In the previous topic, we started to explore the ethical nature of our practice as youth workers using the Code of Ethics for Youth Work in Aotearoa New Zealand (the Code of Ethics).1 We focused on the first four principles of Mana Taiohi as defined by Clauses 1–13 in the Code of Ethics.
In this topic, we continue our journey through Mana Taiohi in the Code of Ethics for Youth Work in Aotearoa New Zealand. We’ll explore the principles of Whanaungatanga, Manaakitanga, Whai wāhitanga and Mātauranga in more detail.
We also briefly look at the legislation framework that informs how we work with young people in Aotearoa New Zealand, following on from the last topic when we looked at rights and responsibilities. New Zealand has signed up to international agreements like the United Nations Convention on the Rights of the Child (UNCROC) which is introduced later in this topic.2 This is implemented through our legislation, public policy, government departments and funding. While you do not need in-depth knowledge of these documents and legislation, you should be aware of them as they impact the policy and procedure you work under every day, and they are part of the Code of Ethics.
Working under our Code of Ethics for Youth Work in Aotearoa New Zealand is essential for developing safe spaces for youth work in Aotearoa New Zealand.
Review
Before we move on, see what you can remember from the last topic. Without looking at the Code of Ethics for Youth Work in Aotearoa New Zealand see if you can complete these sentences.
When you are done, go to the ‘At a Glance’ section in the Code of Ethics and check your answers in Clauses 1–13.
What is whanaungatanga in youth work?
Once again, you will work very closely with the Code of Ethics for Youth Work in Aotearoa New Zealand throughout this topic, so keep your copy handy.1 Here is the description of ‘whanaungatanga’ given in the Code of Ethics:
Whanaungatanga is about relationship, kinship and a sense of whānau connection. It relates to all relationships in a young person’s life, including those in the digital space. When we prioritise whanaungatanga we invest in high trust relationships that are reciprocal, genuine, authentic, intentional and mana enhancing. Young people are supported with a strong foundation of belonging.The Code of Ethics
Watch this short video (0:59) and think about the following questions.3
- What is whanaungatanga about for young people?
- What is a high-trust and authentic relationship like?
- When do young people want to form relationships with adults?
Task: Whanaungatanga clauses in the Code of Ethics
The principle of whanaungatanga frames four of the 24 clauses in the Code of Ethics for Youth Work in Aotearoa New Zealand. Read pages 35–37 of the Code of Ethics and try these activities.
Task: Whanaungatanga principle in practice
Read the article ‘Whanaungatanga’ by Jono Harrison and note this quote4:
Whanaungatanga is about developing and maintaining quality relationships with all young people and encouraging young people to build to that – Whanaungatanga – consistently building a wider whānau network.
Keeping in mind what you’ve heard and read about whanaungatanga, consider each of these questions:
- How would you describe a quality relationship?
- How do you develop and maintain relationships as part of your professional practice?
- Which things help to strengthen these relationships?
- Which things make it more difficult to develop and maintain these relationships?
- How do you encourage and support young people to build and maintain quality relationships in their lives? What things work well?
- What things make it harder for young people to maintain and develop relationships?
Task: Reflect on Pasifika insight
Read ‘Insight from a New Zealand-born Samoan’ on page 45 of the Code of Ethics for Youth Work in Aotearoa New Zealand.1
- Think of a time when it was hard for you to understand a young person’s behaviour or attitude due to differences in culture or religion. What did you do in this situation? How did you realise what the core issue was?
- Think about the young people you work with. If you are in a situation and need help to understand a young person’s needs, where do you go to get information, advice or support?
Kia awatea
It is not always easy to be transparent (honest) and authentic (real) in our relationships with others. Transparency helps create relationships of trust – others know what to expect and can depend on us. Young people feel more connected when they can trust and have confidence that the adult working with them is ‘keeping it real’.
