in the area of human rights. She has extensive experience in providing advice and representation in relation to human rights issues, including those arising under the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993. She has represented the Crown in a number of key discrimination cases. Previous to that she was a solicitor at Chapman Tripp, a judges’ clerk in the Court of Appeal and lecturer at Victoria University teaching discrimination law, administrative law and women workers law and equality. Ms Coleman has been a Parole Board Convenor since 2017 having been a Parole Board Member from 2014. She has been a District Inspector for Mental Health since 2017. Ms Coleman holds an LLM from Yale University where she studied on a Fulbright Scholarship specialising in constitutional and anti-discrimination law.

Sarah Eyre, Wellington

Ms Eyre is a New Zealander of Tongan and Pakeha descent. She is adept at working within and moving between different cultures. She has extensive experience working with diverse and minority groups, including Māori, Pacific peoples and refugee claimants. She has 18 years legal experience. She is presently a Visiting Justice (since 2015), a Disputes Tribunal Referee (since 2011) and a member of the Real Estate Agents Authority Complaints Assessment Committee (since 2014). From 2003 to 2011 she worked for an Auckland law firm providing general legal advice including Treaty claims and Immigration issues. From 2000 to 2002 she was a Refugee Status Officer for Immigration New Zealand. Relevantly she is Chair of the Real Estate Authority’s decision-writing committee; deputy chair of a Complaints Assessment Committee for the Real Estate Authority and a mentor for new Referees of the Disputes Tribunal.

Jane Foster, Wellington

Ms Foster is a highly experienced public lawyer with significant expertise in human rights and administrative law including nearly 20 years of litigation practice, including in matters involving the Human Rights Act, the New Zealand Bill of Rights Act and the Privacy Act. Since 2015 she is presently employed as general counsel at the Office of the Privacy Commissioner. Her principal responsibility is to provide expert legal advice and quality assurance for the Commissioner and his office in administering the Privacy Act 1993, as well as managing any litigation in which the office is involved. She has previously worked for the Crown Law Office where she started as assistant crown counsel in 1997, moving to associate Crown counsel role in 2004, then to a Crown counsel role in 2009. She worked for 15 years in the Crown Law Human Rights Team. Between 1995 and 1997 she was a litigation solicitor for Chapman Tripp.

Gillian Goodwin, Auckland

Ms Goodwin has been a panel member of the Human Rights Review Tribunal since 2013. For the past 29 years she has been a partner in major law firms, most recently Anthony Harper since 2013. Her area of expertise is corporate and commercial law with an emphasis on securities law and finance. Ms Goodwin is a member of the Institute of Directors, the Auckland District Law Society Commercial Law Committee and a past member of the New Zealand Law Society Commercial and Business Law Committee. From 2012 to 2016 she was a National Board Member of the Muscular Dystrophy Association which provides support for families affected by muscular dystrophy and other neuromuscular conditions.


#667 User is offline   hukildaspida 

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Posted 10 September 2019 - 02:21 PM

Good on you Hayley!!

Former NZ Navy officer who received apology over sexual harassment says quest for justice was about helping others in Defence Force
Thu, Aug 8
More From
New Zealand
Crime and Justice

Former Navy officer Hayley Browne (nee Young) has this morning described her five-year fight for an apology over the sexual harassment and alleged rape she endured while serving.

Ms Browne has received an apology from the New Zealand Defence Force, issued by Attorney General David Parker, and a confidential compensation payment after a long fight for justice.

She says NZDF failed to provide a safe workplace for her, and that she was raped by a British naval employee while on deployment in 2009.

The NZDF set up "Operation Respect" to fight rampant sexual harassment and harmful sexual behaviour.

Speaking this morning on TVNZ1's Breakfast, Ms Browne said "it was never really about me it was more about what could I do to help hundreds of other people coming behind me.

"I think the apology was really important because in order for them to give me an apology they needed to actually own the responsibility for what happened."

