Editors --- "Evaluation of Programmes for Maori Adult Protected Persons under the Domestic Violence Act 1995 - Digest" [2003] AUIndigLawRpr 13; (2003) 8(1) Australian Indigenous Law Reporter 95

The International Research Institute for Maori and Indigenous Education, The University of Auckland and the New Zealand Ministry of Justice.

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Foreword
Mihi
Acknowledgements
Executive Summary

1. Introduction
2. Tu Tama Wahine o Taranaki
3. Te Whare Ruruhau o Meri
4. Discussion

Appendix A: Participant Information Sheet
Appendix B: Research Pamphlet
Appendix C: Participant Consent Form
Appendix D: Interview Guide
Appendix E Safety and Disclosure Protocol
Appendix F: Tu Tama Wahine o Taranaki Pamphlet
Appendix G: Te Whare Ruruhau o Meri Pamphlet

Executive Summary

The Domestic Violence Act 1995 provides for programmes for those whose lives are affected by domestic violence and who have Protection Orders under the Domestic Violence Act 1995. The Domestic Violence (Programmes) Regulations 1996 state that, 'Every programme for Adult Protected Persons must have the primary objective of promoting (whether by education, information, support, or otherwise) the protection of those persons from domestic violence'.

This is a research report provided for the Ministry of Justice and the Department for Courts as part of a contract with UniServices at the University of Auckland. The contract provides for the International Research Institute (IRI) to carry out an evaluation of two North Island programmes for Maori Adult Protected Persons under the Domestic Violence Act (1995).

The Programmes

The Domestic Violence Act 1995 provides for programmes for those with Protection Orders. 'The Department for Courts contracts with approved organisations and individuals to provide programmes for Adult Protected Persons. The Programmes for Adult Protected Persons contribute to the legislation's primary objective of providing greater protection for the victims of domestic violence. When a Protection Order is made, the protected person can request a programme, which provides support, information, and education in relation to domestic violence. The request can be made for up to three years from the date of the Protection Order.'^[1]

The goals for the programmes are set out in The Domestic Violence (Programmes) Regulations 1996 and specify that Maori values and concepts (Regulation 27) are to be taken into account. These acknowledge the value of Maori concepts while leaving leeway for provider interpretation of the meaning of these concepts. Two programmes for Maori Adult Protected Persons under the Domestic Violence Act 1995 were evaluated to assess whether the programmes are 'promoting the protection of those persons from domestic violence' (Regulation 28(1)). Both programmes are Regulation 27 (that is, Maori) programmes.

The two programmes were selected by the Ministry of Justice and Department for Courts based on (a) type of programme (group or individual), (b) geographical location (urban/provincial/rural), (c) size of client group, and (d) length of time in operation. Two well-established programmes with large client groups were chosen:

Evaluation methodology

The research drew together a strong team of researchers who are knowledgeable about Kaupapa Maori research, evaluation research, Maori health research, issues of violence including domestic violence, and Maori women's health and well-being. The evaluation of these programmes was based in te reo Maori me ona tikanga so that Maori world views and ways of being acknowledged are validated. Our approach to this is articulated within Kaupapa Maori.

The evaluation was qualitative: a series of interviews were held with programme provider staff, key informants and programme participants associated with each programme. These interviews, along with written documentation collected from each provider, provided the data for this evaluation.

In total 16 protected persons were initially interviewed: 11 from the Tu Tama Wahine o Taranaki programme and five from the Te Whare Ruruhau o Meri programme. Follow-up interviews were possible with 12 of these protected persons: nine from the Tu Tama Wahine o Taranaki programme and three from the Te Whare Ruruhau o Meri programme. The interviews were semi-structured. Interview questions examined the programme process for participants from their referral to the completion of the programme.

Eight key informants were interviewed in Taranaki and 12 in Auckland. The interviews spanned eight main topics: knowledge of programmes under the Domestic Violence Act 1995, the referral process, the working relationship with Tu Tama Wahine/Te Whare Ruruhau o Meri, knowledge of the programmes provided by Tu Tama Wahine/Te Whare Ruruhau o Meri, Kaupapa Maori content, issues around domestic violence, feedback from the community and/or programme participants on the Tu Tama Wahine/Te Whare Ruruhau o Meri programmes.

Main findings under each evaluation objective

Objective 1 - To describe the underlying philosophy, content, and processes of the programme

The philosophies of both programmes are grounded in Kaupapa Maori with programme content being designed to meet the goals outlined in the Domestic Violence (Programmes) Regulations 1996 and to support women in cultural empowerment.

Both providers are guided by a code of ethics and standards of practice, and programme facilitators are also counsellors. Both providers can offer group and individual programmes. At the time of this research Tu Tama Wahine o Taranaki was running a group programme and Te Whare Ruruhau o Meri was providing individual sessions. Both providers also provide staff training as well as supporting the training of other providers.

Objective 2 - To establish in what ways the programme meet the goals listed in Regulation 28 of The Domestic Violence (Programmes) Regulations

Both programmes have been designed to ensure that the goals outlined in Regulation 28 are included in their programme. The protection of participants can be achieved through education, information, support and empowerment, and enabling women to take control of their circumstances. This includes gaining an understanding of the wider socio-historical-cultural context of domestic violence.

The Tu Tama Wahine programme uses verbal, written and visual processes to enable women to articulate their feelings. Participation in a group and sharing with and listening to other women who have experienced similar issues was seen as key.

Te Whare Ruruhau o Meri was seen as a safe place in which women could express themselves. Participants draw on their own life stories for their own affirmation of self-worth.

Objective 3 - To examine issues surrounding the implementation, resourcing, and delivery of programmes

Participant access to the programmes was pivotal. This includes not only the location of the providers but also the skill and expertise of the facilitators. Tu Tama Wahine facilitators travel and provide their programme in a number of locations throughout Taranaki. The location of Te Whare Ruruhau o Meri assists access as it has good parking and is on a bus route. Both providers also provide a number of other services which protected persons and their whanau can access.

The referral process to these providers is largely reliant upon written material, whereas for many Maori women individual contact is more appropriate.

Payment for the providers is based on the number of protected persons participating in their programmes. Establishment costs and the development of resources is not covered, nor are the transportation and childcare costs of the participants.

