1989 – New Zealand’s education reform established ‘Tomorrow’s Schools’ where each of New Zealand’s 2,700 schools is governed by an elected Board of Trustees, representative of the local community. Each school develops a local curriculum based on the government’s New Zealand Curriculum, a statement of official policy related to teaching and learning. The plan gave each school more autonomous decision-making, but in doing so also increased each school’s responsibilities and workload.
1997 – The 1997-1999 Government Strategy and Education for the 21st Century plan was launched, providing New Zealand with a guide for integrating technology into education.
2005 – Developed by several government departments, the National Digital Strategy 2005 focused on creating a digital future for the whole population, using ICT to enhance all aspects of life. The strategy’s educational goal was to improve learner achievement in a networked education sector, raising students’ achievements through a flexible, fully connected system with accessible and relevant learning opportunities.
This was also outlined in the Ministry of Education’s ICT Strategic Framework for Education 2006-2007. In addition to the high-speed Internet access envisioned for all educational organizations, the plan also aimed to educate all learners, teachers and administrators on using ICT tools and services efficiently.
2006 – Enabling the 21st Century Learner: e-learning Action Plan for Schools 2006-2010 was a plan describing the goals, tools, projects, resources and actions for electronic learning in schools. The plan proposed providing teachers with information about effective e-learning practices, and how to use the ICT infrastructure to disperse this information among colleagues. Teacher training was a key element of the plan, as the Ministry of Education believed that effective learning depends on the educator’s abilities. The plan supported students in becoming proficient in ICT literacy, promoting e-learning across the curriculum.
2007 – New Zealand set new Digital Technology Guidelines as part of a project that ran through 2010. DTG aimed to develop students’ knowledge and skills with digital technologies so that they can respond to societal changes.
The same year, it released a digital content strategy. The plan set goals to make New Zealand visible and relevant in the digital world by creating a content-rich digital country.
2008 – Digital Strategy 2.0 was published, responding to the interactive ICT environment, and promising high-speed broadband for New Zealand and concrete actions to help the country become a leader in the digital world. A major initiative of the strategy is the Broadband Investment Fund, which was funded by an investment of $340 million through 2011. The Fund, part of the $500 million investment the government committed to improving broadband infrastructure, aims to supply affordable broadband based on competitive open-access principles. Digital Strategy 2.0 also recognizes the need to equip the population with ICT skills and digital literacy to allow them to participate fully in the digital world. All students should leave school digitally literate through appropriate early childhood, primary and secondary curricula.
2010 – The Ministry of Education ran an ICT professional development Program from 2010 to 2012, which focused on schools’ ability to enable teachers to take full advantage of ICT developments. Schools could apply for up to $120,000 for each of the three years of the program. The program was intended to integrate ICT into the curriculum, increase electronic learning and ICT planning abilities of teachers, and improve understanding of the contributions ICT use could make to the learning process.
Also in 2010, the National Library began its 2010-2015 Digitisation Strategy. The plan aimed to create digital copies of heritage objects, preserving them and allowing for universal access.
2012 – The New Zealand Police released a review of its Youth Education Services (YES) program, which was designed to foster police partnerships with communities to prevent crime and enhance public safety. The report found that YES lacked the ability to be fully effective in educating and improving the lives of children and young people, while simultaneously meeting the goal of reducing crime.
2013 – The Education Amendment Act 2013 was passed, establishing the legal framework for introducing a new type of school. The act also safeguards students, supports early childhood education, clarifies the purpose of school boards of trustees, and makes other changes.
The country also began its Government ICT Strategy and Action Plan, to continue through 2017. The plan sets the following goals: services are digital by default, information is managed as an asset, investment and capability are shared, and leadership collaboratively sets expectations.
2014 – The National Library began its 2014-2017 Digitisation Strategy. The plan includes building online digital collections, ensuring long-term access to content, connecting New Zealanders to online content, and enhancing data quality, among other goals.
The same year, the Accident Compensation Corporation implemented its Mates & Dates program in secondary schools. The program promotes healthy relationships and is designed to prevent sexual and dating violence through education. It also includes guidelines for respectful friendships and familial relationships.
2015 – The Ministry of Education published a guide on bullying prevention and response. The guide is research-driven and covers creating safe school environments, understanding bullying, bullying policies and processes, and responding to bullying.
