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Overture 9

A National Process for the Hearing of Complaints of Sexual Harassment

At St Peter's Mt. Wellington, Auckland on 9th July 2002, the Presbytery of Auckland met and was constituted.

At St Giles' Church, Kilbirnie, Wellington on 16th July 2002, the Presbytery of Wellington met and was constituted.

Among other things:

Each Presbytery agreed to adopt jointly and transmit the following overture to the General Assembly of the Presbyterian Church of Aotearoa New Zealand appointed to meet in Wellington on 22 September 2002.

Whereas it is essential that our church's complaints procedures should provide a consistent, professional and just hearing process for all, through all presbyteries,

And whereas presbyteries are facing increasing costs of time, energy and funds to hear and process complaints of sexual harassment,

And whereas since ordained ministers are accountable firstly through presbyteries to the whole Church, (in training and ordination), this is a matter for the whole church to take responsibility,

And whereas lay and ordained leaders in the church must have an equivalent complaints process,

And whereas issues of confidentiality and disclosure often mean there is little information exchange with full presbytery, between presbyteries and beyond the Church about such matters when a minister shifts presbyteries,

And whereas the cost of covering a hearing is a great drain on a presbytery's funds; the current indemnity insurance of the Presbyterian Church only covers cases brought before a Court of the land, and there is no coverage for cases heard in a court of the Church, where most of our complaints are dealt with.,

And whereas the availability of professional legal expertise, from those who are familiar with all the issues, is crucial but is not affordable in many presbyteries,

And whereas the mission of the Church in each Presbytery is sidetracked with the cost of necessary recruiting, funding and training of suitable people to the level of expertise needed.

It is hereby overtured:

(1) That the Presbyterian Church adopt a national process for the hearing of complaints of sexual harassment.

(2) That a Task Group be established to consult with presbyteries, the Forum of Co-operative Ventures Standing Committee, those in presbyteries currently responsible for implementing Sexual Harassment procedures, the Book of Order Rewrite Task Group, and other interested parties and to formulate the best way to implement such a process, to keep it as simple as possible and to include funding.

(3) That the Task Group direct the Book of Order and Judicial Reference Group to formulate appropriate regulations.

(4) That the Task Group consider any other such matters that relate to Complaints Procedures, such as

(a) The keeping of national records of upheld complaints and disclosure within presbyteries, between presbyteries and beyond the Church.

(b) The voluntary or compulsory adherence by ministers and church staff to the Code of Pastoral Ethics (Book of Order E 19A)

(c) A form of Indemnity Cover for cases that are heard within the church courts,

(d) The use of mediation as a confidential means to resolve complaints, in a manner that respects the position of both complainant and respondent

Or that the General Assembly determine otherwise as in its wisdom it shall consider best.

The Presbytery of Auckland appoints Mr Cunny Aitchson and Rev. Sandra Warner, and the Presbytery of Wellington appoints the Rev Tom Etuata and Mr Glen Labrum to support the overture before the Assembly

Extracted from the records of the Presbytery of Auckland by

Trevor Mosley

Presbytery Clerk

of the Presbytery of Wellington by

Jill Taylor

Presbytery Clerk

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