External Resolution Options

When sexual harm has happened, there are a range of options available both within and outside the workplace. This page provides an overview of external resolution options available within the community to help address and resolve complaints, reports, or issues around sexual harm when it has happened.

Mediation

Mediation is a process where people work with a neutral third party to work through issues and come up with solutions. It is voluntary and can only proceed if all parties agree to participate.

Mediation can take place in person, over the phone, or through other communication methods. The person harmed does not need to be in the same room as the other party. Mediators will discuss suitable arrangements and work to ensure a safe process for everyone involved.

Free mediation services are available through:

Restorative Processes

A restorative process involves the appointment of a trained practitioner to facilitate a discussion in a safe and supportive way, based on the principles of restorative justice.

This approach allows for those who have been harmed, and those responsible for the harm to come together to:

  • Discuss what happened and why

  • Understand the impact of the harm, including wider ripple out effects into the wider community

  • Explore ways to repair or address that harm

A restorative approach requires:

  • Acknowledgment of responsibility

  • Agreement from all parties to participate

You may wish to speak with a restorative practitioner to determine whether this approach is appropriate for your situation.

Restorative practitioners typically charge fees for their service, which should be agreed in advance.

Restorative Justice Practitioners:

  • Project Restore - +64 9 308 9712 or email info@projectrestore.nz
    Specialises in safe restorative justice processes for sexual harm with a focus on survivor-centred approaches.

  • Jon Everest, Orange Umbrella - jon@orangeumbrella.co
    Independent Auckland-based restorative justice practitioner with experience working sexual harm cases.

  • Aspen Restorative Consulting - info@aspenrestorativeconsulting.com
    Wellington-based team of restorative justice practitioners with experience working with sexual harm and have familiarity with music industry contexts.

Independent Investigation Services

Where a PCBU decides to undertake an independent investigation in relation to a complaint, a qualified and impartial investigator should be appointed.

The investigator should:

  • Have experience in investigating sexual harassment complaints

  • Be independent of the situation

  • Have no conflicts of interest

Independent investigators may include lawyers or licensed workplace investigators operating across Aotearoa. Independent investigators will charge for their services so costs should be discussed and agreed upon before an investigation begins.

SoundCheck Aotearoa can provide contact details for potential investigators on request.

Making a complaint

Sexual harassment breaches both the Human Rights Act 1993 and the Employment Relations Act 2000. Employees, contractors, and volunteers can make a complaint. The relevant external agency will depend on whether you are an employee or a contractor:

Contractors and volunteers

You can make a complaint to the Human Rights Commission. Such complaints usually need to be raised within 1 year.

Phone: 0800 496 877
Email: infoline@hrc.co.nz
Website: https://tikatangata.org.nz

Employees

You can either:

  • Make a complaint to the Human Rights Commission, or

  • Raise a personal grievance with your employer under the Employment Relations Act and, if needed, take the matter to the Employment Relations Authority

You must choose one option, not both. Personal grievances should generally be raised within 90 days of the issue arising or becoming known. See the Employment Relations Authority website for more information.

For a personal grievance based on sexual harassment under s 103(1)(d) of the Employment Relations Act, an employee has 12 months to raise the grievance with an employer. The 12 months runs from when the conduct occurred or when it came to the employee’s notice, whichever is later.

Reporting a criminal offence

Some forms of sexual harm are also criminal offences. For example, non-consensual sexual touching may constitute indecent assault, which is an offence under the Crimes Act 1961 as well as a breach of workplace and human rights legislation.

Criminal offences can be reported to Police, Netsafe and the Department of Internal Affairs depending on the nature of the offence. For advice on whether behaviour may be a criminal offence and how to report it, you are welcome to contact our Sexual Harm Prevention and Response Advisor Service (SHAPRA) or speak with HELP Auckland at 0800 623 1700 (if related to sexual harm).

NZ Police

In an emergency and where there is threat to life, please call 111. For non-urgent matters, please call 105 or go to 105 Police Non-Emergency Online where you can file a police report.

Netsafe

Netsafe can provide help and support with online challenges that breach the Harmful Digital Communications Act such as online forms of bullying, unwanted sexual activity, and abuse.

Text Netsafe to 4282

Call 0508 NETSAFE (0508 638 723)

Email help@netsafe.org.nz

Make a report online at netsafe.org.nz/report

Department of Internal Affairs

The DIA handles complaints about objectionable material including child sexual abuse content. For more information about filing a complaint of this nature, please see their website.