CANON III 

OF THE MAINTENANCE OF MINISTRY STANDARDS:

PART A – INTRODUCTION & PRINCIPLES

1. Duty to have regard to bishop’s role
Any body or person on whom functions in connection with the
discipline of Ordained Ministers are conferred by this Title D must,
when exercising those functions, have due regard to the role of
the bishop who, by virtue of office and consecration, has pastoral
and disciplinary responsibility.

2. Who may complain
Any person may make a complaint under this Title whether or not
that person is the subject of that complaint.

3. Initial assessment
Each complaint will be initially assessed by the Registrar to
determine whether there is sufficient substance to the complaint
to make it deserving of further investigation, and if so whether the
allegations if proven would constitute misconduct or
unsatisfactory conduct.

4. Due process and natural justice
Ministers and Office Bearers subject to any process under this
Title D are entitled to due process and natural justice including the
right to be advised who has complained and of the nature of the
allegations, to have time before responding to any allegations and
to be heard in response to allegations. The Respondent has the
right to consult and be represented by a lawyer at all stages of the
disciplinary process.

5. This Church as the Informant
Where matters proceed to a disciplinary tribunal it is this Church
that is the Informant, and which will prosecute the complaint.

6. Informing of progress
The Complainant in a matter and the Respondent must be kept
informed of the procedural progress of any complaint.

7. Undue delay and expense
Undue delay and expense are to be avoided wherever possible.

8. State processes
Any investigation of any complaint by this Church is not in
substitution for any state process and must not interfere with any
processes of the State but notwithstanding that a process of the
State is underway complaints may be dealt with under this
Title D.
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.

9. Customs of Tikanga
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.
The maintenance of "Duties of Clerical Office," and "Pastoral
Relationships" (Title D, Canon I, clauses 5 and 18) across the
Tikanga will be observed by the application of Title B Canon XX
principles between the Tikanga.

10. Pastoral care
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.

11. Multiple complaints
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.

12. Protection
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.

PART B – DISCIPLINARY PROCESS

13. 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.

14. No disciplinary proceedings under this Title D may be instituted
unless the behaviour in question, or the last instance of it in the
case of a series of acts or omissions, occurred within the period
of three years prior to the date of the complaint except for:
(a) when the conduct complained of is conduct as a result
of which the person concerned has been convicted
proceedings may be instituted within three years of the
conviction becoming conclusive;
(b) where the Registrar of the Ministry Standards
Commission considers there was good reason why the
complainant did not complain at an earlier date in which
case the limitation period may extend from three to six
years;
(c) where the misconduct in question is conduct of a sexual
nature in which case there is no time period prescribed.

15. 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
resolved or determined.

16. The Ministry Standards Commission may prescribe regulations,
not inconsistent with this Title D, setting out the detailed process
for the receipt of complaints, their investigation and the conduct
of disciplinary proceedings covering matters such as:
(a) the form of complaints;
(b) where complaints may be lodged;
(c) any filing fees to be paid for any application and scales
of costs which may be imposed in relation to
proceedings;
(d) what supporting information, if any, should be provided
with a complaint;
(e) the form of notification to respondents;
(f) whether disclosure of the complainant’s contact details
should be made to the respondent; and
(g) the steps to be taken prior to a hearing by any tribunal.

PART C – ASSESSMENT OF COMPLAINT

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

18. On receipt of the complaint the Registrar must then conduct an
assessment of the complaint and form a view as to:
(a) whether the conduct complained of, if proven, could
constitute unsatisfactory conduct or misconduct;
(b) whether there is sufficient substance to the complaint to
justify proceeding further under this Title D;
(c) whether the complainant has a proper interest in making
the complaint;
(d) whether the complaint is time-barred under clause 14 of
this canon; and
(e) whether the event or events have already been
complained of and the complaint has been resolved so
that clause 15 applies.

19. Where the complaint is against an Ordained Minister then the
complaint must be automatically dismissed where the complaint
alleges the Ordained Minister:
(a) conducted a service of blessing which has been
authorised pursuant to Title G Canon XIV clause 8;
(b) refused to conduct a service of blessing which has been
authorised pursuant to Title G Canon XIV clause 8; or
(c) preached or taught that such services are, or are not,
consistent with Holy Scripture and the doctrine of this
Church.