Ms Browne said that she wasn't listened to, initially, because "the way the culture worked at the time was to just sort of attack anything instead of stop and listen.

"I loved my job in the Navy and 98 per cent of it was absolutely awesome ... but here was that two per cent of the culture that was really degrading and objectifying," she said.

She says she was re-traumatised after the Navy used her image on a promotional campaign trying to entice more women to join.

The campaign took the form of a fake Facebook profile on which the woman - who was given a different name - undertook all of the things that Ms Browne had said she was interested in.

"They gave her my face," Ms Browne said.

"She got the career that I wanted ... that hit me to the core - it was so violating and re-traumatising."

Ms Browne said as part of her apology and compensation, she asked that the Navy give her assurances that the culture has changed.

She said they couldn't give specific data, but did offer "simple anecdotes around how things have changed".

"They didn't measure or take surveys about the culture before and they're still not measuring it now," Ms Browne said.

Watch the full interview above.

#668 User is offline   hukildaspida 

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Posted 10 September 2019 - 02:32 PM

Culture change perhaps not only needs to change amongt some within the likes of the Police force however until Police recieve appropriate training at Police college how to address Harassment in mianstream society there will be issues.

Please folk, it's 22 years since The Harssment Act was introduced, you all need to learn that it's not a black & white law, it has many variances for many situations people may finds themselves in, including VULNERABLE Persons.

Get your heads around it, it takes courage to report Sexual & other Harassment at the best of times, including where there are targets of Financial & Organized Crime by organized Criminals

Take the time to sit down, listen to & comprehend chronological order, context and content in people's situations.

Frankly we are disgusted and emabarrassed to learn that in it's 22 years of existence that the wider legal fraternity, incldung Police and Ministry of Justice Personal are still struggling with understanding this Law which is there & as intricate as it is a very good reason.

It's NOT OK to go around and harass vulnerable people who have head injuries and their families, nor is it ok to stereotype people who have taken courage to ensure Law & Order and know exactly what they are talking about & have been through.

Froth rises to the top in all manner of places.


Bullying remains widespread in police: 'It just builds up and builds up'
9 Sep, 2019 6:55am
6 minutes to read
Police officers spoken to said senior staff members led bullying culture, using positions of authority to make life difficult for those ranked beneath them. Photo / RNZ
Police officers spoken to said senior staff members led bullying culture, using positions of authority to make life difficult for those ranked beneath them. Photo / RNZ

By Ben Strang and Rebekah Parsons-King for RNZ

Bullying remains widespread throughout the police little more than a decade after a commission of inquiry into the organisation's culture, victims say.

In 2007, the Commission of Inquiry into Police Conduct, led by Dame Margaret Bazley, recommended wide changes to the police's handling of sexual assault complaints and wider organisational culture.

However, it appears there remains a culture of bullying within New Zealand Police.

RNZ has independently spoken to 21 police officers and staff members who have experienced or witnessed bullying. They are all from different parts of the organisation and different regions, and none work with or personally know each other.

Each reported similar experiences of bullying.

They said senior staff members led bullying culture, using positions of authority to make life difficult for those ranked beneath them.

"I'd ... call it mental abuse," said one officer, who will remain nameless.

"Snide remarks, snide comments, acting towards you in a certain way, ignoring you.

"Coming in and speaking over you when you're having a conversation with someone [and] just dealing with you disrespectfully.

"You wouldn't expect it, but it happens. I know it sounds minor, but when it's constant, it just builds up and builds up and builds up."

He received a small payout after filing a personal grievance for bullying. A non-disclosure agreement was part of the process.

Those who complained, specifically using the Speak Up hotline, said their complaints were sent straight to the people who had been bullying them, their superiors.

Someone working in the police's IT department said it was for that reason people did not trust the Speak Up system.

Another sergeant said because of the issues with Speak Up, most people never lodged a formal complaint.

Figures released under the Official Information Act show in the year to February 2019, 74 complaints were lodged using Speak Up, 23 of which were for bullying.