Both providers put a lot of energy into assisting referrals and both discussed difficulties with the referral process from the Family Court in their area.

Objective 4 - To describe the client group and any perceived impacts the programme has had on their lives and on their families

Feedback from participants was positive and they reported that the programme had had positive outcomes for them. Programme content was seen as being relevant, with access to knowledge and information contributing to participants' outcomes. Often, change was expressed or seen in what may be considered intangible ways of being or behaviour; for example, participants' ahua (appearance). However, twelve weeks was seen only as a good beginning in this process and it was not long enough for healing and/or a person to turn their life around.

Te Whare Ruruhau o Meri offered participants protection by also educating abusive partners and ex-partners through a respondent programme. Tu Tama Wahine o Taranaki was approved to provide a group respondent programme in the middle of 2001.

Objective 5 - To identify the factors which assist or impede take-up of programmes, including reasons for non-attendance

Referrals to the programmes come from a variety of sources, with the Family Court only responsible for a small proportion of referrals. Developing processes for referral and engagement that are more conducive to Maori women is a key concern. Both programmes assist referred women to apply for Protection Orders. They continue to assist and stay in contact with participants beyond the initial 12-week period.

Objective 6 - To examine the extent to which the programmes meet the needs and values of their Maori participants

Both programmes include each of the seven Maori values and concepts, as identified by Regulation 27, in their programme.

Participants in the Tu Tama Wahine programme found that the Kaupapa Maori content and strong Maori focus provided a foundation from which to explore identity and a cultural view through which they could re-evaluate their own situation. Important aspects of the programme for participants were about being listened to, not being judged, being accepted, and being able to share their experiences with other Maori women who had had similar experiences.

Having a Maori facilitator was important for participants in the Te Whare Ruruhau o Meri programme. The programme aims to help families identify who they are and where they are from. This is a process of reintroducing whakapapa and acknowledging the importance of whanaungatanga. All programmes offered by Te Whare are holistic and support the whole whanau in the healing process.

Objective 7 - To identify, within the context, elements of 'best practice' which could be generalised from these to other programmes

Within programmes for Maori Adult Protected Persons the understanding of the client group and the delivery of the best practice resides largely in the vision of the women who make up the service. Their commitment to the delivery of Kaupapa Maori services by Maori women, for Maori women may not be something that can be captured within 'best practice' and then transferred to other services. In other words, transferability may be dependent on finding other services with like-minded Maori women and making available to them the understandings, lessons learned, and knowledge of other Maori women working in this area.

In addition, a programme of 12 weeks duration (even if the providers are giving more than the contracted service outside the 12 weeks they are funded for) can only be expected to be a small step on the pathways that Maori women must tread in order to become free from violence. 'Best practice' must therefore acknowledge the role of collective community responses to the position of Maori women and whanau within those communities. Domestic violence is a community concern.

Encompassing this is the legislative environment and the question of whether 'best practice' in the delivery of programmes for Maori Adult Protected Persons is possible within the current Domestic Violence Act 1995 and Programme Regulations. This research has demonstrated that providers can work very effectively within the current legislative environment but the providers, especially in Taranaki, recognised that a truly Kaupapa Maori approach to domestic violence would look very different and might not even involve legislation.

From the evaluation of these two programmes three key principles have been identified for the delivery of domestic violence programmes for Maori women. The three principles are:

In Table 1 below, the key principles are documented along with the philosophies and practices of the providers.

Table 1 Key principles in the benchmarking of programmes for Maori Adult Protected Persons under the Domestic Violence Act 1995

Key Principles
Te reo Maori me ona tikanga	Kaupapa Maori solutions	Individual and collective healing
Ako Maori: Maori pedagogy Taonga tuku iho: cultural aspirations Providers (facilitators, counsellors) are Maori Providers have appropriate skills and training Culturally-safe use of te reo me ona tikanga Matching providers and participants Code of ethics and standards Sense of equality between provider and participants Valuing of nurturing and mutually-respectful relationships	Kia orite i nga raruraru o te kainga: Mediation of socio-economic and home difficulties Kaupapa - collective vision Support Maori cultural aspirations Holistic approach including taha wairua, taha hinengaro, taha tinana Consultation with whanau, hapu, iwi Access to matauranga Maori Manaakitanga - support and care Social, political, historical and gender analysis of domestic violence Acceptance of and respect for the client as a whole person Supporting women in the legal system	Priority given to participants' safety (Tino) rangatiratanga - relative autonomy Participants are listened to and not judged Women share their experiences with others Affirmation, empowerment and choice Building cultural esteem Sense of community and shared responsibility Recognition of Mana Wahine, Mana Tane, Mana Tamariki Whanau - support for extended family structure and an emphasis on connectedness Objective of restoring balance

System Responsiveness

There are several issues that are not covered in the table that can have an effect on programme delivery:

Chapter 1

Introduction

'A commonly agreed upon prevalence rate of family violence amongst service providers in New Zealand is estimated as 14% or 1:7. When applied to the New Zealand population base (March 1994) this would mean that there are an estimated 481,989 people experiencing family violence either as victims (survivors) or perpetrators (largely men) in New Zealand.'^[2] In 1994 Snively estimated the economic cost of family violence to be at least $1.2 billion per year, with a total economic cost per person of $33,241.03.

In 1991, 45.9% of the women and 55.9% of the children who used Women's Refuge were Maori.^[3] In 1993, 51% of Women's Refuge clients were Maori.^[4][5] In 1999, the National Collective of Women's Refuges reported that 44% of Women's Refuge adult clients were Maori.

In the 1996 New Zealand National Survey of Crime Victims,^[6] 26.9% of Maori women respondents reported that they had experienced one or more types of abuse from a partner. These acts of violence focused on sexual and physical abuse and property damage. The authors summed up the data by noting 'within each ethnic group, the prevalence rates for partner abuse are higher for women than for men and are very much higher for Maori women than for New Zealand European and Pacific Island women'.

Maori women are also featured in the key findings of the 1996 Women's Safety Survey:^[7]

The women further reported that the violence they had experienced had also affected their children.

In her 1999 research, Tania Pouwhare ^[8] found that ‘family violence severely impacted on participants' abilities to seek and retain employment and perform in the workplace’ (p. viii). Pouwhare writes:

Abusers used many tactics to jeopardize women's employment opportunities. These included reneging on promised childcare, harassing women at work, threatening colleagues, accusing women of infidelity, refusing to support women with domestic duties, burning work clothes, exerting physical violence, and constantly undermining a woman's self-worth with verbal abuse and psychological violence.