20. Where the complaint is against a Bishop then the complaint must
be automatically dismissed where the complaint alleges the
Bishop:
(a) authorised a service pursuant to Title G Canon XIV
clause 8;
(b) refused to authorise a service pursuant to Title G Canon
XIV clause 8; or
(c) preached or taught that such services are, or are not,
consistent with Holy Scripture and the doctrine of this Church.

21. In assessing the complaint the Registrar may make such further
enquiries of the complainant or respondent as the Registrar
considers fit and must refer the complaint to the respondent and
consider any submissions from the respondent on the complaint.

22. 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.

23. In any written report under clause 22 the Registrar shall:
(a) if the behaviour complained of, if proven, would
constitute unsatisfactory conduct and none of clause
18(b) to (e) apply recommend that the Licensing Bishop
or, in the case of a Bishop, the Archbishop resolve the
complaint;
(b) if the behaviour complained of, if proven, would
constitute misconduct and none of clause 18(b) to (e)
apply recommend that disciplinary proceedings be
instituted;
(c) if it is found the complainant has no proper interest in
making the complaint recommend it be dismissed;
(d) if it is found the complaint is time-barred 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;
(f) if there is insufficient substance to the complaint to justify
proceeding further under this Title D recommend it be
dismissed; or
(g) if the Registrar considers on reasonable grounds that the
complaint is vexatious recommend that it be dismissed.

24. The Licensing Bishop or, in the case of a Bishop, the Archbishop
must follow the course of action recommended by the Registrar
in any written report under clause 22 after the process at clauses
26 to 29 are completed at which point formal notice of the decision
must be provided in writing to the complainant and respondent.

25. At the same time as the written decision is provided, 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.

26. Where the Registrar recommends a complaint be dismissed th
Registrar shall provide notice of that recommendation and a copy
of the written report under clause 22 to the complainant and to the
respondent.

27. Within 30 days of receipt of a notice of recommendation and a
copy of the written report under clause 22 the complainant 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.

28. If on a review under clause 27 the Chair of the Ministry Standards
Commission considers the dismissal to be plainly wrong then he
or she may:
(a) reverse the decision and direct the complaint proceed in
accordance with clause 23(a) or (b) (as appropriate); or
(b) remit the matter back to the Registrar for
reconsideration.

29. Where a complaint is remitted to the Registrar for reconsideration
and the Registrar recommends dismissal of the complaint
following that reconsideration then clauses 27 and 28 of this
canon will not apply.

30. Where the Registrar proposes to extend the 30-day period in
clause 22 he or she shall inform the complainant and the
respondent.

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

PART D – FURTHER HANDLING OF COMPLAINTS OF

UNSATISFACTORY CONDUCT

32. 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 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.

33. The courses of conduct available to the Licensing Bishop or, in
the case of a Bishop, the Archbishop include:
(a) a process of reconciliation carried out in accordance with
the principles of the relevant Tikanga;
(b) a full investigation into the complaint, following inquiry
principles, after which the Licensing Bishop or, in the
case of a Bishop, the Archbishop may admonish the
respondent; and/or
(c) requiring the respondent to undertake further training or
counselling.

34. In deciding which step to undertake under clause 33 the Licensing
Bishop or, in the case of a Bishop, the Archbishop shall have
regard to the principle of reconciliation and forgiveness.

PART E –FURTHER HANDLING OF COMPLAINTS OF MISCONDUCT

35. Where the Registrar considers the complaint to be one of
misconduct and recommends disciplinary proceedings be
instituted then the provisions of this Part shall apply.
Institution of proceedings

36. On the Licensing Bishop or, in the case of a Bishop, the
Archbishop confirming to the Registrar that disciplinary
proceedings are to be instituted:
(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;
(b) the Licensing Bishop or, in the case of a Bishop, the
Archbishop will appoint a tribunal to hear the complaint
from the list of tribunal members 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;
(d) the respondent is then to file, in accordance with any
regulations prescribed by the Ministry Standards
Commission, a formal document (Response) setting out
the response to the Points of Complaint which may
include the admission of all or part of it.