Another 22 were for attitude and language related reasons and 11 were for breach of policy. Harassment, discrimination, conflict of interest, breach of privacy and drugs and alcohol issues were also among the complaints.

A person from the police's human resources said many of those complaints should be classed as bullying, but there was a conscious effort to remove the word from any complaints, specifically in case media asked for bullying numbers through the Official Information Act.

"We're advised to use any word we can, other than the word bullying. Sometimes you have to get really creative."
What is it like to be bullied in the police?

A senior sergeant told RNZ staff were forced to either join the bullying or wear the abuse.

It was harder to get promoted when on the outside, and the mental toll was difficult to handle, he said.

A lot of people battled depression as a result, and there was a growing number who struggled with drug and alcohol problems.

He said should a staff member make a complaint, it was uncommon for anything positive to come of it.

A sergeant RNZ spoke to, also anonymously, said he approached a New Zealand Police Association delegate after being bullied by his superiors and was told he had limited options.

He could make an official complaint, which could lead to a personal grievance and a pay-out. But he was told if it was not proven it could lead to him being shifted to a different region or role.

The other options were to ignore the bullying, or to take an extended period of leave and hope it was better on his return.
What is the police response?

RNZ requested an interview with New Zealand Police Commissioner Mike Bush. He declined.

In a statement, deputy chief executive of people and capability Kaye Ryan said the police was committed to achieving better outcomes for its staff.

"We want to allow our people to have the opportunity to learn from incidents, conduct and behaviour, rather than the traditional position most organisations take where the person is punished with a written warning.

"Police has historically commenced employment investigations into bullying complaints and has traditionally responded to those complaints in a disciplinary way.

"We have found this approach was protracted, did not satisfy the complainant or the person complained of and was damaging to the wider team."

She said the police was reviewing its disciplinary process.

Police Minister Stuart Nash refused to be interviewed on Morning Report, but said bullying claims were best answered by Commissioner Bush.

"Both the commissioner and his team are aware of my expectations that police has a healthy, diverse and inclusive culture. As part of that culture I expect bullying complaints to be taken seriously."
Call for another commission of inquiry

The Commission of Inquiry into Police Conduct was announced early 2004. In 2007, commissioner Dame Margaret released her report, which identified a range of systemic issues and problematic behaviour patterns within police.

Sixty recommendations were put forward for police, its conduct authority, and the government.

Some of the changes made after inquiry have been praised, and there is a general consensus the police is a better place than it was a decade ago.

But it appears some people have ignored the culture shift.

The members of the police RNZ spoke to agreed that another independent inquiry was needed to look at the culture of bullying.

"It needs to be someone who is given the authority to go in and ask questions, and meet people like me face to face," said one detective.

"It would be nice to see that for the colleagues who are going to join in the future."

Otherwise he would have had to resign.

That experience was echoed by several other police officers.

A detective said many of bullying victims had taken the option of extended leave without pay, hoping things would improve on their return to work.

According to numbers released under the Official Information Act, between 2014 and 2017, 240 people took extended leave of three months or more.

Just 91 of those people still work for the police.

There is no way of telling how many of those people had been victims of bullying.

A detective said he loved his job and his role in the police, so complaining about bullying was not an option.

After a long period of leave, he is back in his job but the bullying is starting to ramp up again.

Every person RNZ talked to said bullying was not universal, and there were many good managers throughout the police.

#669 User is offline   hukildaspida 

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Posted 10 September 2019 - 02:41 PM

Old Boys and Old Girls networks is it that there has been "stonewalling"???

Come on all those of you who know that unlawful behaviours including Phone hacking to obtain votes has gone on within the Labour Party, speak out about it.
We know it's gone on for at least 19 years by those closely associated and within the Labour Party.

Perhaps there's a very valid reason why these complainants have not gone to the Police to report things.

Think back over the years who has done what where within Police Ranks, links to ACC & other industries, there's a wider picture in everything.