MOE also updated its sexuality education curriculum guidelines. The new guidelines incorporate information about online behavior and content, and sexual violence.
2016 – The School Network Upgrade Project, which delivered high-speed internet access to 2,431 New Zealand schools, was completed. The project lasted 11 years, and ICT upgrades were subsidized by the government.
This program aims to help police work with young people to prevent crime and victimisation, by providing an integrated and proactive youth service.
Child, Youth and Family
A service of the Ministry of Social Development, this organization aims to keep children and youth safe, provides them with social services, and informs them of their rights. It provides information geared toward kids, teens, parents and caregivers.
The Consumer Protection team works within the Ministry of Business, Innovation and Employment to build a consumer “community of interest,” and provide information on consumer issues and information. This includes information on online fraud and scams for consumers and businesses.
This NetSafe project is dedicated to cyberbullying and contains advice and information for parents, children and teachers. Details about cyberbullying and suggestions how to deal with the issue are available.
Department of Internal Affairs
This department oversees the enforcement of the Films, Videos and Publications Classifications Act. It investigates online distribution of child pornography and works internationally to prosecute offenders. Its website also provides information for adults and children on online safety.
This is the Ministry of Education’s portal of digital content and tools, available for all teachers and students to support learning across the curriculum, from early childhood through to senior secondary.
Down the Back of the Chair
This website is the Ministry of Education’s catalogue of teaching and learning resources for schools.
ECPAT Child Alert
ECPAT Child Alert in New Zealand is part of the ECPAT International network of agencies committed to preventing the sexual exploitation of children. ECPAT Child Alert has a Hotline service for reporting websites suspected of containing illegal child sex abuse images, and works closely with the government and other agencies to protect children from sexual abuse in any form.
This website provides information on the entire New Zealand education system. This includes demographic information, details on the country’s educational institutions, e-learning research and resources, and data on school achievement.
This resource supports teachers in using digital content, software and other e-learning tools for digital literacy education, and is supplied by the Ministry of Education.
Hector’s World® is a free online digital citizenship learning resource for young children (aged 2 to 9 years). The Hector’s World website promotes the skills and values they need to grow into confident, knowledgeable and caring members of the online community - the “building blocks” of digital citizenship. Children can learn as they play, at home or in the classroom, developing practical strategies for situations involving online privacy, cyberbullying, computer security and more.
Internet New Zealand Inc (InternetNZ)
InternetNZ is New Zealand’s leading Internet advocacy organization, providing independent expertise on a range of Internet policy and technical issues. It is involved in online safety, privacy and security initiatives as part of its mission to protect and promote the Internet. These include Internet safety-related aspects of the review of New Zealand’s Privacy Act, anti-spam, and Internet security research.
INTERPOL is the world’s largest international police organization, with 190 member countries. Its mission is to enable police forces to collaborate globally to fight crime in the Internet age. Three areas of focus are crimes against children (with a focus on internet crimes and travelling sex offenders), cybercrime and human trafficking.
This website provides teachers with information and resources for teaching media literacy.
NetSafe’s Learn Guide Project website supports schools in creating a safe online environment and promoting digital citizenship. The site includes content on cyberbullying, digital citizenship and social networking.
An initiative by NetSafe, this site shows how animated characters deal with dangerous downloads, staying safe online, password protection and other issues. After the videos, online guides provide further information.
An online safety organisation that is committed to supporting New Zealanders to become safe, responsible and confident internet users without compromising their ability to benefit from opportunities online.
NetSafe provides information on cybersafety, privacy, digital citizenry, cyberbullying, pornography and scams, among other topics. There are specific services and resources for young people and their families. NetSafe provides comprehensive resources to schools and a portal to report online incidents.
New Zealand Council for Educational Research (NZCER)
NZCER is an independent educational research organization. It conducts research on the state of education in New Zealand, including the incorporation of ICT.
New Zealand Police
New Zealand’s law enforcement agency provides safety tips and reporting information for children’s online safety concerns. It makes recommendations for parents and gives information on the Online Child Exploitation Across New Zealand (OCEANZ) team, which works in tandem with the Virtual Global Taskforce (VGT) to protect children from online abuse.
Office of the Privacy Commissioner
This office focuses on individual privacy, monitoring the impact of technology on privacy, developing codes of practice for specific industries, and examining legislation in this area, among other tasks. The office’s website provides specialized information on youth privacy and online safety.