Here are some things you can do to help maintain transparency in your practice. These six rules or skills are based on an article titled ‘6 rules for being transparent with teens: Authentic relationships lead to engagement’ by Julie Baron at Edutopia.5
Explain processes
It is normal, appropriate, and positive for young people (and their whānau/family) to question your authority. Be open and willing to explain what the process is and why. When we ask then to participate, give them a reason to want to be involved and open to what is asked of them. Be upfront, honest, and open about agendas. Then, people can envision their participation in advance and ask questions before making informed decisions. They are more likely to feel committed to the process because they made the decisions themselves. When we explain what we are doing and why, cooperation is more likely.
Clarify roles
Adults often play multiple roles in the lives of young people, with colleagues or the community. A teacher may be a coach, neighbour or family friend. A youth worker might also be part of an institution like school, police, church or social agency. This can be confusing, especially for young people, so be proactive and clarify the roles in each situation. Talk about what they can expect from you and what your expectations are of them in different settings.
Correct mistakes
Mistakes are inevitable and even a necessary part of learning and growing. Role model for young people a positive way to handle mistakes in life. Invite and be open to feedback. Listen and respond with willingness to understand the young person’s point of view on the situation or your behaviour. When it is necessary, respond by making genuine changes and corrections. Also, acknowledge that they were right to point out the error or raise the issue so you could learn from it and correct a situation or relationship. Being willing to learn from mistakes increases respect, communication and makes the youth work relationship stronger.
Admit you do not know
There is no shame in not knowing something. If a young person asks a question and you do not know the answer, or something you said turns out to be incorrect, own it. Be a role model on how to navigate a situation like this. Refusing to admit you are wrong will backfire. Young people are experts at spotting phonies. Admitting you do not know something or that you were wrong only shows that you are human. It builds credibility and makes you more relatable.
Solve problems together
Most young people’s executive functioning skills are not yet fully developed. When faced with life and other challenges they often display poor judgement and ineffective decision making. Support young people by modelling approaches for dealing with challenges, disappointments, problems and ‘getting stuck’. Model being open, honest and ‘real’ about a situation. Communicate clearly and make the process of problem solving explicit. Work together with them in a way that is supportive and safe, but that empowers them to come up with solutions. Use it as an opportunity to develop stronger and more authentic connections. (Note: executive functioning skills are things like adaptable thinking, planning, organisation, self-monitoring, self-control, memory recall and time management.)
Give honest feedback
Advocating for yourself means giving honest feedback in a productive, diplomatic way, using language appropriate for the situation. Model how to give feedback. Encourage young people to give you and others honest feedback in an appropriate way. Make the process of giving good feedback explicit and explain its effectiveness. For example, calling a young person “stubborn” can stop communication. However, calling it “strong determination” while highlighting its positive aspects is strength-based feedback without negative judgement.
Matatapu
Who is someone in your life you share private or very personal information with? Why do you trust this person?
Read Clause 15 ‘Matatapu | Confidentiality’ on page 35 of the Code of Ethics. How would you answer these questions?
- What is confidentiality in youth work? And why is it important?
- What limits does confidentiality have in youth work?
- How should you apply confidentiality in your work with young people?
Confidentiality is essential to any professional work with people. This includes young people.
Working with confidentiality has two parts. First, you have to understand what it means in your context. Second, you need to be able to explain it effectively to those you work with. How you do this will depend very much on who you are working with, what the issues are and your legal or organisational obligations.
Watch this video (5:55) on privacy and confidentiality in working with young people.6 While the video is Australian, the information also applies to New Zealand.
Explore further
In this video, 'Explaining Confidentiality To Clients' by Jasmine Ama (6:54), a social worker explains what confidentiality means in her context and how she talks about it with her particular clients.7 You may find this interesting or useful to your own work.
Compare what she talks about to your own context. It may be different but pay attention to the values and principles she uses to approach confidentiality in her practice.
What does Manaakitanga in youth work look like?
