OF THE MAINTENANCE OF MINISTRY STANDARDS:

1.

Survivor focus

2024 with consequent renumbering below

2.

Duty to have regard to bishop’s role

3.

Who may complain

4.

Initial assessment

5.

Due process and natural justice

6.

This Church as the Informant

7.

Informing of progress

8.

Timeliness and efficiency

2024

9.

State processes

Licensing Bishops, Archbishops and the Registrar must bear in mind obligations to advise complainants, if it is appropriate, to take their complaints to other persons, groups or agencies including the Police.

The application of "Duties of Clerical Office," and "Pastoral Relationships" (Title D, Canon I, clauses 5 and 18) will take due account of the expectations and customs of each Tikanga within this Church of Ministers within that Tikanga.

All complaints and all processes must be managed by the Ministry Standards Commission and its Registrar in a manner that honours and upholds expectations of culture and tikanga in the local community in which the conduct giving rise to the complaint occurred.  Those involved in prosecuting proceedings and in tribunals must have recognised experience with and/or have advice about that culture or tikanga.

2024

This Church has a duty to provide appropriate pastoral care and support both to any complainant and the respondent and the Registrar shall satisfy himself or herself that such support has been offered.

No Bishop, Minister or Office Bearer may be subject to this Title D process more than once in connection with the same incident or breach of standards.

Church communities need to be protected from damage by Ministers and Office Bearers who fall short of proper standards and also from harm done by unfounded or malicious complaints.

14.

The provisions of this canon shall have effect for the purpose of regulating proceedings against any Bishop, Minister or Office Bearer against whom a complaint has been received.

(a)

any complaint received after their commencement on
25 January 2021 regardless of when the conduct complained of occurred; and

16.

No disciplinary proceedings under this Title D may be instituted where a complaint deals with an event or events which have previously been the subject of a complaint which has been determined.

2022

(a)

the form of complaints;

(c)

any filing fees to be paid for any application and scales of costs which may be imposed in relation to proceedings;

(e)

the form of notification to respondents;

(g)

the steps to be taken prior to a hearing by any tribunal.

18.

Every complaint alleging a breach of standards received by a Bishop, Minister or Office Bearer must be notified to the Registrar in writing.

(a)

whether the conduct complained of, if proven, could constitute unsatisfactory conduct or misconduct;

(c)

whether the complainant has a proper interest in making the complaint;

(e)

whether the event or events have already been complained of and the complaint has been resolved so that clause 16 applies.

(a)

conducted a service of blessing which has been authorised pursuant to Title G Canon XIV clause 8;

(c)

preached or taught that such services are, or are not, consistent with Holy Scripture and the doctrine of this Church.

(a)

authorised a service pursuant to Title G Canon XIV clause 8;

(c)

preached or taught that such services are, or are not, consistent with Holy Scripture and the doctrine of this Church.

23.

Having assessed the complaint the Registrar shall within 30 days of receipt of a complaint, or such further period of time the Registrar considers justified in the circumstances of the case, provide a written report to the Licensing Bishop or, in the case of a complaint about a Bishop, the Archbishop, setting out the Registrar’s assessment of the complaint and the recommended course of action.

(a)

if the behaviour complained of, if proven, would constitute unsatisfactory conduct and none of clause 19(b) to (e) apply recommend that the Licensing Bishop or, in the case of a Bishop, the Archbishop resolve the complaint;

(c)

if it is found the complainant has no proper interest in making the complaint recommend it be dismissed;

(e)

if it is found the conduct has already been complained of and the complaint has been resolved recommend it be dismissed;

(g)

if the Registrar considers on reasonable grounds that the complaint is vexatious recommend that it be dismissed.

26.

At the same time as the complaint is received or as soon as practicable thereafter, both the complainant and respondent shall be provided with the name of a person to be available to each of them  for their pastoral support, chosen by the Registrar from the list of persons available to act as chaplains in that capacity.

2022

28.

Within 30 days of receipt of a notice of recommendation and a copy of the written report under clause 23 the complainant or the respondent may ask the Chair of the Ministry Standards Commission to review the recommendation.  Such review shall be on the papers and shall not require an in-person hearing.  The review may be undertaken by one or more people delegated the power to do so by the Ministry Standards Commission, and shall be completed within 30 days.

2024

2022

2024

(a)

reverse the decision and direct the complaint proceed in accordance with clause 24(a) or (b) (as appropriate); or

30.

Where a complaint is remitted to the Registrar for reconsideration and the Registrar recommends dismissal of the complaint following that reconsideration then clauses 28 and 29 of this canon will not apply.

32.

The Registrar may delegate any investigation work undertaken under this section to such person as he or she may designate.

33.