Positive Behaviour for Learning (PB4L)
PB4L provides programs to help parents, teachers, early childhood centres and schools promote positive behaviour, deter bullying, improve children’s well-being and boost educational achievement.
Techlink is a site dedicated to technology teachers, students, and others interested in technology education. The site showcases examples of contemporary teaching and learning in technology and provides curriculum support for teachers in their ongoing planning and implementation of classroom programs.
Technology Education New Zealand (TENZ)
TENZ is a professional network to promote technology education in New Zealand, specifically geared toward teachers and those working in the technology sector with an interest in education.
This website aims to improve technology education in New Zealand by showcasing best practices for teaching and learning, and providing curriculum support materials.
Te Kete Ipurangi – The Knowledge Basket
New Zealand’s bilingual education portal is an initiative of the Ministry of Education, launched in 1998 after the country’s first ICT strategy for schools was developed. Teachers and students have access to a range of information, curriculum materials and resources.
Virtual Global Taskforce (VGT)
This international partnership was formed in 2003 by law enforcement agencies, NGOs and industry leaders. It aims to protect children from online sexual abuse, with the objectives of making the Internet safer, locating and helping at-risk children and holding perpetrators to account.
Watchdog is New Zealand’s first ISP providing filtered Internet access for schools, families and businesses. Their school service CampusNet provides schools with free Internet and email filtering in addition to a firewall.
This website is managed by NZCER and was commissioned by the Ministry of Education to engage the country’s school system in a self-review process. The site has two toolkits for schools to use: the [email protected] program focusing on deterring bullying, and the Inclusive Practices Tools program focusing on the extent to which school practices are inclusive of all students.
Responses to Cyberbullying and the Criminalization of Youth in New Zealand (2016)C. Keen
This paper evaluates recent legislation in New Zealand meant to address a range of perceived social problems that have come to be categorized as cyberbullying, and which is considered to be a new form of youth deviancy enabled by the internet.
Global Research Project: A Global Landscape of Hotlines Combating Child Sexual Abuse Material on the Internet and an Assessment of Shared Challenges (2015)Melissa Stroebe, Stacy Jeleniewski, PhD
This report examines hotlines combating Internet-facilitated Child Sexual Abuse Material.
New Zealand Adult Internet Child Pornography Offenders (2015)M. Price, I. Lambie, A.M. Krynen
The study found that child pornography offenders in New Zealand were primarily male, European, unemployed, single or divorced/separated and had few friends.
Raising Literacy Levels Using Digital Learning: A Design-based Approach in New Zealand (2015)R. Jessona, S. McNaughtona, A. Wilsona
This paper reports on a program that provided digital devices and applications in seven New Zealand schools with the goal of raising literacy levels.
Child sexual exploitation: a study of international comparisons (2015)Cameron, G., Sayer, E. M., Thomson, L., and Wilson, S
The report focuses on the issue of Child Sexual Exploitation (CSE) in high income countries, including Sweden, Ireland, Australia, Canada, New Zealand and the USA.
Child Sexual Explitation: A study of International Comparison (2015)The Virtual Staff College
This report presents a rapid desk review of international comparisons of CSE.
INFORMATION AND COMMUNICATION TECHNOLOGY (ICT) IN EDUCATION IN ASIA (2014)UNESCO,UNESCO Institute of Statistics
A comparative analysis of ICT integration and e-readiness in schools across Asia
Navigating New Zealand’s Digital Future: Coding Our Way to Privacy in the Age of Analytics (2014)M. Turnball
This dissertation addresses how New Zealand’s data stewardship should be governed, and proposes how personal data management could benefit from clear national guidelines.
Adolescent Cyberbullying in New Zealand and the Implications of Parenting Styles (2014)R.V. Carson
The aim of this study was to examine cyberbullying and risk taking behaviours in adolescents, and their relation to parenting styles.
Should I Tell on My Peers?: Student Experiences and Perceptions of Cyberbullying (2013)G.M. Harrison
This study, based on survey data, provides an overview of student responses to a survey regarding cyberbullying, and explores the reasons students are often reluctant to report victimisation to adults.
Secondary Schools in 2012 (2013)C. Wylie
This report contains the main findings from NZCER's 2012 national survey of secondary schools.
