Our Commitment
The Catholic Church in Aotearoa New Zealand is committed to responding to all concerns of sexual abuse or misconduct with compassion, humility, and integrity.
We recognise that experiences of harm can be deeply personal and profoundly affecting. We hold with care the courage it takes to come forward, and we acknowledge the lasting impact such experiences may have.
Our response is grounded in our responsibility to uphold the dignity of every person, to seek truth with honesty, and to support healing wherever possible. We are committed to walking alongside all who are affected, with respect, sensitivity, and care.
Our Guiding Principles
A. Looking After People
At the heart of this process is a commitment to care for people. We seek to accompany all those involved with compassion, respect, and attentive pastoral care. Our approach is trauma-informed and centred on those who have experienced harm.
We are committed to ensuring that:
- each person is treated with dignity and heard with respect
- support is offered at every stage
- reporting concerns to Police or other authorities where necessary (this will be discussed with you first)
- Taking steps, where needed, to keep individuals and communities safe.
We recognise that each person’s experience is unique, and we seek to respond in a way that is sensitive and responsive to individual needs.
B. A Fair Process
We are equally committed to a process that is just and fair. Acting with integrity, accountability, and transparency, we seek to balance care for individuals with our responsibility to uphold justice.
All concerns are handled:
- impartially and without prejudice
- in accordance with natural justice
- in line with both civil and canon law
We aim to ensure that the process is careful, balanced, and respectful of the dignity and rights of all involved.
Contacting Us to Share Your Experience
Anyone can raise a concern or share information about possible abuse, harm, or misconduct. You can do this in the way that feels safest and most comfortable for you – in person, by phone, in writing, or online via the report page. You can contact us anonymously.
We recognise that coming forward can be difficult. Those who do so will be met with care and respect.
When someone comes forward:
- they will be listened to attentively and without judgment
- their information will be received with sensitivity and care
- they will be offered support including counselling and pastoral care
- they will be provided with support if they wish to make a report to the Police
We are committed to creating an environment where people can share their experiences when they choose to do so. We honour the courage it takes to speak about abuse and will listen with respect and care.
What Happens First
All concerns are referred promptly to appropriate Church authorities. This means the National Office for Professional Standards (NOPS), as well as the bishop where the incident occurred, and any religious superior if the accused person belongs to a religious congregation.
At this early stage:
- the concern is carefully and respectfully considered, so we can understand its nature
- support is offered to those involved
- authorities, such as the Police, are involved where required
Where a Police investigation is underway, the Church will cooperate fully and will pause its own processes as needed, as any police process will take priority.
Rights and Fairness
The church seeks to honour the dignity and rights of every person.
- Respondents are presumed innocent unless proven otherwise
- Both parties are entitled to support
- Decisions are made carefully and conscientiously
- Keeping information confidential, except where sharing is needed for safety or legal reasons
We recognise that sharing your experience can be difficult and, at times, distressing.
Whether you are bringing forward a concern or are responding to one, you will be treated with dignity, respect, and care. You will not be left to navigate this alone — support is available at every stage.
Our hope is that, through working with the Church, truth may be sought with integrity, and healing gently supported.
The Preliminary Investigation
This stage seeks to understand what may have occurred. It usually involves:
- meeting with the person who has raised the concern
- gathering relevant information
- preparing a factual summary of the information received
We try to minimise the need for people to repeat their experiences. We also ensure appropriate support is available.
This stage provides an opportunity to consider the information received and determine whether any further action is needed.
A bishop is responsible to ensuring the process to followed correctly
After the Preliminary Investigation
Once the preliminary investigation is complete, the Bishop will consider how best to proceed. This decision is guided by the principles of justice, compassion, and the good of all involved.
This may include:
- referring the matter to the Holy See (Rome)
- beginning a formal Church process
- seeking independent review
- moving towards resolution and redress
- or determining that there is no case to answer
Both the complainant and the respondent will be informed of the outcome and the reasons for the decision in a way that is respectful and clear.
Referring the Matter to the Holy See (Rome)
In certain cases, such as allegations involving the abuse of a child by a priest or misconduct connected to confession, the Bishop is required to refer the matter to the Holy See and seek guidance on next steps.
If this occurs, you will be informed and kept updated as the process unfolds.