The Code of Ethics describes Manaakitanga this way1:
Manaakitanga is expressing kindness and respect for others, emphasising responsibility and reciprocity. It creates accountability for those who care for young people, relationally or systemically. When we uphold and extend manaakitanga from a distance, safeguarding collective hauora includes adequate resources and training for people who work with young people. Young people who experience strong manaaki have a safe and empowering space, and feel accepted, included and valued.The Code of Ethics
Task: Manaakitanga in youth work
Watch this video (1:39) and think about these questions.8
- What does it mean to experience manaakitanga?
- What can manaakitanga mean for those working with young people?
- What is manaakitanga for young people?
Task: Manaakitanga clauses in the Code of Ethics
The principle of Manaakitanga frames three of the 24 clauses in the Code of Ethics for Youth Work in Aotearoa New Zealand.
Read pages 38–41 of the Code of Ethics and answer these questions.
Task: Manaakitanga in practice
In this video, Dr Valance Smith from AUT University talks about the history and meaning of ‘manaakitanga’ (4:39).9 The audio quality is not the best, but the speaker’s words make up for it! Think about how he unpacks the meaning of manaakitanga and talks about its application to different contexts.
- How does this explanation help you understand the connection between the three clauses (Kia aroā, Āu ake whāinga and Haumaru) in the Code of Ethics for Youth Work in Aotearoa New Zealand?
- How might this understanding of manaakitanga apply to your role and youth work context?
Task: Reflect on transparency and personal agendas
Read the ‘Scenario insight’ on page 39 in the Code of Ethics for Youth Work in Aotearoa New Zealand.1 Consider the reflection questions in the scenario and the questions below:
- How does the situation in the Scenario insight relate to manaakitanga?
- How would you approach this situation?
- How do you balance a public life with ethical youth work practice? Especially if your public life involves things like politics, activism, media, religion, culture or organisations with distinct agendas, values and viewpoints?
Task: Manaakitanga and online safety
Read ‘Perspective from the Disability Community’ on page 40 of the Code of Ethics. Think about these questions.
- How does manaakitanga apply to these two stories?
- How can manaakitanga helps us to approach the issue of safety for disabled young people, and the issue of online safety for young people in general?
Explore further
If you would like to view a more in-depth explanation of manaakitanga, select this link to the Manaakitanga page on the Ara Taiohi website.10 Scroll to the bottom of the page to watch the Kōrero Café video featuring youth worker Sharon Davis. You can also check out her accompanying article ‘Manaakitanga 101’ under the video.
Kia aroā | Self-awareness
In psychology and philosophy, the concept of ‘the self’ is the idea that we or I exist as an object in the world and as a subject of experience. We have a conscious understanding of who we are and what the world and other people are, which is a subjective reflection of that understanding. How we understand ‘self’ and ‘others’ is deeply rooted in our cultures and the values passed to us, usually when we are very young, by those cultures.
Self-awareness means being able to see our self-reflection with a certain level of clarity about what that ‘self’ is and how it is being mediated through our culture, background and early life experiences. Self-awareness exists on a spectrum. In some situations, we may be able to understand who we are, our behaviours, values and motivations, but in others we are not even aware of our own subjectivity.
Am I my thoughts? Or am I someone observing my thoughts? As humans we can choose to focus on our thinking, emotions and behaviours as an act of objective self-evaluation. We can use our conscious awareness to look at ourselves as other see us. To judge our thoughts and emotions as others would judge them.
We need to develop our self-awareness so that we know when we may be unintentionally manipulating a young person, their family or a situation. Or be mindful of when our personal agendas or self-interest are driving our practice rather than thinking about what is best for the young person and supporting them to make their own decisions and form their own opinions.
Task: Developing your own self-awareness
Read the article ‘What Is Self-Awareness and Why Is It Important?’ by Courtney E. Ackerman on the website Positive Psychology.11 This article explains the psychology of self-awareness and its benefits, including ideas on things you could do to improve your own self-awareness. If you do not want to read the whole article, make sure you at least read the sections on ‘What is Self-Awareness Theory?’, ‘4 Proven Benefits of Self-Awareness’, ‘3 Examples of Self-Awareness Skills’ and ‘5 Ways to Increase Your Self-Awareness’.