Those who have covered their filth and think it's ok to abuse and harass vulnerable people must be held to account.

Young Labour abuse victims barred from Parliament offices
Andrea Vance and Alison Mau05:00, Sep 08 2019


Current Time 0:06
Duration Time 1:26

Chris Skelton/STUFF
NZ Prime Minister Jacinda Ardern and Labour party president Nigel Haworth address allegations of party youth camp sexual assaults.

​Labour's president Nigel Haworth barred complainants and witnesses in an alleged bullying and sexual harassment case from one of Parliament's main buildings.

Leaked emails show Haworth and other senior officials instructed the women, all Labour party members, to stay away from the Labour party offices in Bowen House, where the man at the centre of their complaints works.

One witness was ordered to stay away from the entire 22-storey office block, which houses Ministers, MPs and public servants.

* Jacinda Ardern confirms Labour reviewing investigation into bullying, sexual harassment after fresh allegations
* Labour accepts alcohol, sexual assault recommendations after camp incident
* Victim slams Labour summer camp report
* No heads to roll at Labour over youth camp allegations while review carried out
* Labour youth camp trial: indecent assault charges withdrawn, accused pleads guilty to assault​
Prime Minister Jacinda Ardern pictured with with party president Nigel Haworth.
Prime Minister Jacinda Ardern pictured with with party president Nigel Haworth.

Speaker Trevor Mallard, Parliament's gatekeeper, was not told of the direction and says it was inappropriate.

The parliamentary staffer is the subject of a series of bullying, harassment and sexual assault claims. He was also barred from another building, where some of the women worked.

In an email to complainants in July, Haworth, the party's top official since 2015, wrote: "there is a continuing need to maintain an appropriate degree of separation between you and [the subject of complaints]."

Ten days later, general secretary Andre Anderson wrote asking a witness to stay away from Bowen House.

"We acknowledge the stress that these matters are placing you all under and feel that maintaining a physical separation is an appropriate interim measure… as you are each making important contributions to the Party, we are hoping that this arrangement reduces any impact that the presence of one of the other parties may cause while these matters are being resolved."

He added: "There may be other Party activities where you encounter each other, but where it would be both complicated and unfair to prescribe in advance who can and cannot attend. In these cases, we ask that you respect the fact that the other person may feel the need to leave."

The man, who Stuff cannot identify for legal reasons, is employed in the Labour Leader's Office, a unit set up to help Labour MPs with the everyday business of Parliament.

He is a public servant employed by Parliamentary Service, not the Labour party.

The witness told Stuff that the women were unhappy with this decision and pointed out that they were required to attend work meetings in Bowen House.
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They were then told to contact the Labour party when they wished to visit, the witness said. The male staffer would also be informed when any of the women came to the building.

A letter from assistant general secretary Dianna Lacy also reveals the Parliamentary Services staffer agreed not to access information at work about the women.

Stuff has also learned three of the women were invited to a young Labour event, in the party's caucus room at Parliament, in late April, as the investigation was ongoing.

When they arrived, the found the staffer had been assigned to meet and chaperone guests, giving access to the building using his swipe card.

One of the complainants believed this "put young people directly in danger, especially his victims".

Seven formal complaints were laid with the party and up to 12 people made general complaints about the staffer.

Labour's ruling council agreed to investigate the claims of bullying and harassment in February and appointed three party members to investigate.
Wellington's Bowen House looms over the Beehive.
Hagen Hopkins
Wellington's Bowen House looms over the Beehive.

They were Simon Mitchell, a lawyer, Christchurch-based Tracey McLellan, who has previously worked for MPs Ruth Dyson and Megan Woods, and Honey Heemi, of Labour's Maori council.

Interviews took place in March, and in June they delivered a report to the Council, which recommended no disciplinary action be taken. Council accepted that recommendation.

The complainants were unsatisfied and began questioning Haworth, Lacey and Anderson about an appeals process.