In any report dealing with the experiences of domestic violence and Maori women, there needs to be a place to explore the nature and definition of that violence. This report therefore not only examines the legislative environment for the delivery of programmes for Maori women, it also looks more broadly at defining Maori domestic violence and the impacts of colonisation and violence on indigenous communities.

1.1 Defining Maori domestic violence

There is no one, universally-accepted definition of family violence. The Family Violence Prevention Coordinating Committee^[9] defined family violence as:

Tukino Tangata-Kaupapa for Te Patu Tangata (1987). Ko nga raruraru e pa ana ki te tukino tangata, kei waenganui i nga iwi katoa. He maha nga momo ahuatanga patu i te tangata penei i te kohuru, patu i nga waki katoa o te kohuru, patu i nga waki katoa o te tinana, ko te tukino wahine, te mahi puremu, te patu me te raweke i te tamariki, te ngaronga ake o te whenua, me te whakaiti tonu i te tangata. E pa ana tenei raruraru ki nga kaumatua, nga kuia, nga whaea, nga papa, te ranga, nga tamariki me nga mokopuna tahi o nga momo iwi katoa. Kua kitea, ko nga tane tonu kei te patupatu i nga wahine me nga tamariki a, ki ta matou mohiotanga, he whakaiti tonu tenei i te whare tapu o te tangata me nga pakeke mo te Ao Hou. E te iwi, me mutu i konei tenei mahi tukino tangata. Ma iwi hei mahi? Mau, maku, ma tatou katoa.

Violence that occurs between those persons connected by relationships (non-strangers), usually in a non-public place. It includes conduct that damages physically, emotionally, socially, and/or mentally and can be of physical, sexual and/or mental nature. It involves fear, intimidation and emotional deprivation, assault with or without weapons and sexual violation. Such violation is often called 'domestic violence', 'child abuse', 'non-stranger rape' and 'incest/child rape' and includes all these actions. It occurs irrespective of age, social status or ethnic group and affects a significant number of people in the community. Males are most often the aggressor with females and children the predominant targets of that aggression. It is perpetrated and supported by the abuse of inherent power that individuals/groups/ institutions/racial groups have over others. This is also the definition employed in the Te Puni Kokiri report on Maori Family Violence.

1.2 The Domestic Violence Act 1995

In his foreword to a 1997 Te Puni Kokiri document by Roma Balzer and colleagues, entitled 'Maori Family Violence in Aotearoa', the then Chief Executive Dr Ngatata Love states that:

Government is committed to reducing the incidence of family violence and has acknowledged the need for Maori to develop programmes and services to reduce family violence within their whanau. The Domestic Violence Act 1995 reflects this commitment by recognising Maori family relationships and providing opportunities for Maori to provide support and rehabilitation for victims and perpetrators of family violence.^[10]

The Domestic Violence Act 1995 extended the definition of family violence in what has been described as 'a philosophical shift in the way the justice system perceives and addresses domestic violence'.^[11] The definition of violence in the domestic violence legislation has now been widened in order to try and incorporate a power and control approach to defining domestic violence. Hence, the new definition includes not only physical violence but also sexual abuse, psychological abuse (including, but not limited to, intimidation, harassment, damage to property, threats of abuse), and causing or allowing a child to witness physical, sexual, or emotional abuse of a family member. The Domestic Violence Act 1995 also provides for programmes for protected persons and those who have a Protection Order granted against them.

Applications under Domestic Violence Act 1995

From July 1996 until June 2000, 28,755 applications were made under the Domestic Violence Act 1995. The majority of respondents (89.0%) in these applications are male. In addition, 23.8% of the respondents and 22.3% of the Adult Protected Persons are Maori.^[12]

1.3 Colonisation and violence in indigenous communities

The Domestic Violence Act 1995 is also a piece of legislation written to fit within a broader western legal schema. Its applicability and usefulness to Maori therefore remains limited, as a Maori philosophical position on violence in general, and violence within families in particular, differs greatly from generally-accepted western positions. The Domestic Violence Act 1995 attempts therefore to legislate for a problem that is prevalent among Maori communities and families and yet fails to recognise its own inclusion as part of a greater mechanism of continuous violence perpetrated upon Maori people within a colonised Aotearoa.

Caren Wickliffe argues that there are a number of underpinning assumptions in colonisation that have led to the imposition of foreign legal systems on Indigenous Peoples.^[13] Further, she argues that such impositions have been established through processes of denying Indigenous Peoples' sovereign status and rights. The result of such impositions has been the destruction of many traditional ways of life and the debasement of cultural ways. As a consequence, Wickliffe argues that the law and current legal systems are viewed by many Indigenous Peoples as weapons of colonisation.

Neville Robertson also comments on the impact of colonisation in the construction of 'battering' within this country.

Battering is more than the actions of individual men against individual women. Broadly speaking, it can be viewed as a culturally supported practice. Dominant readings of Christian theology, certain aspects of capitalism and an andro-centric British legal tender system, together with the process of colonisation, have played a role in maintaining the subordinate position of women and implicitly, sometimes explicitly, condoning violence against them.^[14]

The contention that colonisation has impacted upon Maori is not one taken solely in regard to early colonial experiences, but as noted by Wickliffe and Robertson, reaches deep into present day issues pertaining to Maori. In a report on the Waitara shooting of Steven Wallace^[15], Moana Jackson notes that a key to understanding the shooting is that of the historical context surrounding the forms of structures and organisations such as the Police, and the relationships that have developed as a consequence of that history. Jackson's report indicates that relationships between the State, as represented by the Police, and Maori in Taranaki must be seen in light of the history of that area. This is a critical point in that it highlights a need for institutions to have a deep understanding of the historical underpinning that exists between Maori and a particular institution. Emphasising this point, Jackson states that if the culture of an institution ‘...is based upon the institutionalised racism of colonisation, then its members will be imbued with, and may even manifest, that racism’.^[16]

Stephanie Milroy also asserts this position in regard to the intersection of colonisation and the law. Milroy argues that colonisation brought a monocultural legal system to this country that actively oppressed Maori people.^[17] In a series of interviews with Maori women in Women's Refuge, Stephanie Milroy highlighted the patriarchal and monocultural nature of the legal system and the issues of control felt when entering the legal system.