Beginning a Formal Church Process
Where a formal Church process is required, this will be explained clearly and respectfully.
Those involved will be supported throughout, including access to appropriate advice and representation, such as a canon lawyer.
Seeking Independent Review
An independent body, the Complaints Assessment Committee (CAC), may be asked to review the information.
This group:
- considers the available information with care and independence
- makes recommendations to the bishop about the complaint
- suggests appropriate responses
These may include:
- an apology
- counselling and support
- redress
- safeguarding measures
- or steps to restore a person’s good name
The Bishop considers these recommendations and makes a final decision.
Outcomes and Support
Whatever the outcome, the Church remains committed to care and accompaniment.
If a complaint is upheld:
- the harm will be acknowledged with honesty
- an apology will be offered
- support and redress options will be discussed
- steps will be taken to ensure safety and prevent further harm
If a complaint is not upheld:
- pastoral support remains available
- steps may be taken, where appropriate, to address any reputational harm
In all situations, we remain mindful of the human impact of the process and the need for ongoing care.
Review of Process
If a church trial or other process has taken place, you will be advised of your right of appeal. If the matter has been considered by the Complaints Assessment Committee, either party may request a review within 3 months. A review considers whether the correct procedures were followed.
Confidentiality and Records
All information is handled with care, respect, and sensitivity.
- Records are securely maintained in accordance with legal and Church requirements
- Privacy is protected
- Information is shared only when necessary for safety or required by law
Special Situations
Some matters require particular sensitivity and discernment, including:
- complaints involving bishops or senior leaders
- anonymous or complex concerns
- situations involving potential conflicts of interest
In all such cases, the same commitment to care, justice, and accountability applies.
Details about when it is necessary to follow other Church process can be found in the Procedure Document (link).
Procedure in Detail
Endorsed by the Executive Committee (of the Mixed Commission) for Professional Standards July 2026
Procedures
1. Receiving and Managing Complaints
1. When any information is received regarding sexual abuse, crime or misconduct:
a. It will usually be a complaint, but not always,
b. It must be received respectfully,
c. If not already in writing, it is to be recorded in writing somehow, and
d. Is to be referred as soon as practicable to either the:
i. The Ordinary (normally the local Bishop) of the place of the alleged abuse, or
ii. National Office for Professional Standards (NOPS).
2. The information or complaint can be:
a. received personally – face to face,
b. by phone or post,
c. by email, or any other form of communication,
d. anonymous or informal. Anonymous or informal information will be accepted if there is a reasonable basis to believe misconduct has occurred.
3. The person who receives the information must not attempt to investigate, but is to:
a. ensure the complainant is treated with compassion,
b. Inform a complainant:
i. of their right to support and counselling,
ii. that they may, and perhaps should, report the matter to Police,
iii. that their information will be treated sensitively and
iv. New Zealand Privacy Act and Church Law protections will be observed. (can220, 471)
c. Explain that this information will be forwarded to:
i. The Ordinary where the event occurred, and
ii. NOPS, and that
iii. These people have the task to follow up on this information
d. Safely pass the information to the Ordinary of where the alleged events occurred and/or NOPS in a timely manner.
4. No one may impose confidentiality on victims or witnesses regarding their report
2. Initial Assessment of Information
1. When NOPS receives the information before the Ordinary of the alleged events:
a. NOPS is to assess:
i. If the information /complaint of abuse at least seems to be true; and
ii. If the information/complaint meets the definition of Sexual Abuse, or Sexual Misconduct, and
iii. If the complaint may involve NZ criminal conduct or canonical criminal conduct.
b. NOPS is to ensure the Complainant is offered pastoral, advocacy and legal support options.
c. NOPS is to report sexual abuse or sexual misconduct concerning clerics or religious to the Ordinary of the place of the alleged events, and to the Ordinary or superior of the person reported (VE 2§3; VM31). NOPS is to include in the report their opinion regarding section (a) above.
d. If the information may be criminal conduct according to New Zealand law
i. Complete any mandatory reporting, and
ii. Seek advice of the Police and cooperate where needed. This may include formally reporting the information to the Police, a school board or Oranga Tamariki for further action
e. If the matter does not fall within the definition of sexual abuse or sexual misconduct, with the complainant’s consent NOPS is to refer the information to the relevant Ordinary or Religious Superior for further action.
