8 June 2022
Chuck Schooner
[FYI request #19169 email]
Tēnā koe Chuck
Thank you for your email of 19 April 2022 to the Ministry of Education requesting the
following information:
1. How does the Ministry of Justice / Ministry of Education define "Grooming" - please
provide any and all documents, resources detailing the differentiation between
Grooming and the teaching of some of the topics relating to RSE namely
pornography, masturbation, sexual identity and gender identify.
2. Subject to the definition of grooming what is the complaints process required to the
public upon knowing that their children are being taught this disgusting curriculum
3. What is the Ministry of Educations policy on identifying teachers that are actively
grooming students versus teachers that aren't grooming children - how is this
differentiated between by the Ministry of Education
4. The RSE material states that pornography should be taught to pre-pubescent
students - please provide any and all legal documentation confirming that this isn't a
crime teaching students about this subject at the ages of 9-11 - for example students
are restricted from watching this material yet the Ministry of Education is actively
promoting this - if this is in schools then why is the Ministry of Education excluded
from similar standards in the broadcasting industry where R18 material would fit this
criteria
5. If you make throwaway comment in a workplace then this can be misconstrued as
sexual harassment - given the students aren't as developed as adults above the age
of 18 then how can children reasonably be expected to make a complaint if they are
unknowingly being sexually exploited
6. Given the students have access to devices on public school premises - what are the
punishments for students if they are to broadcast, promote or send any videos to
other students etc
7. If students aren't able to share illicit material then how does the Ministry of Education
justify educators etc being able to share, teach this material
8. Please provide all the NGO's that have been consulted on this curriculum - can you
also provide individual costs paid to date, any companies being retained to provide
advice - ultimately list all external consultants and fees to date and ongoing in
promoting this filth
OIA: 1286227
National Office, Mātauranga House, 33 Bowen Street, Wellington 6011
PO Box 1666, Wellington 6140. Phone: +64 4 463 8000 Fax: +64 4 463 8001
education.govt.nz
9. Please provide and and all measurable outcomes both positive and negative and
how is MOE measuring these - for example if in 12 months sexual assaults, activity in
schools has gone up then who can be held accountable
10. Please provide the "vetting" process for external consultants - ie what background
checks are completed to determine if external consultants are predators
11. Please provide any and all "Legal Documentation" that was completed by the MOE
with regard to promoting this filth to our most innocent - if no legal documentation
was completed then why not?
Your request has been considered under the Official Information Act 1982 (the Act), and the
individual questions addressed in order below.
1. How does the Ministry of Justice / Ministry of Education define "Grooming" -
please provide any and all documents, resources detailing the differentiation
between Grooming and the teaching of some of the topics relating to RSE namely
pornography, masturbation, sexual identity and gender identify?
I am refusing this part of your request under section 18(e) of the Act, as this information
relates to the Ministry of Justice and falls within The Crimes Act: Crimes Act 1961 No 43 (as at
28 September 2017), Public Act 131B Meeting young person following sexual grooming, etc – New
Zealand Legislation
We would recommend approaching the Ministry of Justice directly if you are seeking a
response from them directly on this subject.
2. Subject to the definition of grooming what is the complaints process required to
the public upon knowing that their children are being taught this disgusting
curriculum
The Ministry has set out considerations for planning and teaching RSE within our recently
released suite of resources in a safe and appropriate way. These instructions include
specific considerations for teaching sensitive topics, and include information about what
should and shouldn’t be addressed in RSE teaching.
It is a legislative requirement for every school to consult with their community on how and
what will be taught within their relationships and sexuality education component of health
education. This ensures that a wide range of community opinions and voices are heard,
including teachers and young people themselves.
Parents and caregivers can request that their young person is withdrawn from part or all of
relationships and sexuality education teaching and learning by writing to the principal.
Additional information about this legislation can be found within the Education and Training
Act 2020 at: https://www.legislation.govt.nz/act/public/2020/0038/latest/LMS170676.html
I am refusing this part of your request under section 18(d) of the Act, as the information
about making a complaint to a school is publicly available and can be found at the following
link: https://www.education.govt.nz/our-work/contact-us/complaints/.
