2023_OIA087
Miss Cooper
[FYI request #22279 email]
Tēnā koe Miss Cooper
Thank you for your email 27 March 2023 in which you asked for information
about a comment I made. Your request has been treated in accordance with the
Official Information Act 1982 (the Act).
Your questions and my responses are as follows:
1. all information produced or received by you and your office that supports
the [statement].
Please refer to a copy of my public statement from 27 March 2023 which clarifies
the comments I made on 25 March 2023. This is attached as Appendix A.
In respect of the statistical evidence relating to violence in Aotearoa, the
information that I rely on as Minister is that which is publicly available and relied
on by a range of government agencies and sector organisations.
Statistics from the Ministry of Justice show that in 2022 90 percent of people
convicted of family violence offences were male (7,170 people). 35 percent of
people convicted were European. In 2022, 99 percent of people convicted of
sexual offences were male (782 people). 46 percent of people convicted were
European.
While the above data relates to those people convicted of family violence and
sexual violence offences, there are high rates of attrition through the criminal
justice system (ie not progressing to conviction) particularly in relation to reported
sexual violence victimisations (see
Ministry of Justice Attrition and Progression
report). I also wish to note that we know reported violence does not equate to the
prevalence of violence within our communities in Aotearoa. The NZ Crime and
Victims Survey shows that only 32% of family violence is reported to Police and
only 8% of sexual violence offences are reported to Police.
It is important to recognise the gaps in the data regarding the incidence of
violence, particularly for diverse communities. I consider the voices and expertise
of communities and sectors and the lived experience of victim-survivors to be
critical evidence alongside population and administrative data. Te Aorerekura –
the National Strategy for the Elimination of Family Violence and Sexual Violence
– seeks to address these gaps by creating a learning and monitoring system
under Actions 38 and 39 of the first Action Plan.
For more information regarding information on population data and the gendered
nature of violence and impacts on diverse communities please refer to Appendix
B (attached).
2. all information and correspondence, including emails, text messages and
recollections of verbal conversations relating to the [statement], or relating
to Posie Parker/Kellie-Jay Keen-Minshull.
My attendance at the protest event in Albert Park on 25/03/2023 was arranged in
my capacity as the Co-Leader of the Green Party of Aotearoa. While I did not
attend in my capacity as the Minister for the Prevention of Family and Sexual
Violence, I acknowledge that when questioned by Counterspin I responded as
Minister.
The Act applies to information held by a Minister of the Crown in their official
capacity only. It does not include information held by a Minister in their private
capacity, in their capacity as an MP or in their capacity as a member of a political
party. To this end, I have focussed your request on information held by me in my
official capacity only.
All potential information and communications relevant to your request have been
collated as was practicable with a view to public release. These materials have
been reviewed in accordance with the Act. Please refer to the table attached as
Appendix C with a list of relevant information and my decisions regarding release.
Some information has been withheld in accordance with the Act under the
following grounds:
• Section 9(2)(a) of the Act which applies to "protect the privacy of natural
persons".
• Section 9(2)(ba)(i) of the Act which applies "where the making available of
the information would be likely to prejudice the supply of similar
information, or information from the same source, and it is in the public
interest that such information should continue to be supplied".
• Section 9(2)(g)(i) of the Act which applies to “maintain the effective
conduct of public affairs through the free and frank expression of opinions
by or between or to Ministers of the Crown or members of an organisation
or officers and employees of any public service agency or organisation in
the course of their duty”.
Finally, I want to take this opportunity to acknowledge and affirm those victim-
survivors and people who did not see their own experiences of violence reflected
in comments I made on Saturday, 25 March. As Minister for Prevention of Family
and Sexual Violence, and through
Te Aorerekura our National Strategy to
Eliminate Family and Sexual Violence, supporting victims of family and sexual
violence remains an utmost priority for me.
It is important we continue to talk about how people of all genders and
backgrounds can be subjected to family violence or sexual violence. Every
victim-survivor deserves to have their experiences validated and have access to
the support they need. I want to assure you that I remain firmly focused on our
collective work towards an Aotearoa New Zealand where all people and families
can be safe, and live their lives free from violence.