Identify one or two ideas you can put into practice, either at work or in your personal life.
Explore further
If you would like a succinct explanation of what ‘self’ can mean in psychology, read the article ‘What is self-concept?’ by Kendra Cherry at Verywell Mind.12 You may find these ideas useful, not just for trying to understand yourself, but to help understand what is going on with the young people you work with.
Self-concept is how you perceive your behaviour, abilities, and unique characteristics. For example, beliefs such as ‘I am a good friend’ or ‘I am a kind person’ are part of an overall self-concept. Self-concept tends to be more malleable when you’re younger and still going through the process of self-discovery and identify formation.Kendra Cherry
In the TEDx Talk video ‘6 Steps to Improve Your Emotional Intelligence’, Ramona Hacker argues that we need to think of emotional intelligence as a crucial skill in society.13 You can choose to watch the entire video if you have time, but here’s what she says from 6:25 to 6:58:
We also don’t give our kids, for example, the space to learn the skill [of emotional intelligence]. Kids nowadays they are supposed to be good in school, do sports, play an instrument, learn a foreign language, and maybe even some additional things. They don’t get the chance to get to know who they are, connect to themselves and to their emotions. And a fundamental part of being emotionally intelligent means knowing who you are.Ramona Hacker
What does Whai wāhitanga in youth work look like?
Let’s begin by reviewing this description of whai wāhitanga from page 42 of the Code of Ethics1:
Mana is the authority we inherit at birth and accrue over our lifetime. It determines the right of a young person to have agency in their lives and the decisions that affect them. It acknowledges self-determination, empowered citizenship and authentic learning. From this flows whai wāhitanga, participation. We enable young people to be empowered to participate when we allow all young people to navigate and participate in the world, rather than privileging the voices of a few. Young people are supported to choose their level of engagement in decisions that affect them.The Code of Ethics
Watch this video explaining how whai wāhitanga applies to youth work (1:18).14 As you watch the video, think about these questions.
- What is whai wāhitanga? What does it mean for young people?
- How can youth work help support whai wāhitanga?
Task: Whai wāhitanga clauses in the Code of Ethics
The principle of whai wāhitanga frames only one of the 24 clauses in the Code of Ethics for Youth Work in Aotearoa New Zealand: Clause 21 ‘Whakamana | Empowerment’. Read pages 42 and 43 of the Code of Ethics.
Whai wāhitanga principle in practice
Watch the TEDx Talk video below (11:59) as Watene Campbell tells his story.15
- What does the principle of whai wāhitanga mean in this context? Think about not only the content of the speech but also its location and creation process.
- What can we learn from this about what it means to support youth empowerment, or whakamana?
Explore further
If you would like a deeper understanding of the role of whai whāhitanga in youth work, read the article ‘Whai Wāhitanga – Youth Participation in Aotearoa: before 2020 and beyond’ by Sarah Finlay-Robinson, Rod Baxter and Hannah Dunlop.16 You might recognise that first name – Sarah Finlay-Robinson also contributed supplementary information about Article 12 of the United Nations Convention on the Rights of the Child, included on page 43 of the Code of Ethics.
You may also choose to watch the accompanying Kōrero Café video discussion on the same topic.17 Note: the participants (Rod Baxter and Hannah Dunlop) are introduced at about 4:13 and the discussion itself at 15:46.
Both the video and the article are long, but well worth the time if you are interested in exploring the concept further within the context of working with young people in Aotearoa New Zealand.
The United Nations Convention on the Rights of the Child (UNCROC) is an international agreement New Zealand has signed on to. It sets out civil, political, economic, social and cultural rights for every child. In New Zealand, the Children’s Commissioner is the official body whose role is to ensure we, as a society, implement and maintain the principles of the UNCROC. This includes, when necessary, keeping pressure on our law makers and major institutions.
