Sexual Harm - External Resolution Options

Last modified on
August 9, 2024
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External Resolution Options

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When sexual harm has happened, there are a range of options for people to take both within their workplace and outside their workplace. This page provides

information about some of the external options available in the community to help people resolve complaints, reports or issues about sexual harm when it has

happened. Here we lay out some of the options.

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Mediation

Mediation is a process to help people work through issues and try to come up with solutions themselves. Mediation can only happen if both people agree to

take part. Mediation can take place in person, over the phone, by email or by

other forms of communication. The person who’s been harmed doesn’t have to be in the same room as the other person involved. The mediator will discuss

which option is most suitable and will work to keep everyone safe through the

process.

Free mediation is available through:

  • ‍Human Rights Commission - 0800 496877
    email: infoline@hrc.co.nz
    website: www.hrc.co.nz.
    For more information about the services available check out this HRC document

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  • ‍Employment New Zealand (MBIE) - 0800 20 90 20
    email: info@employment.govt.nz
    Website: www.employment.govt.nz

Note: Employment NZ provides services for employees, while the Human Rights Commission provides services for employees, contractors, volunteers etc.

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Restorative Processes

A restorative approach involves appointing a practitioner to facilitate a discussion in a safe and supportive way using the principles of restorative justice. This approach provides the opportunity for people who have been harmed, and those responsible for the harm, to come together to talk about what happened and why; how they have been harmed; who else has been harmed, including any ripple effects in the wider community; and how the impact or harm can be repaired or addressed. A restorative approach requires acknowledgement of responsibility and everyone agreeing to participate. If you are unsure whether this approach is right for your situation you may want to discuss it with a restorative practitioner before deciding. Restorative practitioners will usually charge for their services and so you will need to discuss and agree fees and who pays before appointing them.

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Restorative Justice Practitioners:

  • Project Restore
    website: www.projectrestore.nz
    phone: 09 3089712
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    Specialising in safe restorative justice for people affected by sexual harm, Project Restore works with all involved to tailor make a process that meets the needs of all participants while remaining driven by the victim/survivor’s needs at all times.
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Independant Investigation Services

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If the PCBU decides to undertake an independent investigation into a complaint, it will first need to identify and appoint a suitable person to act as the investigator. This should be someone who is trained to carry out investigations into sexual harassment complaints and not biased or otherwise involved.

There are a number of lawyers and licensed workplace investigators who offer these services across Aotearoa. You can email us for contact details of potential investigators in your region.

Independent investigators will charge for their services and so you will need to discuss and agree fees before appointing the investigator. Email: info@screensafe.co.nz

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Making a Complaint about Sexual Harassment

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Sexual harassment is a breach of both the Human Rights Act 1993 and the Employment Relations Act 2000. This means that employees, contractors and volunteers can make a complaint about the harassment. The relevant external agency will depend on whether you are an employee or a contractor:

  • If you’re an employee, you can either make a complaint to the Human Rights Commission (see above) or you can raise a personal grievance under the Employment Relations Act 2000 with the employer and lodge a claim with the Employment Relations Authority.

    ‍    Employees must choose one of these but not both.

    Personal grievances should be raised within 90 days of when the personal grievance arose or first came to the employee’s attention (whichever is the later). For more information about the process check out www.employment.govt.nz

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Click here to learn more about making a complaint about sexual harassment or contact the above services.
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When making a complaint to either the Human Rights Commission or Employment Relations Authority the first step is that you will be offered free mediation (see Mediation above).

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Reporting a Criminal Offence

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Some sexual harassment is also a criminal offence. For example touching the sexual parts of another person’s body without their consent is indecent assault and is also against the Human Rights Act 1993 and the Employment Relations Act 2000.

Depending on which law has been broken, criminal offences can be reported to either:

  • Police - (dial 111)
  • NetSafe
  • Department of Internal Affairs

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For more information about whether sexual harassment is also a criminal offenc and reporting processes please contact:

‍HELP on 0800 6231700

or the National Sexual Harm Helpline:

Safe to Talk on 0800 044 334.

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Contact details for external agencies:

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  • NZ Police:
    in an emergency call 111. For non-urgent calls please call 105

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  • Netsafe:
    Text ‘Netsafe’ to 4282,
    phone: 0508 NETSAFE (0508 638 723),
    email: help@netsafe.org.nz
    or report online at www.netsafe.org.nz/report

    NetSafe can provide help and support with online challenges including breaches of the Harmful Digital Communications Act like online bullying, unwanted sexual activity online and online abuse.

    ‍

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* Please note that sexual harassment can ripple out into a community or workplace. Before thinking about external resolution options, it can be useful to ensure that all
  parties have support.

   Look at our Support: How To Get Help page to check out the various support options available.

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Thank you to SoundCheck Aotearoa for their generous sharing of this External Resolutions webpage.

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