2. When an Ordinary (or a Religious superior) receives information of alleged abuse:
a. He is to notify:
i. The Ordinary of the place of the alleged incident,
ii. The Ordinary (or Superior) of the accused person, and
iii. NOPS.
b. The Ordinary of the place of the alleged events and Bishop or Superior of the accused person consult each other regarding an investigation.
i. The Ordinary of the place of the alleged events will normally take charge of the investigation, unless the TWO Ordinaries agree otherwise. (VE3.3)
ii. If the accused is not a cleric, then the Ordinary of the place of the alleged events takes charge, and the Ordinary is to consult the Superior of the person.
c. The Ordinary of the alleged events is to begin a preliminary assessment. (VM 16)
i. Any compulsory reporting to civil authorities is to be observed,
ii. Any criminal investigation by civil authorities is to be cooperated with.
3. When a civil criminal investigation is taking place:
a. The Ordinary of the alleged events will not proceed with the Preliminary Investigation until there is agreement with the police to proceed.
b. When criminal investigations are closed, the Ordinary of the alleged events opens a Preliminary investigation by Decree. (can 1717) (see below)
4. If the Information concerns bishops, major religious superiors, or other senior leaders:
a. The Archbishop of Wellington is to take charge.
b. If the Archbishop is absent or implicated, the Senior Suffragan (senior Diocesan Bishop available at the time) is in charge.
c. All reports must be transmitted to the competent Dicastery through the Nuncio for instruction. (VE Art. 8–10).
5. Potential Conflicts of Interest.
Because the church in NZ is small, individuals in charge of some part of the process may have close relationship with either the complainant, the alleged victim, or abuser. Should, the person become aware of this state, they shall:
a. Recuse themselves from the case.
i. If A Religious Superior, the bishop of the alleged event to take over the investigation, and a senior Counsellor to oversee the case from the Order’s side.
ii. If a bishop, The Archbishop will take charge of the case.
iii. If the Archbishop, then the next available senior Diocesan Bishop will take charge of the case.
b. In all cases, the Bishop, or the Religious Superior shall appoint another to take the pastoral care and oversight of an accused person he is investigating.
3. Preliminary Investigation
1. In the Decree Opening a Preliminary Investigation, the Ordinary of the alleged events is to appoint
a. An Investigator (who may be “NOPS” but not always)
b. Notary, who should be a priest if a priest is accused.
2. The Investigator shall:
a. Ensure pastoral support has been offered to the complainant.
b. Obtain a comprehensive interview of the complainant(s). This needs to be comprehensive so that we do not need to ask twice.
c. Complete the DDF tabula summary (fact sheet)
3. The purpose of the investigation is to establish:
a. Whether the information seems to be true, and
b. facts and circumstances surrounding the case, and
c. imputability of the person, that is:
i. identity of the accused, and
ii. whether there is sufficient basis for a penal process.
iii.any other facts for the DDF Sheet.
4. The fact sheet (tabular summary) produced by the Dicastery for the Doctrine of the Faith or a similar one for the Dicastery for Religious is completed.
5. The Investigator reports to the Ordinary of the alleged events with the above information, and
a. who has been interviewed,
b. other possible witnesses,
c. other lines of inquiry,
d. completed DDF form.
6. The Ordinary, satisfied that there has been sufficient preliminary investigation,
a. closes the Preliminary Investigation by Decree, and
b. determines next course of action (can 1718) after consulting two judges (see below)
7. At any stage of the process, given that they have been notified:
a. The accused may be made subject to precautionary measures (Administrative Leave Can. 392 and 1722.)
b. An accused can apply for a dispensation from the obligations of the clerical state or from their religious vows.
4. Crimes Reserved to the Holy See
1. If the Matter is reserved to the Holy See, and the cleric/religious is living
a. The Ordinary of the alleged events is to,
i. gather the acts of the case
ii. write a votum (his opinion of the matter.)
b. The Notary is to notarise the documentation with:
i. proper page numbering,
ii. an adequate Index, and
iii. confirming signature.
c. The Ordinary of the alleged events is to send case to the relevant Dicastery through the Nuncio, and
d. Await further instruction as to how to progress the case.