There was no right of appeal in Labour's constitution, but the party agreed to ask its solicitor, Hayden Wilson, of Kensington Swan, to undertake a review of "procedural matters". He would not re-investigate whether misconduct took place.

It was then that Haworth asked the women to stay away from Bowen House.

Some of the complainants decided to go public, sending an email to media outlets. An email from Anderson, on Jul 23rd, shows senior Labour figures were already aware of the allegations.

These included: Prime Minister Jacinda Ardern, and her chief of staff Mike Munro, deputy chief of staff Raj Nahna, and chief press secretary Andrew Campbell.
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Alison Mau • Senior Journalist and #MeTooNZ Editor
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Finance Minister Grant Robertson and MPs Kiritapu Allen and Paul Eagle were also in the loop, as well as union official and party Council member Paul Tolich and Wellington city councillor Fleur Fitzsimons, also on the Council.

When the story hit news headlines, Ardern admitted the party had not handled the complaints well.

Haworth promised new rules that would ensure serious allegations would be looked at by an independent expert. The seven complainants were invited to have their cases re-examined and given funding for legal advice.

The allegations followed a scandal at a Labour youth camp in 2018. Last week, a 21-year-old man, who has interim name suppression, pleaded guilty to two charges of assault at the Waihi camp.

The Crown withdrew indecent assault charges amending them to assault.

Haworth refused to respond to a list of detailed questions from Stuff. He said: "Given these matters are now subject to appeal the Party won't be making any comment at this time."

Mallard grants and restricts access to the parliamentary complex. He said: "The first point that I want to make is that I have repeatedly, through [Parliamentary Service's] general manager [Rafael Gonzalez-Montero], the relevant office and people who have raised the matter with me that I think either a Police complaint (if an offence is alleged to have occurred) or a complaint relating to employment if people feel unsafe, should be made.
Nigel Haworth has been party president since 2015.
Nigel Haworth has been party president since 2015.

"That would give a basis for taking action. No such complaint has been made with the Parliamentary Service."

He said no-one had asked him about restricting complainants' access to Bowen House. "If asked I would have indicated that I did not think such a suggestion/agreement was appropriate."

In the last two years Parliament has been rocked by a series of bullying allegations. Following the damning Francis Report earlier this year, another employee was stood down over claims of sexual assault.

Gonzalez-Montero confirmed no-one has complained to Parliamentary Service, which means they cannot formally investigate.

The organisation was first told of the complaints to Labour on July 13 and was not approached during the course of the party's investigation.

He was also unaware of the restrictions to access."Parliamentary Service was not aware of this and while we do not know the full details of the situation we do not believe this is an appropriate action," he said.

Sunday Star Times


#670 User is offline   hukildaspida 

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Posted 10 September 2019 - 02:50 PM


Labour assault, bullying claims: Everything you need to know

33 minutes ago
Anna Bracewell-Worrall


Watch: Complainants say accused Labour staffer has been seen at Parliament since allegations. Credits: Newshub

Newshub has been investigating allegations of sexual assault, harassment, intimidation and bullying against a Labour party staff member for the past two months.

The story was first broken to the public by political editor Tova O'Brien five weeks ago.
What are the allegations?

Newshub first reported allegations including sexual assault, sexual harassment and bullying against a Labour Party staffer on 5 August.

The alleged victims had taken complaints about the staffer to the Labour Party executive. The complaints were numerous enough for the party to launch an investigation, in which a panel heard testimony from interviewees.

Labour volunteer details alleged sexual assault by senior staffer
Jacinda Ardern 'deeply disappointed' in Labour's handling of allegations
Exclusive: Labour forced to review investigation into bullying, sexual assault allegations against staffer

Those who spoke out were frustrated and "retraumatised" by the complaints process. In July they'd been told despite the investigation into the staffer, no action would be taken against him.

The Labour Party executive has been insisting there were no complaints of sexual assault but Newshub on Monday reported details of a complainant's testimony she claims was provided to the panel. In it, she describes struggling against the accused as he pulls down her pants and grabs her under her shirt.
How many people made allegations against the staffer?

