AUKLAND (NEW ZEALAND)
New Zealand Herald
March 9, 2019
By Kirsty Johnston
The Anglican Church is facing a landmark case from a parishioner arguing it should be responsible for abusive priests – one of whom allegedly harassed her in counselling sessions after her baby’s death.
It will be the first time a New Zealand church has been tested as an employer under human rights law, and if successful could prompt wholesale changes in the hiring and training of ministers.
Until now churches accused of abuse have argued clergy are not employees providing a service, but agents of God responding to a “calling”, and therefore church hierarchy cannot be held accountable.
However, in the case currently before the Human Rights Review Tribunal, it is argued the priest was an “agent” of his diocese, and that he abused the woman while carrying out his duties – and therefore both the vicar and the bishop are “vicariously liable” under the sexual harassment provisions in the Human Rights Act.
Similar cases overseas have had mixed results – but in both the UK and Canada recently, courts have found the church is liable for its priests.
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