2. If Local Bishop does not notify The Dicastery in a timely manner, then :
a. The Archbishop or the next available senior Diocesan Bishop is to do so.
b. NOPS or anyone else can notify the Holy See of this failure.
5. Other Crimes
1. When the Ordinary of the alleged events determines that the Preliminary investigation has shown there is sufficient information for a penal process, the case proceeds according to the canons 1720 ff:
2. If the cleric/religious is living but the matter is not reserved to the Holy See, the Ordinary of the alleged events will consult with any affected Superiors of the accused, and then do one or more of:
a. Decide the allegation(s) are proven with moral certainty and decide on any precepts, warnings, punishment or restrictions of the accused and move to resolution phase and redress with the complainant,
b. Decide to Initiate a Trial or an Extrajudicial Process; or
c. Direct NOPS to undertake further investigation particularly if a religious brother or sister is accused, and seek a recommendation from Complaints Assessment Committee, (see paragraph 6 below)
3. If the cleric or religious is dead, the Ordinary of the alleged events,
a. May direct NOPS to complete further investigations and seek a recommendation from Complaints Assessment Committee (see paragraph 6 below), or
b. May accept the general facts of the matter and move to the resolution phase and redress with the survivor. This means
i. the Superiors of the accused are consulted,
ii. the Ordinary and superior will agree to a general outline of redress, understanding that the response will be “survivor-focused”.
iii. the responsibility for Investigation costs, redress payments and other things lies with the Superior or Ordinary of the accused,
4. If the accused has lost the clerical state or abandoned ministry,
a. The Ordinary of the alleged events, through NOPS, must ensure that Police involvement is completed before any internal investigation proceeds (approval from the police is needed to proceed with a preliminary investigation)
b. The Ordinary will decide if the allegations concern a crime reserved to the Holy See
c. the Ordinary may decide the allegations require further investigation from NOPS and a recommendation from the CAC, or the application of the special faculties
d. the Ordinary may accept the general facts of the matter and move to the resolution phase and redress with the survivor. This will include:
i. consulting the Superior of the accused,
ii. the Ordinary and Superior will agree to a general outline of redress, understanding that the response will be “survivor-focused”.
e. the responsibility for Investigation costs, redress payments and other things lies with the Superior or Ordinary of the accused, or the accused himself/herself.
5. When the Bishop determines that the Preliminary investigation has shown there is no case to answer:
a. The Major Superior of the accused is consulted,
b. The complainant and, if applicable, the accused are notified,
c. Parties are advised of their right to review, appeal or recourse.
d. In the letter informing the complainant, the person is invited to approach NOPS again should any further information come to light.
6. Instructions for Undertaking Further Investigation
1. Precautionary measures are taken in accordance with Can. 1722 and 392 to safeguard the course of justice. Actions can include prohibitions to exercise ministry, directions to live in a certain place, administrative leave, pastoral support and appointment of advocate
2. Further investigation may be by a trial, extrajudicial process, or NOPS investigation
6.1 Further investigation by NOPS
1. When a delegate from NOPS, or another agent is appointed to continue the investigation. They shall:
a. Investigate themselves, or
b. Appoint an Independent Investigator who is:
i. Impartial,
ii. Appropriately qualified,
iii. Free from conflicts of interest and, if such arise, recuse themselves.
c. Interview the complainant if not already done, ensuring:
i. A support person is present.
ii. Consent forms are completed.
iii. The interview is as comprehensive as possible.
d. Interview the accused. should this also have ‘ensuring’ as above?
i. Sufficient notice is to be given (at least 7 days).
ii. Accused has a right to a canonical advocate and support person.
e. Interview any witnesses
f. Record all statements accurately.
i. The written transcript or statements are to be noted as verified.
g. Maintain confidentiality.
i. No unauthorised sharing of statements or identities.
ii. Privacy Act and protection of victims and witnesses are paramount
h. Gather relevant information regarding the accused, location, any similar complaints.
i. Compile a written report including strengths, weaknesses, credibility assessments, and corroboration findings.
j. Preserve all relevant evidence and documentation, and archive it appropriately.