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

38. The Church Advocate may engage such other persons as he or
she thinks fit to ensure the proper and efficient conduct of the
complaint on behalf of this Church and the complainant.

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

Immediate Suspension on recommendation of the Registrar
40. 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:
(a) the Registrar may, having first provided twenty four
hours’ notice to the respondent and invited submissions,
but without having provided a written report under clause
22, recommend to the Licensing Bishop or, in the case
of a Bishop, the Archbishop the suspension of the
respondent from office and/or ministry which
recommendation must be followed by the Licensing
Bishop or, in the case of a Bishop, the Archbishop with
immediate effect;
(b) the Registrar must then proceed to prepare the written
report required under clause 22; and
(c) the Registrar shall appoint a Church Advocate for the
proceeding.

41. If a respondent is suspended from office and/or ministry under
clause 40 then the respondent may immediately apply for the
institution of disciplinary proceedings in which case:
(a) the provisions of this canon relating to the establishment
of a tribunal shall be immediately followed; and
(b) the respondent may make an application to the tribunal
for the suspension to be lifted;
(c) notice of any such application shall be given to the
Church Advocate; and
(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:
(i) there is no case to be answered by the
respondent; and
(ii) there is no appreciable risk that continuation in
office and/or ministry could expose others to the
risk of harm or could adversely affect the public
reputation of this Church;
(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.

Application for suspension
42. 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.

43. Notice of any such application must be given to the respondent.

44. The tribunal must recommend suspension to the Licensing
Bishop or, in the case of a Bishop, the Archbishop if satisfied that:
(a) there is a case to be answered by the respondent; and
(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.

45. The tribunal may recommend any conditions to be attached to the
suspension from office and/or ministry of the respondent and may
also recommend the continuation of the respondent in office
and/or ministry on certain conditions.

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

47. During such suspension the Minister will not be deprived of any
stipend or emoluments associated with the Minister’s office.

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

The tribunal
49. Any tribunal constituted under this Part shall be of three people
including:
(a) one Ordained Minister;
(b) one lay member of this Church; and
(c) one person, who shall be the chair of the tribunal, who is
a member of this Church who has been enrolled as a
barrister or solicitor of the High Court of New Zealand of
not less than seven years standing or who holds similar
qualifications and experience in any of the legal
jurisdictions in the Diocese of Polynesia.

50. At least one of the members of any tribunal constituted under this
Part shall reside in the Episcopal Unit of the Licensing Bishop but
no one shall be a member of a tribunal who might reasonably be
apprehended to be biased.

51. In any proceeding before any tribunal constituted under this Part:
(a) the tribunal may receive any evidence it thinks fit
whether it would otherwise be admissible in a court or
not;
(b) the standard of proof to be applied by the tribunal shall
be that of proof on the balance of probabilities;
(c) the determination of any matter before the tribunal must
be according to the opinion of the majority of the
members of the tribunal and include reasons for the
determination;
(d) any hearing shall be in private, except that the tribunal,
if satisfied that it is in the interests of justice so to do may
direct that the hearing shall be in public in which case
the tribunal may, during any part of the proceeding,
exclude such person or persons as it may determine;
and
(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;
(f) the tribunal may have regard to prior decisions of any
tribunal and shall follow any decision of an Appeal
Tribunal on the question of what outcome is appropriate
in light of the misconduct as found.

52. The costs of any tribunal constituted under this Part will be met by
the Ministry Standards Commission subject to any regulations
relating to filing fees and cost orders made by the Ministry
Standards Commission.

Outcomes where misconduct is found
53. Where a tribunal determines there has been misconduct then the
tribunal may not proceed to recommending an outcome without
having first sought submissions from the Licensing Bishop or, in
the case of a Bishop, the Archbishop on an outcome, having
provided the opportunity for any party to make submissions as to
the outcome and having provided the opportunity to the
complainant to provide information on the effect of the misconduct
on him or her.

