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It's Not A Crime To Abuse An Elder In New Zealand: Call For Change

Positive Ageing Trust Hawke’s Bay Trustees Back left to right: Greg Mawson (Napier City Councillor), Bruce Carnegie (President of Grey Power Napier), Ron Wilkins (President of Hastings Grey Power), Wendy Schollum (Hastings District Councillor and Positive Ageing Trust Chair)  Front left to right: Terry Kingston (Central Hawke’s Bay Age Concern HB), Les Hewett (recently retired trustee), Kirsteen Keene (Manager of Heretaunga Seniors)  (Photo/ Supplied)

As we mark World Elder Abuse Awareness Day on June 15, the Positive Ageing Trust Hawke's Bay is sounding the alarm on the escalating issue of elder abuse in our country. Despite alarming statistics, elder abuse is not recognised as a specific criminal offence in New Zealand. Current laws address general offences like assault and fraud, which do not sufficiently protect older adults from abuse.

According to the Office for Seniors, only 1 in 10 cases of elder abuse are reported. Age Concern Hawke’s Bay received 418 referrals in the past year, a significant increase from the previous year's 330. The data indicates a critical need for updated strategies and stronger legal frameworks. 75% of elder abuse cases involve family members, with 43% of abusers living with their victims. More than half of the abusers are adult children or grandchildren.

Challenges nationwide include the lack of specific legislation or legal mandates, complications with the Enduring Power of Attorney (EPOA) when the holder is the alleged abuser, reluctance of victims to report due to dependence on abusers, and low reporting levels, limiting the ability to address the issue effectively.

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Countries like Australia, the United States, and the United Kingdom have implemented robust laws to protect their elderly populations. Australia's mandatory reporting laws, in place since the 1990s, have significantly increased reporting rates and improved responses to elder abuse. The United States treats elder abuse as a serious criminal offence, with dedicated enforcement units leading to higher prosecution rates and better protection for victims. The United Kingdom’s specific laws on elder abuse emphasise the importance of a dedicated legal framework.

“We urge the government to take immediate action to bring us in line with countries like Australia, the US and the UK by adopting more robust laws to protect our elderly,” said Wendy Schollum, Chair of the Positive Ageing Trust Hawke's Bay and Hastings District Councillor. “Changes must include mandatory reporting laws, increased funding for elder abuse response services, and making elder abuse a specific criminal offence. This will not only provide the utmost protection and recognition of our elders as national taonga but will also demonstrate a strong societal commitment to addressing this growing problem. Our elderly deserve to live with dignity, free from fear and abuse.”

“It's essential that Minister for Seniors, Hon Casey Costello, and the Director of the Office for Seniors champion these reforms.”

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