2. The report does not determine guilt, but summarises evidence for the Complaints Assessment Committee (CAC).
3. Investigations should complete inquiry within 6 months unless extenuating circumstances exist.
6.2 Complaints Assessment Committee (CAC) Actions
1. The CAC reviews the Investigator’s report and provides its recommendation to the bishop about the case.
2. These recommendations may include its opinions as to the credibility of evidence, and supporting factors in the case, as well as any appropriate actions the Ordinary and/or Congregational Leader might take, including apology, restitution, or sanctions.
3. NOPS is to document and archive all CAC proceedings securely under a Retention of Documents Policy.
6.3 Ordinary’s Responsibilities
1. When the Ordinary in charge of the investigation receives the case file and recommendations from the CAC, he will read the case and decide upon an appropriate response.
All decisions observe the presumption of innocence and the principle of proportionality in sanctions (VM Art. 44–47).
2. If the case involves a member of a religious order, or another diocese, the Ordinary will communicate with superior/Bishop of the respondent and together they will:
a. Decide resolution and follow up,
b. Communicate decisions respectfully to both Complainant and Respondent,
c. Ensure pastoral support, restitution, and healing opportunities for victims, families, and affected communities.
d. Implement sanctions or restrictions for the accused as required.
3. If the case involves one of his own clergy or members, the Ordinary will, after consulting his support team,
a. Decide resolution and follow up,
b. Communicate decisions respectfully to both Complainant and Respondent,
c. Ensure pastoral support, restitution, and healing opportunities for victims, families, and affected communities.
d. Implement sanctions or restrictions for the accused as required.
4. If a Respondent is exonerated, the Ordinary assist in reputation restoration and reintegration into ministry
7. Review and Record Keeping
1. A complainant or respondent may request a review of the process within 30 days of notification of the closure of the case if they believe the process was not followed.
2. Reviews focus only on process integrity, not re-evaluation of evidence or findings.
3. All complaint files and related correspondence must be securely archived by NOPS according to a Retention of Documents Policy.
4. Periodic training and audits must ensure all staff understand and follow these procedures.
5. A copy of the case is to be stored in the confidential archive of the Diocesan curia of the alleged events. (VM Art. 73).
8. When a Cleric is Found to be Innocent through a Church Trial
1. When a cleric or religious is found to be innocent of a complaint through a church trial or extra judicial process:
a. A record of the complaint and the whole file concerning the matter is to be kept in the confidential archives of the Ordinary of the alleged events and the Ordinary of the accused.
b. There is to be a brief note in the personnel file of the accused stating that he was found to be innocent of a complaint. was made against the accused. No reference is to be made to the complaint in any request for information or reference.
c. This is done to preserve the good name of the individual concerned.
2. If, during a trial or an Extrajudicial process, it emerges that a safeguarding complaint is not true:
a. the process may be terminated, but the accused may ask that it continue so there is a declaration of innocence, and
b. the relevant Ordinary is informed.
c. NOPS and the relevant Local Ordinary keep records filed in reference against the complainant found to be innocent.
3. False information about someone injures the reputation and good name of that person, harms the common good, and is ethically and morally wrong.
4. If the false allegation becomes public, appropriate steps will be taken to address and repair damage done to the reputation and good name of the Church personnel involved.
9. Anonymous Complaints
The Church acknowledges that coming forward to disclose safeguarding concerns can be a difficult step, and it respects the wish of the complainant who prefers to remain anonymous, to the extent permitted by law.
Where the complainant, the alleged victim or, in the case of minors, their parent or guardian insist on remaining anonymous, the Ordinary will, in consultation with NOPS, decide on the appropriate course of action, taking into account, among others, the following factors:
1. Respect for mandatory reporting laws
2. Protecting the anonymity of the complainant or alleged victim as far as permitted by law
3. Existence of other elements that can corroborate the complaint
4. Ethical, moral, and legal obligations to protect minors and/or vulnerable adults from the possibility of future harm.
Without the consent of the alleged victim, their identity shall not be revealed in the report of the preliminary investigation and/or risk assessment or elsewhere.
10. Complaints from Doubtful Sources
When the credibility of the complainant might at first appear doubtful, it must not be automatically dismissed (Vademecum2, art. 12). There must be at least a preliminary assessment of the concern by the Local Ordinary, or a preliminary investigation.