UNCROC is relevant to you in your role working with young people. In the previous section, we looked at whakamana in the Code of Ethics for Youth Work in Aotearoa New Zealand.1 This included supplementary information about Article 12 of UNCROC, which identifies nine basic conditions necessary for the voices of young people to participate and be heard in society’s decision making.18
Here are the key points of the nine preconditions necessary for effective and authentic youth participation:
Provide young people with the right amount and kind of information so they can express informed viewpoints. Give the right amount of weight and considerations to their contributions. Communicate with them that their views are being taken into consideration, what the purpose of their participation is, and its potential impacts.
Do not force young people to share their views if they do not want to. Communicate clearly that they can stop their involvement in any situation and at any stage of the process.
Respect the views of young people. Give them opportunities to participate and to initiate ideas. Acknowledge and build on effective instances of their participation. Educate yourself on their socio-economic, environmental and cultural contexts.
Ask young people to express their views on issues relevant to their lives in a way that enables them to draw on their knowledge, skills and abilities. Create space to enable them to highlight and address issues they believe are relevant and important.
Adapt environments and methods to suit young people. Make available sufficient time and resources for them to be well-prepared, develop confidence and have opportunities to express their views. Different young people will need different levels of support according to things like their age or capabilities.
Avoid existing patterns of discrimination. Encourage participation opportunities for young people who may be more marginalised than their peers. Young people and their situations are not all the same. Provide culturally appropriate equity of opportunity for participation for all young people.
Provide appropriate training for adults working with young people so that as youth workers they can be prepared, skilful, effective, capable and supportive in how they facilitate youth participation. Allow young people to be involved themselves as trainers and facilitators on how to promote effective youth participation.
In some situations, it can be risky for young people to express views openly. Take responsibility to put precautions in place to minimise any negative consequences, including violence or exploitation, of youth participation. Develop a clear protection strategy that recognises the risks faced by groups of young people. They need to be aware that their rights are protected and know where to go for help if they need it.
Commit to follow up and evaluate. Give young people clear feedback on their participation and how it has influenced outcomes. Where appropriate, give young people the opportunity to participate in follow-up processes and activities. Evaluate young people’s participation, where possible together with the young people themselves.
Youth voices
Watch this video (7:50) to see and hear young people themselves describe how Article 12 impacts them.19
Task: Children’s Convention
Read this summary of the Children’s Convention by the Office of the Children’s Commissioner – which includes a breakdown of the 54 articles of the convention in child-friendly language – and see if you can answer the following questions.20
Explore Further
Here is a collection of online sources for reference or further study:
Learn more about the individual Articles of the United Nations Convention of the Rights of the Child (UNCROC) in this online resource produced by the Children and Young People’s Commissioner of Scotland – most of it is transferable to the New Zealand context.21
If you want to browse the full text of the United Nations Convention on the Rights of the Child you can do so at this link on the website of the Office of the High Commissioner for Human Rights.22
A full breakdown and explanation of Article 12 is provided by the United Nation’s General Comment 12: The right of the child to be heard.18
What does Mātauranga mean in the youth work context?
The final Mana Taiohi principle is ‘Mātauranga’. Here is how it is described in the Code of Ethics1:
Mātauranga refers to knowledge, wisdom, understanding and skill. It includes research, individual experience, customary and cultural knowledge, and the beliefs and ideals held by young people and their whānau. Good information is useful, timely and meaningful, it honours indigenous thinking, it is evidence based and translated for the recipient to reflect on. We can strengthen mātauranga by weaving together these different forms of knowledge and making them relevant to the decisions facing young people and their whānau. Being empowered by rich and diverse mātauranga informs both young people and people who work with them towards personal growth. Young people actively participate in making meaning of information and are supported to make holistic, positive choices for themselves and for their whānau. People who work with young people are supported to actively reflect on their relationships and practice.The Code of Ethics
Task: Mātauranga in youth work
Watch the video (1:38) and answer the questions.23
- What is mātauranga?