Milroy argues that women interviewed did not directly relate their experiences to issues of race; however the issues raised were fundamentally linked to the structures and foundations of the legal system. These issues are however addressed in some depth in the report 'Te Tikanga o Te Ture: Te Matauranga o nga Wahine Maori e pa ana ki tenei - Justice: The Experiences of Maori Women' commissioned by the Law Commission.^[18] The conclusions of this report state:

Our concern is that the justice system has failed to meet the needs of Maori women. This failure is manifest in the negative experiences they have described to us and in the perceptions that they have that the justice system accords them little or no value. The consequence is that Maori women have little or no confidence in that system.^[19]

Many Maori people argue that domestic violence is but a microcosm of what is experienced by indigenous peoples following colonisation. Ani Mikaere argues that colonisation has been instrumental in the undermining of tikanga Maori.^[20] Furthermore, she asserts that the construction of Western legal systems in this country has been central to the colonising project and has been a damaging force in regard to current arrangements and relationships between Pakeha and Maori.^[21]

Margie Hohepa regards violence as a learned behaviour, one that connects to the notion that domestic violence or violence against women and children is not culturally Maori, but is a result of a systematic colonisation of fundamental values.^[22]

The Aboriginal and Torres Strait Islander Women's Task Force On Violence report^[23] highlights the impact of colonisation in terms of violence within Aboriginal communities. It is noted that the impact of history cannot be isolated from current discussions of violence in the lives of Indigenous Peoples, and the cultural fragmentation and marginalisation that contribute to the crises that many Indigenous Peoples may find themselves in. The history of colonisation in Australia is referred to in the following ways in the report:

The history of race relations in Australia is one in which Indigenous People have been subjected to forms of violence that were unknown to many non-Indigenous Australians, and as a consequence, the atrocities inflicted against Indigenous People have only recently been fully exposed. Colonisation and dispossession were factors identified throughout the consultations as being central to the current alcohol and drug abuse, violence and dysfunction witnessed in Indigenous communities.^[24]

Indigenous people generally have been profoundly affected by the erosion of their cultural and spiritual identity and disintegration of family and community that has traditionally sustained relationships and obligations and maintained social order and control.^[25]

1.4 Intervening in Maori family violence

Family violence is undoubtedly a major concern for Maori. At the Maori Women's Welfare League Indigenous Women's Conference in 1991, Parekotuku Moore, on behalf of the Family Violence Prevention Coordinating Committee (FVPCC), challenged Maori to 'take a firm stance in eradicating family violence'. One way to facilitate a reduction in family violence is the resourcing of intervention and prevention programmes that work with whanau.

The rito, the centre shoot or heart of the harakeke or flax, must be cared for to ensure new life and new shoots. It symbolises the need of each person to be nurtured in a whanau-hapu environment. According to Maori, te whanau-hapu is the heart of life for a person. It is the ground in which kinship and social relationship obligations and duties are learned, and enabled to flourish and flower.^[26]

The 1980s and 1990s have witnessed much debate about violence in Maori families. Roma Balzer and Hinematau McNeill^[27] recommended greater Maori participation in addressing domestic violence from a Maori cultural perspective. This was based upon their examination of the Treaty of Waitangi and Maori history. They stated that:

Family violence intervention involves male responsibility for their violence whilst ensuring the absolute safety and protection of the women and children victims of this violence. Any rehabilitation process for Maori men must be inclusive of positive Maori self-identity and must promote the family (whanau) as an institution, which supports, as well as sanctions, behaviour.^[28]

Programmes to intervene in Maori family violence therefore need to begin from both an historical and a cultural standpoint; and will probably be most effective when offered by Maori, for Maori, under a Maori kaupapa.

Affirming the need for Maori initiatives in the area of family violence to be supported, Pauline Kingi states:

Family violence has a major impact on the development of the self, of Maori as individuals and as members of whanau, of communities. What is needed are initiatives that can focus on the reduction of Maori family violence through the development of strategies that work with the whanau to restore and to reaffirm those key factors identified at the 1994 Te Ara Ahu Whakamua National Health Hui.^[29]

Arguing her second theme, Pauline Kingi notes that, in regard to the Treaty of Waitangi, iwi, hapu, whanau, Maori people have a critical role to play in the provision of services. Developments in this area need to be through processes that work for Maori and which enable Maori to develop systems that affirm iwi, hapu, and whanau.

The notion of development 'for Maori by the Maori community', is the basis of Kingi's third theme. This theme identifies a need to achieve long-term outcomes that are grounded in Maori community involvement. The fourth theme is directed at the importance of policy development and delivery that recognises whanau needs and whanau well-being. What is clear from each of the themes discussed by Pauline Kingi is that central to whanau well-being are Maori ourselves, and that drawing upon matauranga and tikanga Maori for programmes is essential.

In the Domestic Violence Act 1995 the interventions provided for are in the form of programmes provided separately to protected persons (usually women), respondents (usually men), and children. The Domestic Violence (Programmes) Regulations 1996 provide a framework within which these programmes are approved, funded and provided.

1.5 Programmes for Adult Protected Persons

The Domestic Violence Act 1995 provides for programmes for those with Protection Orders. The Department for Courts contracts with approved organisations and individuals to provide programmes for Adult Protected Persons (see chart below for an overview of the approval process).

The Programmes for Adult Protected Persons contribute to the legislation's primary objective of providing greater protection for the victims of domestic violence. When a Protection Order is made, the protected person can request a programme, which provides support, information, and education in relation to domestic violence. The request can be made for up to three years from the date of the Protection Order.'^[30]

The goals for the programmes are set out in The Domestic Violence (Programmes) Regulations 1996 and include Maori values and concepts. These acknowledge the value of Maori concepts while leaving leeway for provider interpretation of the meaning of these concepts. Regulations 27, 28 and 29 are set out below.