Where the Registrar considers the complaint to be one of unsatisfactory conduct then the further handling of the complaint will be solely at the discretion of the Licensing Bishop or, in the case of a Bishop, the Archbishop, and an acknowledgement of the outcome is to be conveyed to the Registrar within one month of the date of the resolution.  The outcome shall not prevent the issuing of a ‘safe to receive’ letter although the fact of the complaint and its resolution may be noted.

2024

(a)

a process of reconciliation carried out in accordance with the principles of the relevant Tikanga;

(c)

requiring the respondent to undertake further training or counselling.

PART E –

FURTHER HANDLING OF COMPLAINTS OF MISCONDUCT

Institution of proceedings

(a)

the Registrar will appoint a Church Advocate responsible for conducting the case on behalf of this Church from the list maintained by the Ministry Standards Commission;

(c)

the Church Advocate will then prepare, in accordance with any regulations prescribed by the Ministry Standards Commission, a formal document (Complaint) setting out the conduct alleged, the date and place of the conduct where that is possible, and the particular breaches of canonical obligations alleged;

38.

The costs of the Church Advocate, if any, will be met by the Ministry Standards Commission.

40.

As the complainant is not a party the Church Advocate must regularly communicate with the complainant as to the progress of the tribunal proceeding.

41.

If, on receipt of a complaint the Registrar considers, on reasonable grounds, that a complaint is one that, if proven, would constitute misconduct and the continuation in office of the respondent could expose others to a risk of harm then:

(b)

the Registrar must then proceed to prepare the written report required under clause 23; and

42.

If a respondent is suspended from office and/or ministry under clause 41 then the respondent may immediately apply for the institution of disciplinary proceedings in which case:

(b)

the respondent may make an application to the tribunal for the suspension to be lifted;

(d)

the tribunal shall not recommend to the Licensing Bishop or, in the case of a Bishop, the Archbishop that the suspension should be lifted unless the tribunal is satisfied that:

(e)

the Licensing Bishop or, in the case of a Bishop, the Archbishop shall follow the recommendation of the tribunal relating to the lifting of suspension.

43.

On the institution of a disciplinary proceeding the Church Advocate may apply to the tribunal for the respondent to be suspended from office and/or ministry pending a final determination.

45.

The tribunal must recommend suspension to the Licensing Bishop or, in the case of a Bishop, the Archbishop if satisfied that:

(b)

there is an appreciable risk that continuation in office and/or ministry would expose others to the risk of harm or would adversely affect the Ministry of this Church.

47.

The Licensing Bishop or, in the case of a Bishop, the Archbishop must follow the recommendation of the tribunal relating to suspension.

49.

Any determination and recommendation of the tribunal to suspend a Minister or Office Bearer may be appealed under Part F of this canon.

50.

On the institution of a disciplinary proceeding, the respondent may apply to a tribunal for an order that the disciplinary proceeding be determined by way of an order that it be permanently stayed.

52.

The tribunal may only determine the application having heard from both parties.

(a)

there was an inexcusable delay in the institution of the disciplinary proceeding; and

54.

The Licensing Bishop or, in the case of a Bishop, the Archbishop must follow the recommendation of the tribunal relating to a permanent stay of the disciplinary proceeding.

2022

The tribunal

(a)

A minimum of three people including:

2024

(ii)

One non-ordained person;

2024

(b)

Up to two additional members may be appointed to ensure appropriate cultural expertise is provided to the tribunal.  Such additional members shall be full members of the tribunal and shall be appointed by the relevant Tikanga;

2024

(d)

Any member of the tribunal may fulfil more than one of the above requirements.

2024

58.

In any proceeding before any tribunal constituted under this Part:

(b)

the standard of proof to be applied by the tribunal shall be that of proof on the balance of probabilities;

(e)

the tribunal may, in considering or determining any question of law before it (including any issues as to the meaning of Canons and regulations of this Church) have regard to prior decisions of any tribunal and shall follow any decision of an Appeal Tribunal on that question of law;

(g)

if the tribunal is unable to agree on any matter being considered by it, then the chair of the tribunal shall have a casting vote.

2024

Outcomes where misconduct is found

61.

Where the tribunal determines there has been misconduct then the tribunal may recommend to the Licensing Bishop or, in the case of a Bishop, the Archbishop one of the following outcomes having considered prior authorities and also tikanga considerations:

(b)

suspension from the exercise of Ministry or office for the extent and duration considered appropriate by the tribunal which may include suspension of the whole or part of any stipend;

(d)

deposition from the exercise of ordained ministry including all the consequences of deprivation and meaning the permanent taking away of the right to perform the duties of every office for which Holy Orders are required, and ineligibility for re-election or re-appointment to that office, or any other office in this Church.

63.

Any of the outcomes under 61(a) to (c) may include a requirement that the respondent undertake further training or counselling or other steps, including such training counselling or other steps as a precondition of continuation or restoration of license.