Newshub has spoken to five of the seven people who made complaints about the Labour staffer.
If allegations of sexual assault were reported five weeks ago, why are they in the news again now?

Fresh news stories on Monday go into a level of detail of a sexual assault claim that was previously unreported.

Newshub reporting up until Monday night had been focused on the complaints as a whole, rather than individual incidents. On Monday, O'Brien reported an account from one of the complainants, who said the staffer assaulted her for 10 to 20 minutes. She recounted struggling against his weight, while he used one of his elbows to push against her collar bone. His other hand went into her trousers.

"I just remember how sharp his nails were," she said.

At the Prime Minister's weekly post-Cabinet press conference, Jacinda Ardern said the first she'd heard of sexual assault claims against the staffer had been in the Spinoff that day.

She said she'd been told the complaints were not sexual and on her Tuesday morning media rounds, did not express confidence in the party president Nigel Haworth, saying she would wait for an investigation into the process to wrap up.
Who knew about the allegations?

Because the allegations had been investigated by a Labour party panel over the course of nearly three months, when the first news story broke, a handful of MPs already knew at least some of the details.

They included Labour Party leader Jacinda Ardern, Finance Minister Grant Robertson and two other Labour MPs.

The key contention is currently who knew about the allegations of sexual assault and when. The complainant who spoke to Newshub on Monday said the panel was told during the investigation. Haworth was part of that panel, but has been insisting there was no complaint of sexual assault.
How does the future look for the Labour Party president Nigel Haworth?

An investigation into the complaints process was launched off the back of Newshub's first story. If that investigation finds there was a complaint of sexual assault and that it wasn't investigated or reported properly, then it's hard to see a situation in which Haworth wouldn't offer his resignation.
Why did the complainants come forward to the party in the first place?

Those who laid complaints did so after the party encouraged victims to come forward following allegations of groping at a Young Labour camp.

They say they were concerned that young women joining the party could be harmed by the man at the centre of the allegations. They believed the party could deal with it and did not want to go to police.
After going to the party, why did they speak to media?

Alleged victims contacted Newshub after becoming frustrated with the party's processes. They had provided testimony to a panel of officials, including the party Secretary Nigel Haworth.

One of the women who allege a sexual assault says notes taken during the interview were poor and failed to detail the assault.

She says she read off a written testimony during the interview, and that the written testimony was provided to the panel. Newshub has seen the testimony and it details a sexual assault.

The party continues to insist there were no complaints of sexual assault.
What is Paula Bennett's involvement?

The deputy leader of the Opposition is an unusual ally for the alleged victims of the Labour Party staffer. At least one of the complainants went to Bennett, hoping it would help resolve the case.

August 2018: Labour Party president Nigel Haworth informed the staffer told a woman she was elected within the party because she "would be nice to sleep with".
9 March, 2019: Complainants are interviewed by a panel
21 May, 2019: Investigation wrapped up
June, 2019: Complainants told of the outcome
5 July, 2019: Labour party president emailed complainants to say no action would be taken
5 August, 2019: Newshub breaks the story of investigation into bullying and sexual assault allegations against staffer
August 8, 2019: National's Paula Bennett claims to have been contacted by a victim
August 08, 2019: PM said she was advised none of the people who made a complaint to Labour about a party member currently work in any part of Parliament
August 10, 2019: Decision taken by Labour to appoint a QC
September 09, 2019: Labour staffer details alleged sexual assault by senior staffer
September 09, 2019: PM says she is "deeply disappointed" in the party's handling of allegations and wasn't aware they were sexual in nature
September 10, 2019: Labour president Nigel Haworth says sexual assault allegations were not brought to Labour Party investigation


#671 User is offline   hukildaspida 

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Posted 10 September 2019 - 02:51 PM


Calls for Labour president to resign over handling of sexual assault allegation against staffer

10 Sep, 2019 9:25am
5 minutes to read
Current Time 0:18
Duration 1:50

Nigel Haworth stuck to the position that he is 'bound by confidentiality' today as he repeatedly shut down questions about the ongoing process. Video / Boris Jancic
NZ Herald

There are calls for the Labour Party's president to resign over his handling of allegations of sexual assault against a staff member amid an investigation into the saga.