Review of the New Zealand Police Youth Education Service Programmes (2012)B. Haitana
This paper concludes that YES has an important role in creating the understanding that Police is an integral part of New Zealand society, but identifies clear gaps in the ability of YES to be fully effective as an educational program for children.
Zooming in on Learning in the Digital Age: A Literature Review (2012)R. Bolstad, J. Gilbert
This literature review surveys some of the recent research, rhetoric, and common representations of the role and impact of digital technologies in the lives of young people, and the implications for teaching and learning in the 'digital age'.
The Protection of Children Online (2012)Kristina Irion
The report provides key findings and policy recommendations to keep children safe online as a follow up to the 2008 Seoul Ministerial Declaration on the Future of the Internet Economy.
Tracing International Differences in Online Learning Development: An Examination of Government Policies in New Zealand (2011)A. Powell, M. Barbour
This article describes three policy documents released by the New Zealand government over the past decade, and how the government's vision for e-learning has allowed increased development of primary and secondary online learning.
2010 Norton Online Family Report (2010)Symantec
Gaps in child activity and guardian awareness may present areas of vulnerability for children to come in contact with harm online. The researchers interviewed nearly 10,000 adults and children in 14 countries to understand children's online behavior and guardians' perceptions and understanding of that activity.
2010 Norton Online Family Report (2010)Norton by Symantec
The report reveals how children are spending more time online and have had more negative online experiences than parents realize. It highlights different approaches taken by families globally and uncovers the emotional impact of children’s negative online experiences.
Internet Traders of Child Pornography: Profiling Research (2009)C. Sullivan
This report provides an update to 2004 research on online child pornography offenders.
The Internet in New Zealand (2009)P. Smith, N. Smith, K. Sherman, I. Goodwin, C. Crothers, J. Billot, A. Bell
This is an update on the original 2007 report which took data from respondents ages 12 and older.
Tomorrow's Schools Today: New Zealand's Experiment 20 Years On (2009)M. Adams
This paper finds parallels between 1980s New Zealand and many states today, making recommendations for policymakers based on the successes and failures of the New Zealand experiment.
Towards a Deeper Understanding of Cell Phones in Schools: Aligning School Policy (2008)K. Fielden, P. Malcolm
This qualitative study of 12 New Zealand secondary schools focused on policy formation on the following topics: cell phone usage at school, mobile technology incorporated into learning, staff development, curriculum development and class management, and registration and enrollment.
Commercial Exploitation of Children in New Zealand (2008)ECPAT
This study investigated the extent and some of the characteristics of child prostitution in New Zealand, and was based on data from questionnaires.
International Comparisons 2008: Highlights from a New Zealand Perspective (2008)A. Bell, J. Billot, C. Crothers, I. Goodwin, K. Kripalani, K. Sherman, N. Smith, P. Smith
This report uses data from the 2007 (published 2008) final report on New Zealand and highlights the social, political and economic impact of the Internet within the country.
Seen and Heard: Children's Media Use, Exposure, and Response (2008)Colmar Brunton
This paper presents the findings of a survey of New Zealand children aged 6-13 years, and their primary caregivers.
New Zealand eGeneration Study (2005)J. Reddington
This study explores the way young people interact with the Internet and other new technology, their access and attitudes to these technologies. Parental involvement and their attitudes towards how their children are interacting with the Internet and media were also explored.
Exiting Commercial Sexual Activity (2004)M. Saphira, A. Herbert
This study explores the attempts of those involved in commercial sexual activities to leave the sex trade, among those who began commercial sex work before the age of 18.
The Involvement of Children in Commercial Sexual Activity (2004)M. Saphira, A. Herbert
This study explores the factors leading to the first involvement of a young person in underage prostitution.
Sexual Photographs Involving Young People (2004)M. Saphira, A. Herbert
This study explores how young people who are involved in commercial sexual activity may subsequently become involved in the making of erotica and pornography.
Internet Traders of Child Pornography and other Censorship Offenders in New Zealand (2004)A. Carr
This report profiles New Zealand censorship offenders and examines characteristics of their offenses.
Victimisation Among Those Involved In Underage Commercial Sexual Activity (2004)M. Saphira, A. Herbert
This study explores the incidence of violence and childhood sexual abuse among people who became involved in underage commercial sexual activity.