- What mātauranga do we have? What mātauranga do young people have?
- How do we strengthen mātauranga?
Task: Mātauranga clauses in the Code
The principle of Mātauranga frames three of the 24 clauses in the Code of Ethics for Youth Work in Aotearoa New Zealand. Read pages 44 and 45 of the Code of Ethics.
What is supervision?
Supervision is a professional process where you work with a supervisor to reflect on your youth work practice. Supervision is a mix of reflection, learning, problem solving, mentoring and ethical exploration. The goal of supervision is for an experienced professional to support your practice through regular sessions of reflective listening to empower your professional growth and improve your practice. Specific supervision goals are up to you and your supervisor.
Supervision must be with someone you trust and respect. You must have confidence that this person is able to really listen to you and facilitate you to reflect on your own practice. A good supervisor is someone who can help you identity solutions, opportunities and outcomes, as well as your limitations and where you may need further support or professional development. A supervisor should be very familiar with ethical principles and integrate them into their own practice. They must be able to protect the privacy and safety of both you and any young people you discuss during a session.
Supervision has many benefits. It is space when you can take time to really focus reflection on your practice, your professional growth and personal wellbeing. Good supervision should leave you feeling affirmed, supported and with improved confidence. Supervision can give guidance in dealing with difficult issues and situations. It can help you identify burnout and other negative influences on your practice. Supervision is an opportunity for learning, personal growth and accountability.
Task: The benefits and functions of supervision
Take some time to explore the Supervision Scrapbook – A resource for youth workers and anyone working with young people (second edition).24 Start at the contents page on page 3 and look at the following questions. Then, click through to the section or page that you think will provide the answers to these questions. For instance, for the first question, you might want to start at ‘Why have it? Purpose of supervision’ on page 7.
- What are the benefits and purposes of supervision?
- What are the functions of supervision?
- How does this relate to your professional situation or youth work practice?
Task: Professional development
Read Clause 24 ‘Te whakapakari me te ako | Professional development’ in the Code of Ethics for Youth Work in Aotearoa New Zealand and reflect on subclause 24.4 – Youth workers consider and reflect on their long-term career path.
Think about what your long-term career goals are and how this course can assist you to achieve those goals and improve your practice working with young people.
Rights and legislation in youth work
In this section, we look briefly at some of the legislation that covers our legal obligations when working with young people. This legislation is also covered by the Code of Ethics for Youth Work in Aotearoa New Zealand.1 Most youth workers do not need in-depth knowledge of the legislation so long as they comply with their organisation’s policies and procedures and align their practice with the Code of Ethics.
At a minimum, youth workers should be aware of key compliance obligations they and their organisation are impacted by. You may develop more patience with your job’s paperwork and bureaucratic requirements once you understand why your organisation and manager put so much emphasis on certain things. Compliance failure can have serious consequences for organisations – from losing funding to even being shut down or facing charges.
The Code of Ethics has several clauses that relate directly to legislation compliance and working with youth. Clause 10 ‘Ngā Tikanga | Rights and Responsibilities’ subclauses 10.2 and 10.3 state that youth workers need to acknowledge rights-based legislation and that youth workers must be aware of legislation, public policies, systems and strategies that affect young people in Aotearoa New Zealand.
The Children’s Act 2014
The purpose of the Children’s Act 2014 is to protect and improve the wellbeing of vulnerable children so they can thrive, achieve and belong. Under the Act, six different government departments are responsible for the wellbeing of children and young people:
- New Zealand Police
- Ministry of Health
- Ministry of Education
- Ministry of Justice
- Ministry of Social Development
- Oranga Tamariki – Ministry for Children
Under the Children’s Act 2014, anyone engaged to work with young people and children is subject to safety checking. They must be vetted and police-checked, and if they have specific serious convictions – such as child abuse, sexual offending and/or violence convictions – they must not be employed as a core worker. Employers can be charged with an offence under the Act if they breach this restriction.