11. Addressing Failure to Comply or Cover-Up Attempts
Failure to report a safeguarding concern, failure to comply or cooperate with any proceedings relating to a preliminary investigation and/or risk assessment, attempts to cover up a safeguarding concern, and/or attempts to silence a complainant or an alleged victim, either by omission, commission, or negligence, in a canonical crime, and goes against the principles and standards of this policy and will be treated with the utmost gravity.
1. Depending on the severity of the action, these situations may be addressed with the same level of seriousness as perpetrating abuse, as emphasised in Vos Estis Lux Mundi.
2. Any Church personnel who fails to report a safeguarding concern, fails to comply or cooperate with any proceedings relating to a preliminary investigation and/or risk assessment, attempts to cover-up. a safeguarding concern and/or attempts to silence a complainant or an alleged victim will themselves become subject of a risk assessment authorised by the Ordinary and may be made subject to disciplinary action according to the relevant policies of the Church entity and the relevant canonical legislation.
4. Any lack of collaboration in this subsequent procedure is also noted in the report of the risk assessment.
Any Church personnel becoming aware of any failure to report a safeguarding concern, failure to comply with an investigation and/or risk assessment, attempt to cover up a safeguarding concern and/or attempt to silence a complainant or an alleged victim, is obliged to report this without delay to NOPS or the relevant Ordinary and the statutory authorities where applicable.
12. Retaliation against a complainant or victims
No individual should suffer negative consequences for raising a safeguarding concern in good faith.
1. Anyone who experiences retaliation or discrimination for raising a genuine safeguarding concern may contact NOPS for support and guidance.
2. Any Church personnel found to be perpetrating actions that constitute retaliation or discrimination against a complainant or a victim is made subject to disciplinary action according to canonical legislation, (cc. 1336, 679) and the relevant policies and procedures of the Church entity.
Any Church personnel becoming aware of an attempt of retaliation or discrimination against a complainant or a victim is obliged to report such act to NOPS or the relevant Ordinary and the statutory authorities where applicable.
13. Situations That Modify the Procedures Above
13.1 (1) Special Faculties
Pope Benedict XVI, on 19 December 2008, granted the Dicastery for the Evangelising of the Peoples special faculties to deal with clergy violating canons 1394 and 1395.
The special faculties encompass cases of priests and deacons who:
1. Faculty 1: had attempted a civil marriage, even if only civilly, and who, having been admonished, have not withdrawn from this state, therefore persisting in an irregular and scandalous life (cf. canon 1394 § 1) [also book 6, 2021 c. 1395]; and of clerics guilty of grave sins against the Sixth Commandment (cf. canon 1393 §§ 1-2) [book 6, 2021 c. 1395].
2. Faculty 2: Cases of especially grave violations of law and the urgency of the need to avoid objective sandal. c.1399 This includes clerics leading an irregular and scandalous life as well as clerics guilty of concubinage or other grave sins against the 6th commandment. There could be other crimes of theft, embezzlement, drug dealing.
3. Faculty 3: for those who had abandoned ministry for more than five consecutive years.
These faculties enable Dicasteries to proceed administratively and bring the cases to the Holy Father to decide.
Special faculties also apply to a deacon causing scandal and being judged unfit to be promoted to the order of priesthood, when the deacon does not intend to ask for a dispensation from the obligations arising from ordination.
13.1 (2) Special Faculty Process
A preliminary investigation must be conducted by a priest. Decrees are needed to open the preliminary investigation, appoint a delegate and notary, and close the preliminary investigation.
- This investigation may be very brief, the inclusion of a copy of the civil marriage certificate, would be a sufficient Preliminary Investigation in some cases.
- In some cases, there would be proof that a preliminary investigation is superfluous, and this must be in the acts with a decree of the Ordinary to that effect.
- See APPENDIX – Investigation related to Special Faculty for detailed procedure
13.2 Priest Fathering a Child
1. When a priest fathers a child, he is expected to:
a. leave active ministry,
b. apply for a dispensation from the obligations of priesthood, including celibacy, and
c. be a father to the child, whether or not the mother wishes to marry him.
d. If the priest denies he is the father, there must be an investigation to establish the facts of paternity or not.
e. If the priest, who is a father, refuses to apply for a dispensation, the matter is to be referred to the Dicastery for Evangelisation.