You have the right under section 28(3) to seek an investigation and review by the
Ombudsman of this decision. Information about how to make a complaint is
available a
t www.ombudsman.parliament.nz or freephone on 0800 802 602.
Nāku noa, nā
Hon Marama Davidson
Minister for the Prevention of Family and Sexual Violence
Minita mō te Ārai i te Whakarekereke Whānau me te Koeretanga
Appendix A: Statement from Hon Marama Davidson Monday 27 March
2023.
On Saturday morning, I was hit by a motorcyclist who struck me at a pedestrian
crossing. The person who hit me was part of a convoy of motorcyclists.
A short time after the incident, I was confronted by a representative from the far-
right and conspiracy theory website Counterspin who was filming me walking
down the road before accosting me with inflammatory questions. A clip of that
video is now circulating online and is being used to distract from a broader
conversation about the causes of violence in Aotearoa.
Still in shock, I was not as clear in my comments to the conspiracy theorists
Counterspin as I should have been.
Violence is unacceptable in any community and as the Minister responsible for
Aotearoa’s first ever plan to eliminate family violence and sexual violence, I am
committed to an Aotearoa where all people are safe and can live peaceful lives.
My top priority is to support, protect and believe all victims and survivors of
violence.
Women are overwhelmingly more likely to be victims of family violence and
sexual violence at the hands of men. It is also important to acknowledge the
disproportionate impact violence has on our rainbow whānau and diverse
communities.
I should have made clear in my comments that violence happens in every
community. My intention was to affirm that trans people are deserving of support
and to keep the focus on the fact that men are the main perpetrators of violence.
I will continue to stand with my trans and non-binary whānau and support action
to ensure that everyone can live their lives without fear of hate or discrimination.
I will not be commenting further at this time.
Sourc
e: https://www.greens.org.nz/statement_from_marama_davidson
Appendix B – Further information on population data and gendered nature
of violence
Data tables | New Zealand Ministry of Justice
These data tables show specific offences and the outcome in the justice system.
For information on gender and ethnicity please refer to the data tables related to
specific offence types e.g:
• Homicide offences
• Sexual offences
• Family violence offences
• Offences related to family violence
• Violent Offences – e.g. Table 3b: Number and percentage of people
convicted of violent offences by gender, ethnicity and age group 2013 –
2022
New Zealand Crime & Victims Survey (NZCVS) | New Zealand Ministry of Justice
This survey collects information each year from 8,000 New Zealanders from all
walks of life. Not all crimes are reported to the Police, so this survey is intended
to provide a clearer picture of victimisation in New Zealand.
Of particular relevance, given the focus of the protest event, the Crime and
Victims Survey shows that LGBTQIA+ people experience higher levels of
violence than other New Zealanders. 68% of bisexual adults will experience
interpersonal sexual violence compared with the national average of 29%.
Family Violence Death Review Committee 6th Report
The
Family Violence Death Committee’s sixth report “Men who use violence |
Ngā tāne ka whakamahi i te whakarekereke” provides an analysis on intimate
partner violence deaths between 2009-2027 and related gender and ethnicity
data.
The Report states that from 2009 to 2017, 230 deaths resulting from family
violence were recorded in Aotearoa, with intimate partner violence the single
largest contributor. Among the 102 deaths resulting from intimate partner
violence:
• 76% of offenders were men
• 71% of those killed were women.
Police Homicide Victims Report 2020
Police Statistics on Homicide Victims in New Zealand 2007-2019 provides a
summary of statistics about Victims of Murder, Manslaughter and Infanticide.
The Report notes that around 16% of homicides were committed by current or
ex-partners, and of these 74% of victims were female.
National Youth Health and Wellbeing Survey 2021
The National Youth Health and Wellbeing Survey 2021 ‘What about me?’ notes
that rangatahi Māori, females, rainbow and disabled young people all experience
higher rates of harm and have fewer protective factors.
It provides ethnic breakdowns in relation to experiences of harm at home and
unwanted sexual contact.
The following resources provide more analysis and discussion on the gendered
nature of violence and the impacts of violence on diverse communities.