Please read the following to become familiar with essential compliance obligations:
- There are links from this ‘Children’s Act requirements’ webpage on the Oranga Tamariki website for an overview of the Children’s Act and an explanation of the safety checking requirements.25
- You can read more about the workforce restrictions on core worker roles at this link on the Ministry of Justice website.26
Health and Safety at Work Act 2015
The Health and Safety at Work Act 2015 (HSWA) protects people from harm in the workplace to a very high standard of safety. WorkSafe is New Zealand’s primary regulator of workplace health and safety. Under the Act, WorkSafe has the power to enforce (regulations, inspections) and an obligation to educate employers and employees about their rights and responsibilities. Worksafe develops processes, guidelines, communications and literature to support compliance.
Under HSWA, all employers must take all steps that are reasonably practicable to protect the health and safety of all workers, anyone workers are responsible for, anybody else on site and anyone who may be put at risk by an organisation’s activities.
Working with children and young people is likely to include extra safety considerations, such as:
- illness and infection; children and young people may have less developed immune systems
- lifting or carrying young people with disabilities; pushing and pulling heavy loads; slips, trips and falls
- stress due to added responsibility of working with young people, their issues and families; systems and plans should be in place to help reduce youth worker stress and fatigue
- violence – physical, mental or emotional; risk can be prevalent in some youth work environments and can impact work performance.
The Health and Safety at Work Act 2015 gives both employers and employees an active role in the development and maintenance of workplace health and safety systems at their workplaces.
Explore further
You will learn more about compliance under HSWA while working with young people in later topics in this Module. But if you wish to explore further now, here are some general background resources on Worksafe’s website.
- Who we are: Role and responsibilities27
- Workers: Your rights and obligations28
- Getting started: Introduction to the Health and Safety at Work Act 2015 – special guide29
Oranga Tamariki Act 1989 | Children and Young People’s Well-being Act 1989
The Oranga Tamariki Act 1989 or Children and Young People’s Well-being Act 1989 (the two names refer to the same Act, which used to be known as the Children, Young Persons, and Their Families Act 1989 until July 2017) introduced a new way of dealing with children and young people in dangerous situations that required their removal. The Act also set out how children and young people were dealt with in the youth justice system. It introduced family-focused processes like family group conferences and aimed to make children the priority. It introduced the role of Children’s Commissioner to help New Zealand follow international guidelines on the rights and welfare of children, such as the United Nations Convention on the Rights of the Child (UNCROC). In 2019, some small amendments were made to the legislation, including a section on duties and obligations under Te Tiriti o Waitangi and a new support service for youth transitioning in and out of state care.
Overall, anyone whose work is subject to procedures and processes in the capacity of youth justice or the safety and care of children must be aware of this legislation. Those working with youth in other areas should also familiarise yourself with how these laws apply in practice, so that if you find yourself working with any young person involved with these processes, you will be better informed to offer appropriate support.
Oranga Tamariki is the government department responsible for administering this legislation.30 If this legislation is important for the work you do, spend some time exploring the explanations of their processes and requirements at their website.
Explore Further
If you are curious, here is a link to the text of the Oranga Tamariki Act itself and a blog post explaining the amendments that were made in 2019.
- New Zealand Legislation – Oranga Tamariki Act 1989 | Children’s and Young People’s Well-being Act 198931
- The New Zealand Family Violence Clearinghouse – ‘Changes under Oranga Tamariki Act 1989 in effect from 1 July 2019’32
Privacy Act 2020
The Privacy Act 2020 covers the collection, use and disclosure of personal information by organisations, employers and employees. The Act sets out what personal information is, what information is not appropriate to collect, when it can be collected, and under what conditions. It also covers how this information can and cannot be used, stored, shared or disclosed. For example, New Zealanders’ personal information generally may not be shared with agencies in other countries; some types of personal information may be anonymised and used as general data as long as no information that could identify specific individuals is included.