3. What is the Ministry of Educations policy on identifying teachers that are actively
grooming students versus teachers that aren't grooming children - how is this
differentiated between by the Ministry of Education?
education.govt.nz
Each school board is required to have up to date health and safety policies and procedures
that help them to provide a safe, physical, and emotional environment for their students.
All children’s workers must be safety checked before they start work and every three years.
The safety check includes a police vetting process and an assessment to determine whether
the person poses a risk to children.
In addition, where there are conduct or competence concerns about a registered teacher, a
complaint should be taken to the Teaching Council. See: Reporting a concern :: Teaching
Council of Aotearoa New Zealand.
By law, schools and kura are required to have a Child Protection Policy that supports a
strong culture of child protection. The Children’s Act 2014 requires comprehensive measures
to protect and improve the wellbeing of children. As part of its review of all schools, the
Education Review Office checks that each school has a policy, and that it has been
successfully implemented.
Schools are required to act on such incidents if they occur. This will include reporting to the
Police and/or Oranga Tamariki where appropriate.
When the Ministry is made aware of concerns about student safety or wellbeing, we act. As
a first step, we will contact the school and offer support, including co-ordinating with other
agencies where needed.
4. The RSE material states that pornography should be taught to pre-pubescent
students - please provide any and all legal documentation confirming that this
isn't a crime teaching students about this subject at the ages of 9-11 - for example
students are restricted from watching this material yet the Ministry of Education is
actively promoting this - if this is in schools then why is the Ministry of Education
excluded from similar standards in the broadcasting industry where R18 material
would fit this criteria
The RSE materials do not state that pornography should be taught to pre-pubescent
students.
Pornography is referenced in the years 9-13
Relationships and Sexuality Education: a guide
for teachers, leaders and boards of trustees (2020), primarily to highlight the risks that come
from the increased presence of pornography online. It is also briefly mentioned in the key
learning at years 7 and 8 as one of many factors that students could consider when critically
analysing what influences relationships.
In response to the increased presence of pornography online, the Ministry and the
Classification Office have produced a resource for educators to have safe, non-judgemental
and open conversations about what young people might be seeing online. The research
behind this module can be found at: https://www.classificationoffice.govt.nz/resources/
research/.
Detailed support and guidance for teachers can be found within the module. This includes a
checklist to work through before teaching and learning can begin, including informing
parents and whānau about the content of the relationships and sexuality education
programme. There is also information about what not to do when teaching or having
discussions on pornography – for example, teaching and learning about pornography does
not discuss the specific content of pornography videos, and does not involve teachers or
ākonga sharing information about their viewing of pornography.
education.govt.nz
The Ministry is not promoting the use of pornographic material.
5. If you make throwaway comment in a workplace then this can be misconstrued as
sexual harassment - given the students aren't as developed as adults above the
age of 18 then how can children reasonably be expected to make a complaint if
they are unknowingly being sexually exploited
Comprehensive Relationships and Sexuality Education gives students an understanding of
what is appropriate and not appropriate when it comes to friendships and relationships,
including intimate ones. When delivered holistically, Relationships and Sexuality Education
does not increase sexual activity, sexual risk-taking behaviour or STI/HIV infection rates.1 It
gives young people an understanding, and the tools they need to raise concerns about their
own behaviour and the behaviour of others.
6. Given the students have access to devices on public school premises - what are
the punishments for students if they are to broadcast, promote or send any videos
to other students etc
This process, as with any disciplinary action, is managed individually by schools according to
their policies and procedures.
7. If students aren't able to share illicit material then how does the Ministry of
Education justify educators etc being able to share, teach this material
As outlined in the response to question 4, the pornography educator module has been
created for educators and whānau, and provides learning on an issue that impacts their
young people. Schools are not sharing pornographic material or teaching about the content
of pornographic material.