Meanwhile, lawyers for the man at the centre of the accusations say they are "without foundation".

The party has been rocked by allegations published in The Spinoff this week that a 19-year-volunteer was subjected to a prolonged sexual attack by a male Labour staffer in February 2018.

The staffer was investigated by the party over complaints from seven different people earlier this year, but it concluded no disciplinary action was needed. Following complaints last month, the party has now asked a QC to review the investigation.
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Labour says it did not investigate claims of sexual assault and that it was not the appropriate body to do so. The volunteer is reported to have said she had met with Labour president Nigel Haworth in 2018 and described the alleged attack to him, and in March 2019 told the investigating panel about it.

An open letter to Prime Minister Jacinda Ardern and Labour's major governing bodies is now calling for Haworth to resign over the matter.
Jacinda Ardern on alleged sexual assault by a Labour staff member. Video / Mark Mitchell

Posted online, the document says it has been written by the Labour Party, some complainants and other supporters.

"We call on Nigel Haworth to formally resign as President of the Labour Party and to withdraw his candidacy for re-election at the November Conference," it reads in a list of eight demands.

"All of us have watched in horror as this story has unfolded, as the survivors have been repeatedly re-traumatised, and as the Labour Party has run a shambles of a process."

It also calls for a formal apology from Haworth, changes to the party's sexual harm prevention policy, training for all party members on sexual harassment prevention and for the staffer to be barred from the Parliamentary precinct.

In a statement to the Herald, a lawyer for the staff member facing allegations said he had confirmed the claims were without foundation.

"My client was the subject of inquiry, and that inquiry concluded that there was no case to answer," he said.

"He now finds himself in the distressing situation of being subjected to a further inquiry. He has agreed to co-operate fully with that further inquiry, and given that this process is currently being conducted, I have advised my client that it is completely inappropriate for these matters to be litigated in the media."

Ardern on Monday told media she had only learned the allegations against the staffer were of a sexual nature of that day and that the party had previously assured her they were not.

She said she was deeply frustrated and concerned about the party's handling of the situation and the conflicting report, would not say she had confidence in Haworth, and said she would wait for the outcome of the QC's report.

Ardern in a series of interviews on Tuesday morning again repeatedly refused to back the president.

Asked by Newstalk ZB if she would sack Haworth, Ardern said if a report found the party hadn't dealt with the matter appropriately "or that there's been failures on his part, he would do what's in the best interests in the party and those involved".

Haworth has declined repeated requests for comment.

Ardern on Monday said the staffer had not been working at the Parliamentary precinct for about five weeks and would not return, at least, until the review was complete.

In a statement, Parliament Speaker Trevor Mallard said no complaint had been made to Parliamentary Service - the man's employer - by anyone involved in the case, either.

"I repeat my request for any individual who feels unsafe at work or when visiting to contact me or the general manager. Any further action requires a complaint," he said.

• February, 2018: A Labour staffer - employed by Parliamentary Service - allegedly sexually assaults a 19-year-old Labour volunteer after a meeting at his house, according to The Spinoff.

• March, 2018: Complaints emerge about Labour's handling of assault allegations at a Young Labour summer camp earlier in the year and the party launches a review.

• April, 2018: Spurred by the review, the volunteer emails the lawyer leading a probe into the camp incident, Maria Berryman, alleging a "lower-level" 2017 incident involving the staffer but is told the review is looking in the camp issues first.

• August, 2018: The volunteer meets with Labour Party president Nigel Haworth and tells him about the sexual assault, Stuff reports.

• February, 2019: Labour's NZ Council orders an investigation into the complaints about the staffer from the volunteer and six other people.