Meta-survey on the Use of Technologies in Education in Asia and the Pacific (2003)Glen Farrell, Cédric Wachholz
This study identifies and analyses the different practices in the use of ICTs in education in Asia and the Pacific. it discusses countries’ policies, challenges and successful ICT integration in the region.
Beyond the Fear of Cyber Strangers: Further Considerations for Domestic Online Safety (2002)N. Gaunt
This paper presents an overview of the benefits and risks of online interactions for youth. It discusses the psychosocial effects of online grooming practices and explores constructive solutions which foster protective learning experiences
This section contains details of the country’s laws as they relate to sexual offenses, children and the use of the Internet in the commission of criminal activity. Where possible, sentence details have been given, including whether an increased custodial penalty is imposed where the victim is a child.
The age of consent for sexual activity is 16, as defined by Section 134 of the country’s Crimes Act.
- Harmful Digital Communications Act of 2015. Under this act, the following are offenses: posting a digital communication with the intention to harm a victim, when the communication would harm an ordinary reasonable person in the position of the victim, or posting the communication causes harm to the victim. In determining the potential for harm, the court may consider the extremity of language used, the age of the victim, whether the communication was anonymous, whether the communication was repeated, the extent of the digital communication, whether the communication was true or false, and the context. Offenses under this section are punishable by up to two years’ imprisonment and/or a fine of up to $50,000. Procedures are in place for online content hosts to mitigate liability for the above offenses.
Section 9, Unsolicited Electronic Messages Act 2007. Unsolicited Commercial Electronic Messages Must Not be Sent. This section makes it an offense to send, or cause to be sent, an unsolicited commercial electronic message containing a New Zealand link. If a recipient of such a message uses an unsubscribe function, this is deemed as a withdrawal of his/her consent to receive commercial electronic messages within five business days. A person who contends that a recipient consented to receiving a commercial electronic message bears the onus of proof.
Section 13, Unsolicited Electronic Messages Act 2007. Restriction on Use of Address-Harvesting Software and Harvested-Address Lists. A person or organization may not use an address-harvesting software or harvested-address list in sending or intending to send unsolicited commercial electronic messages. Section 128, Crimes Act Amendment 2005. Sexual Violation Defined. Defines sexual violation as raping another person, or having unlawful sexual connection with another person, which means without the victim’s consent.
- Section 128A, Crimes Act Amendment 2005. Allowing Sexual Activity Does Not Amount to Consent in some Circumstances. States that a person does not necessarily consent to sexual activity just because he/she does not protest or offer physical resistance. A person does not consent to sexual activity if he/she allows it because of force, threat, or fear of application of force or threat; if he/she is unconscious, asleep, or affected by alcohol or other drug; if the act occurred while the victim is affected by an intellectual, mental or physical condition or impairment which makes him/her unable to consent or refuse to consent; if the victim is mistaken about the identity of the offender or the nature of the act. Section 128B, Crimes Act Amendment 2005. Sexual Violation. This section states that anyone who commits sexual violation is liable to imprisonment for up to 20 years.
- Section 129, Crimes Act Amendment 2005. Attempted Sexual Violation and Assault with Intent to Commit Sexual Violation. Imposes a penalty of imprisonment for a maximum of ten years for anyone who attempts to commit sexual violation or assaults another person with intent to commit sexual violation.
- Section 129A, Crimes Act Amendment 2005. Sexual Conduct with Consent Induced by Certain Threats. This section states that it is an offense to have sexual connection with another person, knowing that this person has been induced to consent by threat. The offense is punishable by imprisonment for up to 14 years. Committing an indecent act on a person, knowing that this person has been induced to consent by threat, is punishable by imprisonment for up to five years. For the purpose of this section, a person is deemed to know that the victim has been induced to consent if the offender knows that the victim has been induced by an expressed or implied threat of the following kind: a threat the person making the threat or another will commit an offense that is punishable by imprisonment, but does not involve the actual or threatened application of force to any person; a threat to make an accusation or disclosure (whether true or false) about misconduct by any person that is likely to damage the reputation of the threatened person; a threat to make improper use of a power or authority over the victim.
