What are we doing?
We have defined what is abuse, who is a vulnerable adult and drafted a bill to protect New Zealand’s most vulnerable adults to provide protection, empower agencies, and discourage abusers. Agencies provide the pathway to safety and recovery for those that have been wronged.
We have drafted an Adult Safeguarding Bill. You can support us by taking action with your MP.
Who is a vulnerable adult?
An adult (over 18 years of age) who:
Is unable to safeguard their own well-being, property, rights or other interests; and
Is at risk of harm because another person’s conduct is causing (or is likely to cause) the adult to be harmed.
Most adults will be vulnerable at some period of their life. There are eight types of abuse which can be intentional or unintentional:
Financial abuse is the inappropriate, illegal or improper exploitation of the funds or property of the person. This may be without their consent, or if consent is given it may be under pressure. Threats may be made or implied or PIN numbers demanded/credit card details sought; family/whanau may move in and take over the person’s home or take away assets; property may be sold or loans given under pressure that disadvantage the vulnerable adult.
Neglect is the failure to provide the necessities of life, such as adequate meals, heating or clothing. Active neglect is the conscious withholding of such necessities. Passive neglect often results from a carer’s failure to provide those necessities because of their own lack of information or a refusal to follow the directions of health or service professionals, failure to report or unrecorded falls or injuries or inadequate supervision or abandonment or leaving the vulnerable adult in dangerous situations.
Ignoring emotional needs by not responding to emotional needs or social isolation.
Emotional and/or psychological abuse involves behaviour that causes mental or emotional anguish or fear. It may involve humiliation, intimidation, threats or removal of decision-making powers.
Physical abuse is behaviour that causes injury or pain and includes actions such as slapping, hitting, bruising, squeezing, restraining, burning and inappropriate use or withholding of medication and chemical restraint. Signs may include loss of weight, injuries without a clear cause, appearing dirty or smelly and unexplained infections.
Sexual abuse involves inappropriate touching and unwanted sexual contacts. Threats or force may be used. Consent may not be given.
Institutional abuse involves policies and practices or organisations and service providers that negatively affect the wellbeing and the rights of vulnerable adults or fail to provide personalised care and support. This includes preventing an individual leaving a facility or restraining a person without appropriate legal process being in place.
Coercive control. The combination of any of the above forms of abuse and including voice power to exercise control.
Abuse can happen in people’s own homes, when staying with others or while in a range of community or residential homes.
What is the current situation in New Zealand?
Current legislation, such as the Crimes Act, does not provide for prevention or real time response.
There is no requirement for agencies to investigate suspected neglect or abuse.
There is no one place to report suspected abuse or harm to; secure an intervention; or to provide support to carers (80% of abuse or harm is a result of family members or carers, often harm or neglect is unintentional and whanau just need help to cope).
No one place coordinates information or actions, agencies often have part of the picture but not the whole picture, and there is no legislation mandating them to act.
It is virtually impossible to intervene unless there is a potentially prosecutable case of physical or sexual assault, but there are many other just as terrifying forms of abuse or neglect.
It is virtually impossible to remove a person to a place of safety or to ban unsuitable people from having contact with an adult at risk.
There is no law to prevent unsuitable people from caring for a vulnerable adult.