8. Please provide all the NGO's that have been consulted on this curriculum - can
you also provide individual costs paid to date, any companies being retained to
provide advice - ultimately list all external consultants and fees to date and
ongoing in promoting this filth
This is not a new curriculum. These are optional resources that link to
The New Zealand
Curriculum (2007), and have been developed to align with the Child, Youth and Wellbeing
Strategy, the cross-government initiative Healthy Active Learning, the objectives of the
cross-government Pornography Working Party (PWP) and in response to the Education
Review Office report “Promoting Wellbeing Through Sexuality Education”.
The following organisations have been consulted on this curriculum with their total amounts
paid to date. None of these organisations have been retained to provide further advice on
Relationships and Sexuality Education (2020)
.
Resource Title
Total Contract
Effective practice showcase videos for RSE – University of
$30,000.00
Canterbury
InsideOUT collection - InsideOut
$47,680.41
1 https://www.jahonline.org/article/S1054-139X(20)30456-0/fulltext#:~:text=the%20final%20review.-
,Results,learning%2C%20and%20increased%20media%20literacy.
education.govt.nz
Resource Title
Total Contract
Ka huri i te kōrero – Pornography module – Classification
$129,160.00
Office, University of Canterbury
Te Ira Tangata – Te Whariki Takapou
$31,595.00
Educator resource – University of Canterbury
$220,000.00
Waiwhero by Ngāhuia Murphy (author)
$320,830.00
Grand Total
$779,265.41
9. Please provide and all measurable outcomes both positive and negative and how
is MOE measuring these - for example if in 12 months sexual assaults, activity in
schools has gone up then who can be held accountable
The Ministry does not gather data on sexual assaults in a centralised format so I am refusing
this part of your request under section 18(e) of the Act as this information does not exist.
Schools manage their own complaints process unless escalated to the Ministry of Education
for support.
Teaching and learning outcomes will be measured through the Curriculum Leads initiative,
providing feedback around the use of the resources, which may result in future refreshes or
additions to the resources.
10. Please provide the "vetting" process for external consultants - i.e. what
background checks are completed to determine if external consultants are
predators
Providers involved in developing our various resources adhere to panel or external party
requirements including the Children’s Act 2014. The Ministry undertakes its own due
diligence when entering into contractual agreements with providers, and includes
confirmation that they have a robust vulnerable children’s policy, as well as adherence to
health and safety requirements.
11. Please provide any and all "Legal Documentation" that was completed by the MOE
with regard to promoting this filth to our most innocent - if no legal documentation
was completed then why not?
I am refusing this part of your request under section 18(e) of the Act, as this information
does not exist. There was no legal documentation completed by the Ministry, as this material
did not require it for the reasons stated above. It is a function of the Ministry to work with the
sector and other agencies to develop and update curriculum materials as required.
12. To add to this can you also provide official MOE policy on
a. communications on any MOE approved devices for educators and MOE
staff - eg can MOE staff transmit via email/sms etc etc pornographic
material freely across official MOE channels?
b. if not why not and what are penalties, ramifications associated with
transmitting this material
c. please also provide official MOE code of conduct on sexual harassment
education.govt.nz
We have attached the following Ministry policies as
Appendix A to your response, which
includes actions that will be taken in the event that an employee breaches these policies.
Please note that teachers are employed by their schools, not by the Ministry:
Ministry of Education’s Appropriate Information and Communications (ICT) Use
Policy
Ministry of Education’s Code of Conduct
Ministry of Education’s Sexual Harassment Guidelines.
Please note, the Ministry now proactively publishes OIA responses on our website. As such,
we may publish this response on our website after five working days. Your name and contact
details will be removed.
Thank you again for your email. You have the right to ask an Ombudsman to review my
decision on your request, in accordance with section 28 of the Act. You can do this by writing
to [email address] or to Office of the Ombudsman, PO Box 10152,
Wellington 6143.
Nāku noa, nā
Pauline Cleaver
Associate Deputy Secretary
Te Mahau | Te Poutāhū (Curriculum Centre)
education.govt.nz