2. If a religious brother fathers a child, he is expected to:
a. apply for a dispensation from vows, and
b. be a father to the child, whether or not the mother wishes to marry him.
c. If the religious denies he is the father, there must be an investigation to establish the facts of paternity or not.
d. If he refuses, he should be dismissed from the religious institute, following the Constitutions of the Religious Institute.
13.3 Complaints Concerning Bishops, Major Superiors of Congregations and Lay Leaders of Associations of the Faithful
1. Sexual abuse or sexual misconduct information or complaints must be referred to
a. The Archbishop of Wellington,
b. The Dicastery for the Doctrine of the Faith,
c. The Dicastery for the Evangelisation of the Faith, or
d. The National Office for Professional Standards.
2. Failing to act on a complaint of sexual abuse means actions or omissions which interfered with or avoided a civil or canonical investigation against a cleric or a religious person accused of sexual abuse of a minor or other more grave crime.
3. If the complaint is against the Archbishop, the senior suffragan (the senior Diocesan Bishop at the time) oversees the investigation.
4. The Archbishop may have a conflict of interest because he feels too close to the Respondent. In this circumstance, he must inform the Dicastery for the Doctrine of the Faith of this conflict of interest.
5. Upon examination of the complaint, the Archbishop may decide the complaint is manifestly unfounded. He is to inform the Complainant and the papal nuncio of this.
6. If the Archbishop decides the complaint is not “manifestly unfounded” – that is, has some semblance of merit, he is to request direction from the Dicastery for the Doctrine of the Faith (or the appropriate dicastery) on how to proceed with the investigation.
7. The complainant will be kept informed of any progress or decisions made during this process.
8. The Archbishop may be appointed to direct an investigation on behalf of the dicastery. If this occurs, the Archbishop may appoint a delegate(s) to help carry out the investigation.
a. The delegate(s) may come from a list of suitable people prepared by the New Zealand Bishops’ Conference.
b. If the circumstances of the complaint suggest using someone else, the Archbishop is free to choose someone else as a delegate.
c. The delegate(s) will be paid and have their expenses met through funding by the New Zealand Catholic Bishops Conference.
9. If an investigation is carried out on behalf of the Dicastery for the Doctrine of the Faith (or the appropriate dicastery), the Archbishop will:
a. provide a report to the dicastery on the progress of the investigation every month and
b. endeavour to ensure the investigation is completed within 90 days.
c. The Archbishop will then write a votum giving his opinion about the complaint and the evidence collected,
d. Forwarding the completed file to the Holy See as soon as possible.
10. The Dicastery for the Doctrine of the Faith (or the appropriate dicastery) will follow its own procedures to decide the issue.
11. If the Dicastery for the Doctrine of Faith (or the appropriate dicastery) direct that the complaint does not fall within the scope of Vos Estis Lux Mundi:
a. The Archbishop must:
i. Follow the instructions received from the Dicastery.
b. The Archbishop, if no follow-up instructions are received, may:
i. Direct an investigation to be carried out according to the provisions of Clause 6 of this Protocol
ii. Dismiss the Complaint.
iii. Move to a resolution and restitution.
Glossary
Accused: A person against whom a complaint of abuse is made.
Administrative Leave: A temporary removal from ministry or duties while a complaint or investigation is being considered. This is a precautionary measure and does not imply guilt in any way.
Advocate: A qualified person, usually a canon lawyer, who represents or assists someone in a Church process.
Canon Law: The legal system of the Catholic Church.
Cleric: A bishop, priest, or deacon.
Complaints Assessment Committee (CAC): A committee that reviews investigation reports and provides recommendations to the bishop or religious superior.
Confidential Archive: a secure archive kept for sensitive records.
Complainant: The person who brings forward information or makes a complaint. In most, but not all, cases the complainant will also be the alleged victim.
Decree: A formal written decision or order issued by a Church authority.
Delict (Canonical Crime): An action that violates Church law with a penalty attached. There are some Church crimes that are not found in civil law.
Dicastery: A department of the Holy See (Vatican) responsible for specific areas of Church governance.
Dicastery for the Doctrine of the Faith – DDF: The Vatican office responsible for safeguarding Catholic teaching and handling serious canonical crimes, including sexual abuse of minors by clergy and crimes concerning the sacrament of penance
Dicastery for Evangelization: This Vatican office has oversight of the Church in New Zealand and is responsible for missionary and evangelisation matters.