- Section 131B, Crimes Act Amendment 2005. Meeting Young Person under 16 Following Sexual Grooming. States that it is an offense to, having met or communicated with a person under the age of 16 on an earlier occasion, to intentionally meet this young person, travel with intent to meet, or arrange or persuade the young person to travel with the intention of meeting. The penalty for this offense is imprisonment for up to seven years. The same penalty applies if, at the time of taking the action, the offender intends that the young victim should do an act on him/her which constitutes an offense against this part of this Crimes Act (Part Seven, Crimes against Religion, Morality and Public Welfare). It is a valid defense to a charge under this section if the defendant can prove that he/she before the time he/she took action had taken reasonable steps to find out whether the young person was of or over the age of 16, and had reasonable grounds to believe this at the time of the action.
- Section 132, Crimes Act Amendment 2005. Sexual Conduct with Child under 12. States that having a sexual connection with a child is punishable by imprisonment for up to 14 years. The attempt is punishable by imprisonment for up to ten years. The section also states that it is no defense that the accused believed the child to be of or over the age of 12, or that the child consented.
- Section 134, Crimes Act Amendment 2005. Sexual Conduct with Young Person under 16. This section states that having a sexual connection with a child under the age of 16 or attempting to do so is punishable by imprisonment for up to 10 years. The section also states that doing an indecent act on a person under 16 years of age is punishable by imprisonment for up to seven years.
- Section 134A, Crimes Act Amendment 2005. Defense to Charge under Section 134. States that it is a valid defense to a charge under Section 134 to prove that, before the act took place, the offender took reasonable steps to find out whether the victim was of or over the age of 16 and believed him/her to be over 16 at the time of the offense, and the victim consented. Consent alone is not a sufficient defense, nor is the fact that the offender believed the victim to be over the age of 16.
- Section 135, Crimes Act Amendment 2005. Indecent Assault. Imposes a penalty of imprisonment for up to seven years for anyone who indecently assaults another person.
- Section 3, Films, Videos and Publications Classification Act 2005. Meaning of Objectionable. Defines a publication as objectionable if describes, depicts, expresses, or otherwise deals with matters such as sex, horror, crime, cruelty or violence in such a manner that the availability of the publication is likely to be injurious to the public good. A publication will be deemed objectionable if it promotes, supports, or tends to promote or support (among other definitions) the exploitation of children or young persons for sexual purposes or the use of violence or coercion to compel another person to participate in sexual conduct. In determining whether or not whether or not any publication is objectionable, particular weight shall be given to the extent and degree to which, and the manner in which it describes, depicts, or otherwise deals with (among other definitions) sexual conduct with or by children, or young persons, or both; exploits the nudity of children, or young persons, or both.
- Section 122, FVOCA 2005. Meaning of Distribute in Section 123 to 132. Defines the term ‘distribute’, in relation to a publication, as delivering, giving, offering for publication, or providing access to the publication, including digital access. It does not include to facilitate access to the publication by providing only some or all of the means necessary for transmission (other than by broadcasting) of the contents of the publication; an example of a person facilitating access but do not distributing the publication is a network operator or service provider providing only a network or facility through which the contents of the publication are transmitted.
- Section 123, FVPCA 2005. Offenses of Strict Liability Relating to Objectionable Publications. This section imposes a penalty of a fine not exceeding $10,000, or, in the case of a corporate body, $30,000, for anyone who makes, supplies or distributes an objectionable publication; makes a copy of such publication for the purposes of supply, distribution, display or exhibition to any other person; imports into New Zealand or possesses such publication for the purposes of supply or distribution to any other person; in expectation of payment or otherwise for gain, or by way of advertising, displays or exhibits an objectionable publication to any other person. The section also states that a publication may be supplied, distributed or imported not only in a physical form but also by means of the electronic transmission (whether by way of facsimile transmission, electronic mail, or other similar means of communication, other than by broadcasting) of the contents of the publication.
- Section 127, FVPCA 2005. Exhibition to Persons under 18. This section states that anyone who displays or exhibits an objectionable publication to any person under the age of 18 years is guilty of an offense and liable, in the case of an individual, to a fine of up to $10,000 or, in the case of a corporate body, a fine not exceeding $30,000. Where the offender knew or had reasonable cause to believe the publication to be objectionable, an aggravated penalty of imprisonment for up to ten years applies in the case of an individual, or a fine of up to $200,000 in the case of a corporate body.