(iii) The availability, content and benefits of programmes for protected persons who are children, and how to request such programmes

(iv) The content of programmes for respondents or associated respondents, and the obligations placed on respondents or associated respondents in relation to those programmes

(i) Consist of a specified number of programme sessions, the total duration of which is not less than 20 hours and not more than 40 hours

(iv) Where possible in the circumstances, be presented by 2 programme providers if the number of people attending the programme exceeds 8

(v) Where the programme is an individual programme, consist of a specified number of programme sessions, the total duration of which is not less than 9 hours and not more than 12 hours

The evaluation of the delivery and outcomes of programmes for Maori Adult Protected Persons therefore includes the description of how providers are interpreting these regulations within their programmes. The evaluation described in this report was guided by Kaupapa Maori theory. This is now described.

1.6 Kaupapa Maori

Kaupapa Maori is 'a theory and an analysis of the context of research which involves Maori and of the approaches to research with, by and/or for Maori'.^[31] A Kaupapa Maori approach does not exclude the use of a wide range of methods but rather signals the interrogation of methods in relation to cultural sensitivity, cross-cultural reliability, useful outcomes for Maori and other such measures. As an analytical approach, Kaupapa Maori is about thinking critically, including developing a critique of Pakeha constructions and definitions of Maori and affirming the importance of Maori self-definitions and self-valuations.^[32] Locating Kaupapa Maori as an intervention strategy, Smith, Fitzsimons and Roderick^[33] highlight the following:

Kaupapa Maori encompasses the social change or intervention elements that are common across many different sites of Maori cultural struggle, and as the collective set of key intervention elements in the Maori-driven, cultural resistance initiatives.

Smith et al. argue that Kaupapa Maori has the potential to provide elements for effective transformation for the following reasons:

There is a growing body of literature regarding Kaupapa Maori theories and practices that assert a need for Maori to develop initiatives for change that are located within distinctly Maori frameworks. This does not mean that we are unable to carry out research ethically, systematically^[34] and 'scientifically'. In other words, our research remains rigorous.

1.7 The Research

The research involved the evaluation of programmes for Maori Adult Protected Persons under the Domestic Violence Act 1995. The research drew together a strong team of researchers who are knowledgeable about Kaupapa Maori research, evaluation research, Maori health research, issues of violence including domestic violence, Maori women's health and well-being. An evaluation of these programmes was based in te reo Maori me ona tikanga so that Maori world views and ways of being acknowledged are valid. Our approach to this is articulated within Kaupapa Maori (see above).

The overall aim of the evaluation is to describe in what ways programmes for Maori Adult Protected Persons contribute to the protection of Maori victims of domestic violence.^[35]

Two programmes for Maori Adult Protected Persons under the Domestic Violence Act 1995 were evaluated to assess whether the programmes are 'promoting the protection of those persons from domestic violence' (Regulation 28(1)). In doing this, the programmes took into account Tikanga Maori.

The two programmes were selected by the Ministry of Justice and Department for Courts based on:

The Tu Tama Wahine o Taranaki Incorporated ‘programme has both a rural and urban focus. Facilitators travel to clients in outlying areas such as Waitara, Stratford, Hawera, and Patea. They work with groups and with individual Adult Protected Persons and have a children's programme linked with the adult protected persons' programme.’

In two main population areas in Taranaki are New Plymouth (49,079) and Hawera (11,317).^[37] In the New Plymouth district (68,112) 13.4% of the population said in the 1996 Census that they belonged to the Maori ethnic group. This differed from both the Stratford district (10.4%) and the South Taranaki district (18.7%). Across the three regions, the percentage of Maori 15 years and over who had an annual income of $20,000 or less varied from 71.3-72.9%, and 39.0-41.9% said that they had received a government benefit in the 12 months before the 1996 Census.^[38]

is a large, well established agency providing a range of services to whanau, including programmes for both Adult Protected Persons and Respondents. They are available to receive referrals from all Auckland Courts, although most referrals come from South Auckland. Although they are approved to provide both group and individual programmes, they work largely with individual Adult Protected Persons.

In South Auckland (that is, Manukau city) 17.8% of the population (254,277) said that they belonged to the Maori ethnic group in the 1996 census (compared to 15.1% nationally and 9.8% in Auckland city). Of those Maori 15 years and over, 62.4% have an annual income of $20,000 or less and 37.3% said that they had received a government benefit in the 12 months before the 1996 Census.^[40]

The two programmes are therefore quite different in terms of their location and the population they are serving. According to the providers themselves, the South Auckland client population is also transient, whereas the Taranaki client population is more settled and, if mobile, reasonably easily located through community networks.

The research largely took place in 2000. Within this report the findings for the two programmes for Objectives 1-6 are presented separately. Objective 7 is presented at the end of the report.

Research Ethics

Ethical approval for the research has been obtained from the University of Auckland Human Subjects Ethics Committee. In addition, operating within a Kaupapa Maori framework necessitates a research process that affirms Kaupapa Maori ethics. These ethics are informed by tikanga Maori and demand that negotiation with participants be undertaken.

Analysis

The analysis of the data (including the interview transcripts) involved looking for information relevant to each of the evaluation's objectives. Within any objective, the interview data from the participants, providers and key informants were kept separate. And within each group of data, commonalities were identified through reading and re-reading transcripts and discussion among the research group. The commonalities were then described and illustrated with selected portions of transcript. Each participant was given a number and this number was then attached to the selected portions of transcript used in this report.

Chapter 4

Discussion

4.1 Objective 7 - To identify, within the context, elements of 'best practice' which could be generalised from these to other programmes

4.1.1 Introduction

This research set out to evaluate the delivery and outcomes of programmes for Maori Adult Protected Persons under the Domestic Violence Act 1995 by examining two such programmes: one offered in Taranaki and the other in South Auckland. As noted in the introduction to this report, the two programmes were specifically chosen because of their different geographical location (provincial and rural vs. urban) and the different type of programme (individual vs. group) that they offered for Maori Adult Protected Persons. On the whole, the women who accessed the Te Whare Ruruhau o Meri programme travelled to the provider. In Taranaki, Tu Tama Wahine is highly mobile, often covering large distances to take its programme to the women in different locations. Both programmes are well-established and both have a large client base.

The present research was not directly an evaluation of the specific programmes. However it is difficult to imagine lifting information related to 'best practice' from each programme without first gaining some intimate knowledge of the programmes' operations and what their target audience, Maori Adult Protected Persons, have to say about their services.