Working with youth often involves collecting personal information, which sometimes must also be stored or even disclosed. Make sure you know what your organisation’s policy and procedures are for compliance under the Privacy Act 2020.
Here is a breakdown of the basic principles of the Privacy Act 2020 provided by Consumer NZ.33 Although written for consumers, it provides a good overview of the key parts of the Act in plain English.
Explore further
If you would like to know more about information privacy in New Zealand, you can sign up to the e-learning website of the Office of the Privacy Commissioner. You will need to set up an account, but their training modules are all free to access and you can complete them in your own time.34
You should start with either Privacy ABC, which provides a quick overview of how the Privacy Act applies to agencies that collect people’s personal information, or Privacy Act 2020, which gives a rundown of the important aspects of the Act.
Human Rights Act 1993
The purpose of the Human Rights Act 1993 is to protect people in New Zealand from discrimination and to stop unfair or unequal treatment. The Act sets out the role of the Human Rights Commission to protect human rights in accordance with United Nations Conventions and Covenants like UNCROC. Under this Act, everybody has the right not to be discriminated against due to:
- race
- sexuality
- experiences with family violence
- religion
- gender
- age
- political views.
The Human Rights Act 1993 sets out how to make a compliant and the processes of the Human Rights Commission. Everybody deserves to be treated fairly and have their rights protected. This is a requirement of New Zealand law.
The Bill of Rights Act 1990
The Bill of Rights Act 1990 sets out a range of civil and political rights that were agreed on in the United Nations International Covenant on Civil and Political Rights. Included are the rights to:
- freedom of expression
- religious belief
- freedom of movement
- be free from discrimination.
Under the Act, anyone working in government, with or for a government agency or carrying out public functions must observe these rights. Youth also have these rights. As a youth worker, you are subject to this Act and have a responsibility to promote and encourage young people’s rights in these areas.
Explore Further
If you would like to learn more, here is an overview of both the Human Rights Act 1993 and the Bill of Rights Act 1990 from the Human Rights Commission.35
How do you develop an ethical youth work practice?
Ethical maturity in youth work does not happen overnight. It takes time and experience to know how to judge well what the right and wrong ethical behaviours are in a situation. And it takes experience to make good decisions in areas of conflict in which you have to give weight to competing values.
Be patient with yourself. Use your professional Code of Ethics as a guide, be aware of compliance requirements and your organisation’s policies and procedures, and get supervision. When you are faced with a complex situation and are not sure how to interpret clauses in the Code of Ethics, talk it over with a mentor, supervisor or more experienced colleague.
Think of ethical practice as a journey you are on that will never arrive at its destination. Your ethical maturity is continually evolving as you grow professionally.
Task: Components of ethical maturity
Read through the six components of ethical maturity for youth workers.36 From time to time, refer back to these six points as you apply ethical decision making to your practice.
Have you read, explored further and reflected on at least one of these four Mana Taiohi principles in the Code of Ethics for Youth Work in Aotearoa New Zealand?
- Whanaungatanga
- Manaakitanga
- Whai wāhitanga
- Mātauranga
Have you thought about:
- what this principle means for the young people you work with and for your role as a youth worker?
- how you apply at least one of the clauses under this principle in your practice?
Select one clause and explain:
- what ‘best practice’ means for your and/or organisation within your youth work context
- why putting this clause into your practice makes you more effective in your role.
Make notes of stories or examples from your organisation, or from your experiences with young people, to support your explanations.
Are you aware of your organisation’s compliance requirements under New Zealand Law?
In particular, do you understand the basics of:
- The Children’s Act 2014
- Article 12, United Nations Convention on the Rights of the Child
Do you know how they relate to the work you do and how they fit with the Code of Ethics as best practice youth work in Aotearoa New Zealand?
You are now ready for Task 1 of Assessment 2.1 and Task 2 of Assessment 2.4