•
Te Aorerekura – The National Strategy to Eliminate Family Violence and
Sexual Violence. Pages 10-13 of the strategy provide a summary of
family violence and sexual violence in Aotearoa New Zealand, how family
violence and sexual violence are about power, and how gender inequities
shape family violence and sexual violence.
•
Family Violence Capability Frameworks – these frameworks provide
information that offers a shared understanding of family violence and sets
standards and essential knowledge to guide and support people and
organisations to respond to family violence in safe and effective ways.
Pages 16-38 of both frameworks address the gendered nature of family
violence and impacts on diverse communities.
•
Te Puna Aonui analysis papers from communities – these papers
summarise what government heard from key groups in the family and
sexual violence system during engagement to develop Te Aorerekura.
They draw on some existing evidence that highlights the prevalence and
different dynamics of violence each of these groups experience.
Appendix C
Description of
Decision/Information
information
Communications
1. Phone call: Hon Davidson’s Chief of Staff to
between my office and
PM’s Chief Press Secretary, 12.56pm, 25
the Prime Minister’s
March 2023.
Office from 25 March
Recollection of conversation: informed PM’s
2023. These
Chief Press Secretary of an incident with a
communications are in
motorcycle (
the incident) and intention to
scope as they took
release a Green Party statement to media.
place by virtue of my
PM’s Chief Press Secretary offered to inform
position as a Minister of
the Crown and discuss
the PM and PM’s Chief of Staff.
an incident which took
place at the event
2. Phone call: Hon Davidson’s Chief of Staff to
related to Kellie-Jay
PM’s Chief Press Secretary, 1.49pm, 25
Keen-Minshull’s visit to
March 2023.
New Zealand.
Recollection of conversation: discussed draft
statement about the incident.
3. PM’s Chief of Staff to Hon Davidson’s Chief
of Staff, 1.58pm, 25 March 2023.
Recollection of conversation: Noted that the
PM had been informed of the incident. Hon
Davidson’s Chief of Staff provided a status
update regarding Minister Davidson’s
personal wellbeing.
4. Emails: Hon Davidson’s Chief of Staff and
PM’s Office, 25 March 2023.
Email forwarding the Green Party statement
regarding the incident. Please see the
attached document. Some information
withheld under section 9(2)(a) of the Act.
5. Text messages: Hon Davidson’s Chief of
Staff and PM’s Chief Press Secretary, 25
March 2023.
Text messages regarding draft statement
about the incident and regarding Minister
Davidson’s personal wellbeing. Withheld
under sections 9(2)(a) and 9(2)(g)(i) of the
Act.
6. Text messages: Hon Davidson’s Chief of
Staff and PM’s Chief of Staff, 25 March 2023.
Text messages regarding Minister
Davidson’s personal wellbeing. Messages
withheld under section 9(2)(a) of the Act.
Communications
1. Phone call: Hon Davidson’s Director of
between my office and
Communications to the PM’s Chief Press
the Prime Minister’s
Secretary, 12.06pm, 27 March 2023
Office regarding the
Recollection of conversation: informed PM’s
[statement] from 27
Chief Press Secretary of plan to issue a
March 2023.
statement clarifying Minister Davidson’s
comments. Discussed what the PM planned
to say about Minister Davidson’s comments.
2. Phone call: PM’s Chief Press Secretary to
Hon Davidson’s Director of Communications,
12.19pm, 27 March 2023
Recollection of conversation: PM’s Chief
Press Secretary informed Director of
Communications that the PM would comment
at post-Cabinet press conference that
afternoon.
3. Text messages: PM’s Chief Press Secretary
and Hon Davidson’s Director of
Communications, 27 March 2023
Text messages regarding the statement
clarifying Minister Davidson’s comments.
Please see the attached document. Some
information withheld under section 9(2)(g)(i).
Correspondence
I received 4 emails raising concerns regarding
received in my
Kellie-Jay Keen-Minshull and her proposed visit to
Ministerial capacity from New Zealand.
members of the public
regarding Kellie-Jay
I withhold this correspondence under sections
Keen-Minshull’s
9(2)(a) and 9(2)(ba)(i) of the Act. It is important that
planned visit to New
members of the public feel they can contact me as
Zealand.