Dismissal from the Clerical State: This is the most sever penalty the church can impose. While some things cannot be undone, like baptism or ordination, clergy can be dismissed. In popular language ‘defrocked’. He looses all rights and obligations as a clergyman. He cannot appear as, nor function as clergy. He can never return to this state. This is imposed after a Church Trial, or by the Pope directly ordering it so.
Dispensation: An official release from a Church disciplinary law or obligation.
Independent Investigator: A person appointed to investigate a matter who has no conflict of interest and is impartial.
Major Superior: The leader of a religious congregation at the National or International Level.
Minor: A person under 18 years of age.
Moral Certainty: The level of proof required for a Church authority to make a decision; it is similar to “beyond reasonable doubt.
Natural Justice: The principle that all parties are treated fairly, heard properly, and judged without bias.
National Office for Professional Standards (NOPS): New Zealand’s national Catholic body responsible for professional standards, safeguarding, and complaint management.
Notary: A person appointed to authenticate and certify official Church documents.
Ordinary: A bishop or a priest with responsibility for major decisions in a particular diocese or religious institute.
Oranga Tamariki: New Zealand’s government agency responsible for the care and protection of children and young people.
Pastoral Support: Spiritual, emotional, practical, and personal support offered by the Church.
Penal Process: A formal Church process used to determine whether a canonical crime has occurred and what action should follow. This may take the form of a Trial or an Extra-judicial process.
Penal Trial: Action before the Church Tribunal with Judges, Lawyers and hearings, where the truth of an allegation is determined, and penalties imposed.
Extra-judicial process is an abbreviated penal trial (aka Administrative Process): Instead of going through a full trial, with all its delays and expenses, a Bishop might be able to make the decision himself, using local advisors. The bishop or his delegate is assisted by two advisors who examine the evidence and listens to the defence of the accused. He gives his decision in the matter through a decree.
Precautionary Measures: Temporary restrictions or actions regarding an accused person to protect individuals, communities, and the integrity of an investigation while a matter is being assessed. For example, they may be put on leave, prohibited from the exercise of public ministry, appear in public as a cleric or religious, or live somewhere specific, and not attempt to contact victims and witnesses.
Precept: A rule directly requiring a person to do (or not do) something after there is evidence of misconduct. A breach of this rule will have a penalty attached to it.
Preliminary Investigation: An initial Church investigation to determine whether there is sufficient information to proceed further.
Presumption of Innocence: The principle that a person is considered innocent unless the facts establish otherwise.
Promotor of Justice: the Prosecuting Officer in a Church Tribunal.
Religious: An individual member of a Religious Institute.
Religious Institute (Religious Order, Society of Apostolic Life): A community of men or women who live according to approved religious vows.
Religious Superior: The person responsible for governing a religious institute or community.
Respondent: The person against whom a complaint or allegation has been made.
Restitution: Actions taken to repair harm or make amends where appropriate.
Safeguarding: The policies, practices, and actions used to protect children and vulnerable adults from abuse and harm.
Sexual Abuse: Any sexual act or behaviour imposed on another person without consent, involving a child or vulnerable person. This includes grooming and pornography of minors.
Sexual Misconduct: Sexual behaviour that violates professional, ministerial, ethical, or Church standards, even if it may not constitute a criminal offence. For exmaple use of grooming techniques, collecting pornography, persisting in sin, causing scandle
Support Person: A person chosen by a complainant or respondent to accompany and support them during meetings or interviews.
Trauma-Informed: An approach that recognises the impact of trauma and seeks to avoid causing further harm.
Vademecum: A practical guide issued by the Dicastery for the Doctrine of the Faith for handling allegations of sexual abuse.
Vos Estis Lux Mundi: The law establishing procedures for reporting and investigating abuse and cover-up within the Church.
Votum: A formal written opinion or recommendation prepared by a bishop or other Church authority for submission to the Holy See.
Vulnerable Adult: any person aged 18 years and over who is in a vulnerable situation and at an increased risk of experiencing abuse.
Witness: A person who provides information relevant to a complaint or investigation.
APPENDIX - Investigation Related to the Special Faculty