On the whole, the women who participated in this research spoke very highly about the programmes they had attended. The women were largely grateful for the Maori content in the programmes and the accessibility of the Maori women facilitating the programmes. ^[61]

'...identifying the best ways of managing the firm and producing and delivering its services, while continually improving what the firm does. Underlying all this is the idea that the firm must become close to and properly understand its clients, develop the systems and procedures to give its clients exactly what they want, and work with all the people in the firm to achieve these things, particularly the firm's programmes of continuous improvement.' ^[62]

Within programmes for Maori Adult Protected Persons the understanding of the client group and the delivery of the best service resides largely in the vision of the women who make up the service. Their commitment to the delivery of Kaupapa Maori services by Maori women, for Maori women, may not be something that can be captured within 'best practice' and then transferred to other services. In other words, transferability may be dependent on finding other services with like-minded Maori women and making available to them the understandings, lessons learned, and knowledge of other Maori women working in this area.

Models of best practice therefore need to be interrogated so that the role of Maori women and their commitment to Kaupapa Maori service delivery can be made more transparent. In addition, the interplay of social, cultural and economic concerns needs to be examined as the lives of Maori women within Aotearoa are often affected by systemic factors such as poverty, sole parenting, etc. that are beyond the control of any programme. A programme of 12 weeks duration (even if the providers are giving more than the contracted service outside the 12 weeks they are funded for) can only be expected to be a small step on the pathways that Maori women must tread in order to become free from violence. 'Best practice' must therefore acknowledge the role of collective community responses to the position of Maori women and whanau within those communities. Domestic violence is a community concern.

In addition, the implementation of 'best practice' will not necessarily direct programmes toward a place where they are not already heading, because of their existing commitment to the healing and well-being of Maori women and the delivery of a professional service. The programmes reviewed in this research are already working toward effective service, including:^[63]

However, as the seventh objective of this research is 'To identify, within the context, elements of 'best practice' which could be generalised from these to other programmes' we will proceed to examine the practices that providers have implemented in their service delivery that facilitate the delivery of accessible and culturally-appropriate programmes for Maori Adult Protected Persons.

Encompassing this is the legislative environment and the question of whether 'best practice' in the delivery of programmes for Maori Adult Protected Persons is possible within the current Domestic Violence Act 1995 and Programme Regulations. This research has demonstrated that providers can work very effectively within the current legislative environment but the providers, especially in Taranaki, recognised that a Kaupapa Maori approach at this level would look very different and might not even involve legislation.

4.1.2 Legislative environment

There are explicit goals embodied in the legislation for programmes that seek to educate and empower Maori women about domestic violence. Regulation 28 contains goals that apply to all programmes, regardless of the ethnicity of participants. Regulation 27 acknowledges a holistic Maori perspective, including the mana of those who are involved in a (nuclear) family unit and the importance of familial relationships. Maori providers are attempting to give due regard to both Regulations while remaining accountable largely to the women within these programmes and the communities that are being served.

Regulation 27

Tikanga Maori is an integral part of Regulation 27, Maori values and concepts. Providers structurally incorporate aspects in the provision of the programme, building upon a base and addressing all elements. Providing roles for the participants gives participants value and an affirmation of themselves, which is a fundamental essence of Mana Wahine. Mana Wahine is directly related to notions of Mana Tane. The whanaungatanga element of the programme requires the connections to be made. Issues specific to tamariki and parenting are addressed, in regard to children of the participants and also their own experiences as children. It is recognised that often abuse has occurred for the participants in their own childhood and that has to be addressed. Elements of taha wairua, taha hinengaro and taha tinana are incorporated throughout the programme. These elements are regarded as engaging the whole person and each are inter-related.

Regulation 27 therefore allows for the incorporation of cultural perspectives into the programmes whilst at the same time giving providers some leeway as to how they interpret the values (as they remain only briefly defined in the Programme Regulations). The providers are managing to express Kaupapa Maori within this regulation (although, as noted above, not to its full extent) and it is Kaupapa Maori that underpins the programmes and upon which the details of Regulation 28 are interpreted.

This is the essence of the service providers are providing. It is 'by Maori, for Maori' and underpinned by tikanga and, particularly in Taranaki, te reo Maori. The programmes are therefore able to meet participants on their own cultural ground.^[64] The stress participants might face when seeking help from a service that does not operate in culturally-familiar ways is therefore removed. As Robert Hart describes when discussing the need to provide culturally-appropriate family violence service for Canadian Aboriginal peoples:^[65]

Culture is reflected in the organizations and institutions of the community. The clearer the reflection by those organizations, the better served the community. When the service, or the organization offering it, does not culturally reflect the community it is meant to serve, an additional stress is created. This does a great disservice to individuals, families and whole communities who are already under considerable stress.

Evidence of the additional stress created by interaction with a culturally-inappropriate service is identified by Camara Jones in her examination of institutional racism and its effects on the health of African-Americans.^[66] Following their examination of the impact of social and economic disparities on health in Aotearoa, Howden-Chapman and Tobias write that 'socioeconomic factors do not... explain all of the health disparity for Maori and Pacific peoples. Part of the explanation may lie instead in the way our societal arrangements tend to favour the majority population, thus perpetuating inequalities between ethnic groups.'^[67] Both studies suggest that culturally-appropriate service delivery is essential if health care is going to be accessible and appropriate for Maori. There is no reason to suspect why the delivery of domestic violence programmes is any different.

Kaupapa Maori provides the basis from which providers could explore a political, social and cultural analysis of domestic violence within the context of their programmes. Within this the providers stressed the importance of facilitating the healing of women - which had to be carried out in a safe environment, that it took a long time, and that Maori cultural values and tikanga were often introduced gently and slowly.

In traditional Maori society communal living and cultural roles ensured the survival of the collective. Annie Mikaere ^[68] writes that:

The roles of men and women in traditional Maori society can be understood only in the context of the Maori world view, which acknowledged the natural order of the universe, the interrelationship or whanaungatanga of all living things to one another and to the environment, and the over-arching principle of balance. Both men and women were essential parts in the collective whole, both formed part of the whakapapa that linked Maori people back to the beginning of the world, and women in particular played a key role in linking the past with the present and the future. The very survival of the whole was absolutely dependent upon everyone who made it up, and therefore each and every person within the group had his or her own intrinsic value. They were all a part of the collective; it was therefore a collective responsibility to see that their respective roles were valued and protected.