• March, 2019: The volunteer and the other complainants testify and, according to the Spinoff, the volunteer describes the alleged sexual assault.

• July, 2019: The review emails the complainants telling them no disciplinary action will be taken.

• July 12, 2019: Email from a third party sent to journalists raising concern for the complainants.

• August 5: Reports emerge about allegations of "bullying, sexual harassment and sexual assault", and resignations from the party. Media are told the matters looked into do not involve sexual assaults.

• August 15: The party announces it will let the complainants appeal.

• September 9: A graphic description of an alleged sexual assault by the volunteer is published by The Spinoff.

• September 10: In a statement, a lawyer for the staff says the allegations are without foundation.

#672 User is offline   hukildaspida 

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Posted 10 September 2019 - 03:00 PM


Exclusive: Team leaders at Aviation Security Services accused of allowing people to board flights with illegal items

Exclusive: Team leaders at Aviation Security Services accused of allowing people to board flights with illegal items
Michael Morrah


Credits: Getty Images.

Newshub can reveal that the Civil Aviation Authority boss has ordered a QC to investigate serious allegations of bullying, harassment and ineffective leadership at the Aviation Security Service.

Graeme Harris, the CAA's chief executive, has been approached by "multiple staff" who have made specific allegations against people, "predominantly in leadership roles".

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Most allegations relate to Aviation Security's Wellington operation and the Explosive Detector Dog Unit.

Significantly, Harris says other allegations suggest "systemic and broad-ranging issues" including "a culture of fear" where people are scared "they will be targeted" if they speak up.

In an email to staff obtained by Newshub, Harris says he's appointed QC David Laurenson to investigate the "serious" allegations.

They include:

Bullying and inappropriate behaviour mainly by people who hold top positions
Alleged ineffective leadership
Bias in appointment processes
Unethical procurement practices

If you have more information, email Michael Morrah confidentially at [email protected]

"We have been made aware by members that there are issues with bullying and other inappropriate behaviour within Avsec," says Glenn Barclay, Public Service Association general secretary.

The majority of specific allegations against leaders relate to the Detector Dog Unit, and Wellington's Aviation Security operation.

A former worker from the Wellington team, who made multiple complaints of bullying and harassment, says it has been ignored for years.

"It is absolutely being spearheaded by team leaders - they will pick on individuals that raise concerns because they're pegged as problem children," says the former Acsec officer.

Harris' email states that other allegations suggest "systemic" problems, including a "culture of fear of coming forward".

The investigation will look at the working environment at airports across the country.

"The only thing that happens when you speak up is you start to get targeted," the former worker says.

"I've witnessed bullying, I've witnessed inappropriate touching, I've seen people not following procedure."

When it comes to not following procedures, the allegations are serious - like allowing passengers to carry illegal items like knives with a blade longer than 6cm on to flights, just so team leaders can avoid doing paperwork.

"I've witnessed team leaders allowing longer knives through the checkpoints, injurious substances, allowing dangerous goods that should not be going on planes," the former worker says.

The allegations of bullying, harassment and poor management mirror concerns raised by CAA whistleblowers as part of an earlier Newshub investigation.

They spoke of serious complaints being ignored, calling it "a culture of secrecy and cover-up".

The two Government agencies in charge of keeping kiwis safe in the skies are facing turbulence and serious scrutiny.

The Transport Minister has already ordered an independent investigation into the culture at the CAA.

Who exactly will be involved in the review of culture at CAA will be announced shortly, but the Minister has told Newshub today it will include a barrister and a consulting firm.

The new investigation into the Aviation headed by QC David Laurenson is separate, and Laurenson will report directly to Graeme Harris.

Asked about claims of dangerous goods being allowed on planes, the CAA would not comment except to say "any allegations involving breaches of security standards would certainly be within the scope of the investigation".

AVSEC general Manager, Mark Wheeler, told Newshub he's "committed to providing a positive work environment... where people can raise concerns in a safe and supported manner".


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