Family harm

Elder abuse

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Overview

Older people have the right to live free from exploitation and abuse. If you are an older person and somebody you trust causes you harm or distress, this is called elder abuse. This page explains what elder abuse is, the different ways it can be dealt with, and where you can find support.

If you or someone you know is in immediate danger, call the Police on 111

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What is elder abuse

Older people can be harmed in different ways. This can include psychological abuse and controlling behaviour, financial, physical, sexual and cultural abuse.  

If you are being neglected, this is also considered abuse

Support is available. You’re not alone

Every day older people across Aotearoa New Zealand take courageous steps to reach out, ask for help, and seek safety. You don’t have to go through legal processes to access this, but support is available if you wish to do so.

Elder abuse happens more often than people realise. It can happen in your home, residential care, or a healthcare setting.

You are likely to know the person and have a trusted relationship with them. They might be a family or whānau member (like an adult child or grandchild), a partner, carer or health worker.

Elder Abuse Response Service Te Tari Kaumātua

The Elder Abuse Response Service is available 24/7. They can connect you with community social services, including iwi social services, and can help you work with health providers, government agencies, lawyers, police and banks, if you wish. 

Age Concern New Zealand

Age Concern New Zealand offers a range of services to support aging well in Aotearoa New Zealand and has helped thousands of people in elder abuse cases.

They have people who will listen and provide support, with your safety, dignity and wellbeing front of mind.

How the law protects older people

Not all elder abuse involves breaking the law, but when it does there is help available. There are protections for older people under criminal, family and health law, which you can find out about below.

If you aren’t sure which applies to your situation, the Elder Abuse Response Service can help you work it out.  

Elder Abuse Response Service(external link)

  1. If you have experienced serious abuse like assault, neglect, theft or fraud, you are protected under the Crimes Act. Serious abuse can lead to criminal charges.

    New Zealand Police can support you through the criminal law processes. 

    Elder abuse - what you need to know | New Zealand Police(external link)

    Vulnerable adults

    Under criminal law you are considered a ‘vulnerable adult’ if you are unable to remove yourself from care because of age, illness or impairment.

    This means: 

    • caregivers must provide you with what you need to live comfortably and free from injury
    • household members must take reasonable steps to protect you from serious harm 
    • staff in hospitals or rest homes must meet proper standards of care. 

    Community Law has more information on this here: The criminal law: Protections for vulnerable adults | Community Law(external link)

    Financial abuse and fraud

    Fraud and financial abuse can be a particular problem for older people. If this has happened to you, you don’t have to face it alone. Public Trust and Age Concern New Zealand have put together a guide to help you spot the signs of financial abuse and where to get help.

    Financial elder abuse - know the signs | Public Trust(external link)

  2. Elder abuse can be treated as a form of family violence. This means, if the person who harms you is a family member or in a close relationship with you (like a friend or a carer), you are protected by family violence law.

    Family violence includes physical, sexual and psychological abuse and controlling behaviour.

    Your legal protections include Protection Orders (long-term court orders) and Police Safety Orders (short-term immediate protection). You can find more about this here:

    Getting legal protection

    You can find more about family violence at:

    Family Violence

  3. If you have experienced abuse in health or residential care, you are protected by the Code of Health and Disability Services Consumers’ Rights.

    Code of Health and Disability Services Consumers' Rights | Health & Disability Commissioner(external link)

    You can complain directly to your provider or escalate your complaint to the Health and Disability Commissioner.

    Making a complaint about your residential care | Ministry of Health(external link)

    Abuse or neglect by carers: Complaining to the Health and Disability Commissioner | Community Law(external link)

More information and support

There are several organisations that can support you as an older victim of crime.