The present-day high levels of Maori family violence (or perhaps more accurately, the perpetration of violence by Maori men against their female partners) have been related to the undermining of whanau and the urbanisation of a large portion of the Maori population. Both broke down traditional sanctions against violence and, combined with the separation of Maori families from the support and discipline provided by whanau and hapu, effectively moved violence from the public to the private sphere. What was once the concern of the community has become something that is often perceived to be no-one else's business.

The renewed public focus on domestic violence has only been happening in the past two decades. As Angela Davis^[69] so poignantly reflects, 'Only one generation separates us from that era of silence'. The Domestic Violence Act 1995 incorporated broad Maori goals.

Programmes that are by Maori, for Maori work within these goals and address the cultural needs of Maori women and of Maori more generally.

Regulation 28

In terms of Regulation 28, goals of programmes for Adult Protected Persons, a key job for programme facilitators is to encourage the participant to address their fears and to help identify the benefits and outcomes through confronting, understanding and addressing the situation and recognising it was not their fault. Such a self-affirming statement/principle is a strong therapeutic message of the programme. The educative process is carried out using a variety of methods, including storytelling, video resources and talking sessions. The providers work with the participant in developing and planning a path through courses that will help build self-esteem and confidence and work toward personal change within themselves and the respondents.

Regulation 28 is about the empowerment of Maori women. The programmes inform Adult Protected Persons about the resources available within the community as well as where and from whom they can seek help. It gives them confidence knowing that there is a safety network in place for them after they have left the programme. The improvements in self- esteem and skill levels among participants, as a result of programme attendance, also work to empower them and keep them safe.

4.1.3 Principles of best practice

From the evaluation of these two programmes three key principles have been identified for the delivery of domestic violence programmes for Maori women. The three principles are:

Te reo Maori me ona tikanga. Te reo Maori me ona tikanga underpinned the programmes, although this was more explicit in the Taranaki programme than in the South Auckland programme. This principle includes the valuing of tradition and culture and the recognition of the importance of ritual (eg, karakia) and ceremony (eg, p whiri). ^[70]

Kaupapa Maori solutions. Providers and participants talked about the programmes needing to come from a Maori base; this is fundamentally related to Kaupapa Maori. This base was often described as holistic and compared to a western (or Pakeha) model that addressed only the needs of the individual in isolation. Providers, participants and Key Informants spoke of whanaungatanga, whakapapa, manaakitanga, te reo Maori, karakia, mana, Mana Wahine, Mana Tane, aroha, tapu, noa, matauranga. These are concepts that are not in isolation but are interwoven in a cultural mosaic. They are also about both the content of a programme as well as the process by which it is delivered. It is from these concepts, and many others that strong Kaupapa Maori programmes operate. It is also from this base that Maori can reach out, if they so desire, to other forms of healing.

Individual and collective healing. Healing was considered to be an essential part of the programmes and this extended to the whanau, hapu and iwi. It is noted, however, that within South Auckland the focus was largely on the individual and their whanau. This did not prevent a wider historical and political analysis of the current position of Maori within this country being included in the programme. Programmes that are based within Kaupapa Maori and which ensure opportunities for the healing of mamae for Maori are crucial. Healing was also directly linked to identity and in particular decolonisation processes. For real change to occur there must be mechanisms in place whereby participants can be involved and direct the process of healing.

In Table 4.1 the key principles are documented along with the philosophies and practices of the providers.^[71]

Table 4.1 Key principles in the benchmarking of programmes for Maori Adult Protected Persons under the Domestic Violence Act 1995

Key Principles
Te reo Maori me ona tikanga	Kaupapa Maori solutions	Individual and collective healing
Ako Maori: Maori pedagogy Taonga tuku iho: cultural aspirations Providers (facilitators, counsellors) are Maori Providers have appropriate skills and training Culturally-safe use of te reo me ona tikanga Matching providers and participants Code of ethics and standards Sense of equality between provider and participants Valuing of nurturing and mutually-respectful relationships	Kia orite i nga raruraru o te kainga: Mediation of socio-economic and home difficulties Kaupapa - collective vision Support Maori cultural aspirations Holistic approach including taha wairua, taha hinengaro, taha tinana Consultation with whanau, hapü, iwi Access to matauranga Maori Manaakitanga - support and care Social, political, historical and gender analysis of domestic violence Acceptance of and respect for the client as a whole person Supporting women in the legal system	Priority given to participants' safety (Tino) rangatiratanga - relative autonomy Participants are listened to and not judged Women share their experiences with others Affirmation, empowerment and choice Building cultural esteem Sense of community and shared responsibility Recognition of Mana Wahine, Mana Tane, Mana Tamariki Whanau - support for extended family structure and an emphasis on connectedness Objective of restoring balance

4.1.4 System responsiveness

There are several issues that are not covered in the table that can have an effect on programme delivery:

The above issues have been raised by both providers and must be addressed to ensure the effective continuation of both programmes.

4.1.5 Concluding remarks

Both of the two programmes for Maori Adult Protected Persons that were involved in the present research have continued to grow and develop in line with their visions of how best to serve their communities and confront issues of domestic violence.

Te Whare Ruruhau o Meri is currently offering a Whanau Reconciliation Support Service in recognition that many women want to return to their partners and the Service needs to support them to do so, while providing them with the best possible opportunity to be free from violence.

Tu Tama Wahine o Taranaki is newly approved to provide a group programme for Maori respondents.

^[2] Snively, S. (1994). The New Zealand economic cost of family violence. Wellington: Department of Social Welfare.

^[3] National Collective of Independent Women's Refuges Inc. (1993). National Collective of Independent Women's Refuges Inc Annual Report 1993. Unpublished report to the Annual General Meeting.

^[4] National Collective of Independent Women's Refuges Inc. (1995). National Collective of Independent Women's Refuges Inc Annual Report 1995. Unpublished report to the Annual General Meeting.

^[5] National Collective of Independent Women's Refuges Inc. (1993). National Collective of Independent Women's Refuges Inc Annual Report 1993. Unpublished report to the Annual General Meeting.

^[6] Young, W., Morris, A., Cameron, N. & Haslett, S. (1996). New Zealand National Survey of Crime Victims 1996. Wellington: Victimisation Survey Committee. Table 2.16 & page 45.