- Section 131, FVPCA 2005. Offense to Possess Objectionable Publication. States that it is an offense to possess an objectionable publication, a crime punishable by a fine of up to $2,000 in the case of an individual, or $5,000 in the case of a corporate body.
- Section 114A, Crimes Act. Sexual Conduct with Children and Young People Outside New Zealand. This section makes it illegal for New Zealand citizens and residents to commit outside of the country acts that would constitute the following crimes in New Zealand: sexual connection with a child under 12, attempted sexual connection with a child under 12, doing an indecent act on a child under 12, sexual connection with a young person, attempted sexual connection with a young person, doing an indecent act on a young person, or prostitution of a person younger than 18 years old.
- Section 144C, Crimes Act. Organizing or Promoting Child Sex Tours. Defines the offense of making or organizing any travel arrangements for or on behalf of any other person with the intention of facilitating the commission of sexual conduct with children or young people outside New Zealand by that other person, regardless of whether or not such an offense is actually committed. It is also prohibited to transport any other person to a place outside New Zealand with the intention of facilitating such an offense, or to print or publish any information promoting such conduct. The penalty for this offense is imprisonment for up to seven years.
- Section 208, Crimes Act. Abduction for Purposes of Marriage or Sexual Connection. States that anyone who unlawfully takes away or detains a person without his/her consent, or with consent obtained by fraud or duress, with intent to marry the victim, to have sexual intercourse, or to cause the victim to be married to or to have sexual intercourse with some other person, is liable to imprisonment for up to 14 years.
- Section 209A, Crimes Act. Young Person under 16 Cannot Consent to Being Taken Away or Detained. States that for the purpose of Section 208, a person under the age of 16 cannot consent to be taken away.
- Section 248-252, Crimes Amendment Act 2003. Crimes Involving Computers. This section lists following offenses: accessing a computer for dishonest purposes; damaging or interfering with a computer system; making, selling, or distributing or possessing software for committing crime; and accessing a computer system without authorization. Maximum sentences for these offense range between two and 10 years.
- Section 20, Prostitution Reform Act 2003. No person may assist person under 18 years in providing commercial sexual services. This section states that no person may cause, assist, facilitate, or encourage a person under 18 years of age to provide commercial sexual services to any person.
- Section 21, Prostitution Reform Act 2003. No person may receive earnings from commercial sexual services provided by person under 18 years. States that no one may receive a payment or other reward that he or she knows, or ought reasonably to know, is derived, directly or indirectly, from commercial sexual services provided by a person under 18 years of age.
- Section 22, Prostitution Reform Act 2003. No person may contract for commercial sexual services from, or be client of, person under 18 years. States that it is illegal to enter into a contract or other arrangement under which a person under 18 years of age is to provide commercial sexual services to or for that person or another person. The section also states that it is unlawful for a person to receive commercial sexual services from a person under 18 years of age.
- Section 23, Prostitution Reform Act 2003. Offence to breach prohibitions on use in prostitution of persons under 18 years. This section imposes a penalty of imprisonment for up to seven years for anyone who contravenes Section 20, 21 or 22 and thereby commits an offense. The section also states that no person under 18 years may be charged as a party to an offense committed on or with that person against this section. No person contravenes Section 20 merely by providing legal advice, counselling, health advice, or any medical services to a person under 18 years of age.
- Section 124, Crimes Act. Distribution or Exhibition of Indecent Matter. This section states that anyone who sells, exposes for sale, or otherwise distributes to the public any indecent model or object, or exhibits or presents in view of any public place any indecent object, show or performance, is guilty of an offense and liable to imprisonment for up to two years. The same penalty applies to anyone who exhibits or presents in the presence of another person, in expectation of payment or otherwise for gain, any indecent show or performance. It is a valid defense to a charge under this section to prove that the alleged acts served the public good.
- Section 124A, Crimes Act. Indecent Communication with Young Person Under 16. This section defines the offense of someone 16 or older exposing a person under the age of 16 years old to indecent material in communicating in any manner with the young person. This offense applies when the person communicates with a constable posing as a fictitious young person under 16 years old. It is a defense if the person charged took reasonable steps to determine the young person’s age before communicating indecent material, and believed on reasonable grounds that the young person was over the age of 16. It is not a defense that the person did not know the material was indecent. This offense is punishable by up to three years’ imprisonment.