2022

65.

The Licensing Bishop or, in the case of a Bishop, the Archbishop shall impose the outcome recommended by the tribunal.

67.

Where deprivation or deposition of office or Ministry is imposed the Bishop shall give written notice to ministry units in that Episcopal Unit and advise all Licensing Bishops in this Church and all Primates of the Anglican Communion.

68.

The tribunal shall report its determination and the reasons for it in writing to:

(b)

the Registrar;

(d)

the complainant; and

69.

The determination of the tribunal and reasons for it shall be made public by the Commission as soon as practicable after the expiry of the appeal period at clause 75 unless the tribunal is satisfied that such publication would:

2024

2022

(b)

cause undue hardship to the complainant, or any person connected with him or her or them or with the respondent; or

(d)

endanger the safety of any person; or

(f)

prejudice the maintenance of the law of New Zealand or any of legal jurisdictions in the Diocese of Polynesia or internal Church discipline, including the prevention, investigation, and detection of offences in which case the tribunal may order the suppression of the names of the complainant or the respondent or any evidence or submissions put before it.

Consolidated and anonymised data about complaints received, their category, nature, and outcomes will be published by the Commission.

2024

72.

Subject to any suppression orders made pursuant to clause 69, and in addition to any other requirements for notification;

2022

(b)

the Registrar will maintain a database containing the written record of the findings and recommendations of any tribunal which shall:

(ii)

be available for access by any Church tribunal under this Title D for the purposes of considering any question of law or what outcome it is appropriate to recommend in light of the misconduct found.

PART F - APPEALS

(a)

the respondent may appeal on a question of law or fact; and

There shall be no appeal from any interlocutory decision of a tribunal, which is final.

76.

Any person may make an application to the Appeal Tribunal at any time for a Special Appeal either to re-open a disciplinary proceeding which has already been determined, or to commence a fresh proceeding, or to introduce new evidence in a complaint proceeding which is before a tribunal or an Appeal Tribunal.  Notwithstanding clause 16, the Appeal Tribunal may admit further evidence or give such directions as it thinks fit to admit further evidence which is fresh, credible and cogent.  Evidence is fresh only where it could not, with reasonable diligence, have been produced at the time a complaint procedure was or could have been heard.  The power given to the Appeal Tribunal by this clause is available only in circumstances which the Appeal Tribunal finds are exceptional and compelling.  The Appeal Tribunal shall make such further directions for the proceeding to be remitted to a tribunal, or otherwise, and for the hearing of the proceeding, as it thinks fit.

2022

78.

The Appeal Tribunal for appeals consists of five members including:

2022

(b)

the Primate / te Pīhopa Mātāmua of this Church (or where there is more than one, then one of them chosen by themselves); and

(d)

A member of the House of Clergy appointed by the Provincial Chancellor, in consultation with the Ministry Standards Commission, for the particular appeal;

2022

79.

No one shall be a member of the Appeal Tribunal who might reasonably be apprehended to be biased.

81.

The Ministry Standards Commission will prescribe regulations for the rules of giving notice of appeal and every appeal must conform to those rules.

83.

The Appeal Tribunal may only consider issues explanations and facts other than those placed before the tribunal if it is satisfied that they may be relevant to the determination made by the tribunal and is satisfied by the party seeking to introduce them that party could not by exercise of reasonable diligence have placed them before the tribunal, and that because of exceptional circumstances it is fair to consider them.

84A.

The Appeal Tribunal may disregard any technical deficiencies or errors in the process or decision of the tribunal where the Appeal Tribunal is satisfied that the error or deficiency did not impact on the substance of the decision or outcome.

2024

86.

The Appeal Tribunal must report its determination and the reasons for it in writing to:

(b)

the Registrar;

(d)

the complainant; and

87.

The determinations of the Appeal Tribunal must be made public in accordance with clause 89 unless the Appeal Tribunal is satisfied that such publication would:

2022

(b)

cause undue hardship to the complainant, or any person connected with them or with the respondent; or       

(d)

endanger the safety of any person; or

(f)

prejudice the maintenance of the law of New Zealand or any of the legal jurisdictions in the Diocese of Polynesia or internal Church discipline, including the prevention, investigation, and detection of offences

88.

Neither the name of the complainant nor any information which may reasonably lead to the identification of the complainant shall be made public in the absence of a request from the complainant.

(a)

the findings and recommendations of the Appeal Tribunal shall be published by the Ministry Standards Commission; and

(i)

be accessible to the public including on the website of this Church or other digital platform;

90.

The costs of the Church Advocate for any appeal will be met by the Ministry Standards Commission subject to any regulations issued by the Ministry Standards Commission.

92.

The costs of the Appeal Tribunal will be met by the Ministry Standards Commission.