^[7] Morris, A. (1996). Women's Safety Survey 1996. Wellington: Victimisation Survey Committee

^[8] Pouwhare, T. (1999). Maori Women and Work: The effects of family violence on Maori women's employment opportunities. Wellington: The National Collective of Independent Women's Refuge Inc.

^[9] Family Violence Prevention Co-ordinating Committee. (1991). Reach out. Wellington: FVPCC, Department of Social Welfare. Page 20.

^[10] Balzer, R., Haimona, D., Henare, M. & Matchitt, V. (1997). Maori family violence in Aotearoa. Wellington: Te Puni Kokiri.

^[13] Wickliffe, C. (2000) The hidden elements of the New Zealand constitution: Maori rights in Aotearoa. Paper presented to ‘Implementation of Indigenous Rights: Te Mana Tangata, Ehenua Me Tana Whakatinanatanga’, Wellington, 11-12 Sept. 2000.

^[14] Wickliffe, C. (2000) The hidden elements of the New Zealand constitution: Maori rights in Aotearoa. Paper presented to ‘Implementation of Indigenous Rights: Te Mana Tangata, Ehenua Me Tana Whakatinanatanga’, Wellington, 11-12 Sept. 2000.

^[15] Jackson, Moana. An Analysis of the Police Report into the Fatal Wounding of Steven James Wallace at Waitara, Sunday 30 April 2000, August 2000.

^[17] Milroy, Stephanie (1996). Maori Women and Domestic Violence: The methodology of research and the Maori perspective. Waikato Law Review, 4, 58-76.

^[18] Law Commission Report 53, April 1999. 'Te Tikanga o te Ture: Te Matauranga o nga Wahine Maori e pa ana ki tenei - Justice: The Experiences of Maori Women', Wellington, New Zealand.

^[20] Mikaere, A. (1994). Maori women: Caught in the contradictions of a colonised reality. Waikato Law Review, 2, 125-149.

^[22] For discussion of colonisation and the domestication of Maori through Native Schooling refer also Simons, J. et. al. (1999). Nga Kura Maori. Auckland: Auckland University Press.

^[23] The Aboriginal and Torres Strait Islander Women's Task Force on Violence Report, 1999, Department of Aboriginal and Torres Strait Islander Policy and Development, Queensland, Australia.

^[26] Henare, M. (1995). Te Tiriti, te tangata, te whanau: the Treaty, the human person, the family. In Rights and responsibilities. Papers from the International Year of the Family Symposium on Rights and Responsibilities of the Family held in Wellington, 14 to 16 October 1994. Wellington: International Year of the Family Committee in association with the Office of the Commissioner for Children. Page 16.

^[27] Balzer, R. & McNeill, H. (1988). The cultural facilitators of family violence. Wellington: FVPCC, Department of Social Welfare.

^[31]Smith, L.T. (1996). Kaupapa Maori Health Research. In Hui Whakapiripiri: A Hui to Discuss Strategic Directions for Maori Health Research. Wellington School of Medicine: Te Ropu Rangahau Hauora a Eru Pomare.

^[32] Smith, L.T. & Cram, F. (1997). An evaluation of the Community Panel Diversion Pilot Project. Commissioned by the Crime Prevention Unit, Office of the Prime Minister and Cabinet, Wellington.

^[33] Smith, G.H., Fitzsimons, P. & Roderick, M (1998). A Scoping Report: Kaupapa Maori Frameworks for Labour Market Programme, A report to the Maori Employment and Training Commission, International Research Institute for Maori and Indigenous Education, Auckland.

^[34] Smith, L.T. (1996). Kaupapa Maori Health Research. In Hui Whakapiripiri: A Hui to Discuss Strategic Directions for Maori Health Research. Wellington School of Medicine: Te Ropu Rangahau Hauora a Eru Pomare.

^[61] We acknowledge, however, that the women participating in the research, especially in South Auckland, may be a select group; namely, those women who were in stable enough accommodation and felt safe enough to give Te Whare Ruruhau o Meri their true address and phone number. We were also unable to talk to women who may have been referred to the programmes but who, for whatever reason, did not show up.

^[62] Centre for Best Practice, The Law Society of New South Wales @ http://www.collaw.edu.au/cbp/cbp.htm

^[64] By culture we mean 'the collective characteristics of a community's way of life: it's perceptions and values, the beliefs and customs - both ritualistic and informal - that flow from them, and the language that expresses them.' (Robert Hart, 1997, p.12 - reference given below).

^[65] Robert Hart (1997). Beginning a long journey. Health Canada: Family Violence Prevention Division.

^[66] Jones, C. (2000). Levels of racism: A theoretic framework and a gardener's tale. American Journal of Public Health, 90, 1212-1214.

^[67] Howden-Chapman, P. & Tobias, M. (2000). (Eds.), Social inequalities in health: New Zealand 1999. Wellington: Ministry of Health. p.162.

^[68] Mikaere, A. (1994). Maori women: Caught in the contradictions of a colonised reality. Waikato Law Review, 2, 125-149. p.125.

^[69] Davis, A. (2000). The colour of violence against women. Keynote address at the 'Colour of Violence Conference', Santa Cruz, April 29-30, 2000. http://www.are.org/C_Lines/CLArchive/story3_3_03.html.

^[70] Cf. Hart, R. (1997). 'Beginning a long journey': A review of projects funded by the Family Violence Prevention Division, Health Canada, regarding violence in Aboriginal families. Health Canada: National Clearinghouse on Family Violence. Homepage: http://www.hc-sc.ca/nc.cn.

^[71] This table is partially drawn from our work on evaluating Maori programmes within prisons and Community Corrections: Cram, F., Pihama, L., Karehana, M. & McCreanor, T. (1999). Evaluation of the Framework for Measuring the Effectiveness of Corrections Programmes for Maori: A Report to the Department of Corrections. Commissioned by the Department of Corrections, Wellington. 89pp. It also draws on the work of Robert Hart (1997). 'Beginning a long journey': A review of projects funded by the Family Violence Prevention Division, Health Canada, regarding violence in Aboriginal families. Health Canada: National Clearinghouse on Family Violence. Homepage: http://www.hc-sc.ca/nc.cn.

Australian Indigenous Law Reporter