- Section 125, Crimes Act. Indecent Act in Public Place. Defines the offense of willfully committing an indecent act in a place to which the public have access, or within a view of any such place. The offense is punishable by imprisonment for up to two years. It is a valid defense to a charge under this section to prove that the defendant had valid reason to believe that he/she would not be observed.
- Section 126, Crimes Act. Indecent Act with Intent to Insult or Offend. States that anyone who, with intent to insult or offend any person, does an indecent act in any place is liable to imprisonment for up to two years.
2001 – The National Plan of Action Against the Commercial Sexual Exploitation of Children was published by the Ministry of Justice. Entitled “Protecting Our Innocence,” the plan provides a comprehensive analysis of the commercial sexual exploitation of children (CSEC) in New Zealand, which includes child prostitution, child trafficking, child sex tourism, and child pornography. It allocates responsibilities to 15 government agencies and four NGOs to implement 13 key objectives. This includes ensuring children are educated to protect themselves against CSEC, which the country’s police supports by providing personal safety programs for children such as “Keeping Ourselves Safe,” a child abuse prevention program for schools.
2006 – ECPAT NZ reviewed Protecting our Innocence, reporting that little coordination had taken place to implement the program effectively. The absence of a structured timeframe and a monitoring system teamed with insufficient provisions were highlighted as weak points which could hinder the successful realization of the plan.
2009 – The New Zealand Department of Internal Affairs (DIA) deployed a voluntary Digital Child Exploitation Filtering System designed to block websites that host images of child sexual abuse to all national ISPs. Focusing solely on objectionable images of child sexual abuse, anyone trying to access a website hosting such material will see a message on screen saying the site has been blocked due to illegal activities. The system will not cover email, file share or borderline material, and ISPs are able to opt out of the filtering software if they are unhappy after they have joined. The complete filtering list, containing over 7,000 websites, will be retained at the DIA. There is a code of practice to ensure that the privacy of ISP customers is maintained and only websites containing offensive images are filtered.
2010 – InternetNZ released a position paper rejecting the centralized filtering system, as in their opinion it can leave parents feeling that a safe online environment is being provided, which they feel cannot be guaranteed. InternetNZ believed that the DIA’s filtering system would only help at the margin and not block all child sexual abuse images. The organization said it preferred filtering solutions applied by individuals in their own homes, as opposed to a centralized government scheme.
2012 – The White Paper on Vulnerable Children was published, followed by the first iteration of the Children’s Action Plan. Both plans focused on protecting and serving vulnerable populations of children, with CAP setting the goals of the White Paper into motion. CAP includes legislative changes, information sharing, tracking vulnerable children, monitoring and punishing child abusers and screening those who work with children, among other actions.
Also in 2012, ECPAT published a report on the status of action against commercial sexual exploitation of children in New Zealand.
New Zealand joined the Global Alliance Against Child Sexual Abuse Online under which they commit to taking concrete actions in the immediate future on tackling online child sexual abuse. These include enhancing efforts to identify victims, investigate cases of child sexual abuse online and to identify and prosecute offenders, increase public awareness of the risks posed by children’s online activities, reducing the availability of child pornography online, and the revictimization of children. A progress report was published in 2014.
2014 – The Vulnerable Children Act 2014 was passed, establishing joint agency responsibility for getting results for vulnerable children. It also requires that all government-funded services for children screen their workers and have child protection policies in place.
The Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 was signed into law. The law requires the welfare and interests of the child be the first and foremost consideration in all contexts, except youth justice matters, and amends the Children, Young Persons, and Their Families Act 1989 to ensure that care and protection principles are child-centered.
The same year, the Department of Internal Affairs reported a dramatic increase in the number of images it uploaded to the International Child Sexual Exploitation (ICSE) images database managed by INTERPOL. This effort helped identify children who have been sexually exploited in New Zealand and overseas.
2015 – CAP issued a progress report, stating that it met its goal of passing legislation to protect vulnerable children and continues to implement a plan to screen workers who work with children. Cross-agency governance on child protection issues has been established at the local and national levels. By 2015, the disciplinary framework for teachers was strengthened, the time limited on Extended Supervision Orders for sex offenders was removed, and Public Protection Orders were introduced. Additionally, the government developed the Child Sex Offender Register, requiring all registered offenders to provide personal information to the police, update information annually, and notify the police when travelling.