Minister in confidence to raise their concerns. This
is particularly important noting the nature of the
concerns often raised to me as the Minister for the
Prevention of Family and Sexual Violence. In my
view there is not sufficient public interest in the
information included in the correspondence received
regarding Kellie-Jay Keen-Minshull’s planned visit to
New Zealand to justify the provision of that
correspondence.
For completeness, I note that I responded to two of
these emails (one on 29 March 2023 and the other
on 5 April 2023) outlining the following:
• that I am unable to become involved in
agency operational matters and therefore
was not able to intervene in the visa approval
process for Kellie-Jay Keen-Minshull,
• my support for the trans and Rainbow
communities,
• acknowledgement of the disproportionate
impact of violence on Rainbow communities,
and
• progress being made under Te Aorerekura.
Correspondence
I received a large volume of messages from the
received from members
public via email, as physical letters and over social
of the public in my
media regarding the [statement]. These messages
Ministerial capacity
broadly either raised concerns with or questions
regarding the
about my [statement], offered me support following
[statement].
the incidents of the weekend and/or were
threatening in nature.
For similar reasons as outlined in the row above, I
withhold this correspondence under sections 9(2)(a)
and 9(2)(ba)(i) of the Act. It is important to protect
members of the public’s ability to contact me in
confidence and I take the view after having
reviewed the correspondence that there is not
sufficient public interest in the information included
in the correspondence received to justify its
provision.
For completeness, I have responded to, and plan to
respond to, some of this correspondence. My
responses have and will primarily refer people to my
publicly clarified comments, offer additional
information regarding progress under Te Aorerekura
and where appropriate direct people to support
services for survivors and victims.
Communications
I refer you to my public statement which is attached
between myself, my
as Appendix A, m
y Facebook post of 27 March
office and broader
2023 and
my comments in the House of
Green Party colleagues
Representatives at Question Time on 28 March
regarding my
2023.
[statement] and
development of the
subsequent public
In the development of these public statements there
clarification
were a number of communications between myself,
members of my office and my broader Green Party
colleagues. These communications occurred across
several different mediums including emails, text
messages and in person discussions. The focus on
these communications was on my recovery and
developing a public statement to clarify my remarks.
Having reviewed these communications I withhold
them under sections 9(2)(a) and 9(2)(g)(i) of the Act.
Meeting with Te Puna
At the beginning of a regular weekly meeting with
Aonui Officials on
Officials I raised the events of the weekend of 25
Monday 27 March 2023
March 2023.
via Zoom
Recollection of the meeting: I noted that in making
my [statement] I did not use the words I would
usually use when addressing issues regarding the
gendered nature of violence and the impact of
violence on diverse communities.
From:
Section 9(2)(a) - PMO Staffer
To:
^Parliament: Robin Campbell
Subject:
RE: Green Party statement on events at Auckland protest
Date:
Monday, 3 April 2023 3:10:52 pm
Thanks Robin, stay in touch
Sent with BlackBerry Work
(www.blackberry.com)
From: Robin Campbell <s 9(2)(a)
Date: Saturday, 25 Mar 2023 at 2:02 PM
To: PMOmedia <[email address]>, Andrew Campbell
Section 9(2)(a) - PMO Staffer
Subject: FW: Green Party statement on events at Auckland protest
FYI
From: Robin Campbell
Sent: Saturday, 25 March 2023 2:01 PM
To: Robin Campbell s 9(2)(a)
Subject: Green Party statement on events at Auckland protest
Statement from Green Party Co-leader James Shaw:
The Green Party stands with our trans and non-binary whānau. Aotearoa should be a place
where everyone can live their lives without fear of hate or discrimination.
Following a public rally in support of trans and non-binary human rights in Tāmaki
Makaurau Auckland today, Green Party Co-leader Marama Davidson has reported an
incident to Police. It appears a motorcyclist failed to stop at a pedestrian crossing and
Marama was knocked to the ground.
The incident has been reported to Police and Marama is seeing a doctor. Until Police have
confirmed their next steps, we will not be making further comment.
The Green Party’s commitment to non-violence is at the heart of our founding values. This
news is upsetting and we are asking people to show care and love.
We ask everyone to give Marama and her whānau some space and time to process what
has happened.
ENDS