54. 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:
(a) admonition – which will be delivered by the Licensing
Bishop or, in the case of a Bishop, the Archbishop and
may be in the form of a formal written order or injunction
which for an Ordained Minister must be entered in the
record of that Ordained Minister and may be delivered in
public or in private as the Licensing Bishop or, in the
case of a Bishop, the Archbishop may determine;
(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;
(c) deprivation of office or ministry making the respondent
incapable of holding any office or Ministry or performing
any function in any Episcopal Unit of this Church for the
extent and duration considered appropriate by the
tribunal at the end of which period restoration may occur;
(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 reappointment
to that office, or any other office in this
Church.

55. Any of the outcomes set out at 54(a) to (c) may include a process
of reconciliation carried out in accordance with the principles of
the relevant Tikanga.

56. Any of the outcomes under 54(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.

57. Any of the outcomes under 54(a) to (c) may include limitations on
the sorts of ministry to be permitted in the future.

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

59. Where suspension is imposed the Licensing Bishop must give
written notice to ministry units in that Episcopal Unit and advise
all Licensing Bishops in this Church.

60. 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.

Tribunal findings and publication
61. The tribunal shall report its determination and the reasons for it in
writing to:
(a) the Chair of the Ministry Standards Commission;
(b) the Registrar;
(c) the Licensing Bishop or, in the case of a Bishop, the
Archbishop;
(d) the complainant; and
(e) the respondent.

62. The determination of the tribunal and reasons for it shall be made
public by the Commission after the expiry of the appeal period at
clause 68 unless the tribunal is satisfied that such publication
would:
(a) cause extreme hardship to the respondent; or
(b) cause undue hardship to the complainant, or any person
connected with him or her or them or with the
respondent; or
(c) create a real risk of prejudice to any other civil or criminal
proceeding then underway; or
(d) endanger the safety of any person; or
(e) lead to the identification of a person whose name is
suppressed by order or by law; 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.

63. 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.

64. If there is an appeal the findings and recommendations arising
therefrom must not be made public before the appeal is
determined.

65. Subject to any suppression orders made pursuant to clause 62,
and in addition to any other requirements for notification;
(a) the findings and recommendations of any tribunal shall
be published by the Ministry Standards Commission;
and
(b) the Registrar will maintain a database containing the
written record of the findings and recommendations of
any tribunal which shall:
(i) be accessible to the public including on the
website of this Church or other digital platform;
(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.

66. The findings and outcome of any tribunal shall be recorded on the
respondent’s file.

PART F – APPEALS

67. Subject to the provisions of this part where a tribunal has provided
a determination and a recommended outcome in writing then:
(a) the respondent may appeal on a question of law or fact;
and
(b) the Church Advocate may appeal only on a question of
law.
There shall be no appeal from any interlocutory decision of a
tribunal, which is final.

68. Any appeal must be filed with the Appeal Tribunal within 20
working days of the determination of the Tribunal appealed from.

69. 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 clauses 14 and 15, 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.

70. Any such appeal will be heard by the Appeal Tribunal.

71. The Appeal Tribunal for appeals consists of three members
including:
(a) the Provincial Chancellor (or his or her nominee) who
shall be the Chair of the Appeal Tribunal;
(b) the Primate / te Pīhopa Mātāmua of this Church (or
where there is more than one then one of them chosen
by themselves); and
(c) a member of the Judicial Committee who is not of the
same house as the Chair of the Appeal Tribunal who is
appointed by the Chair of the Appeal Tribunal for the
particular appeal.

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

73. Every notice of appeal must specify the findings or determination
or part of the findings or determination appealed from and the
grounds of the appeal which grounds shall be specified with such
reasonable particularity as to give full advice both to the Appeal
Tribunal and the other parties of the issues involved.

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

75. On any appeal to the Appeal Tribunal against findings of a tribunal
under this Canon the Appeal Tribunal has all the powers of the
Tribunal of first instance and may confirm, modify or reverse the
findings appealed against.

76. 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.

77. The Appeal Tribunal may, in considering or determining any
question of law before it or what outcome should be
recommended in light of the misconduct found, have regard to
prior decisions of any Tribunal or Appeal Tribunal on that question
of law.

78. The Appeal Tribunal in hearing any appeal may regulate its own
procedures consistent with this Title D and any regulations
prescribed by the Ministry Standards Commission.

79. The Appeal Tribunal must report its determination and the
reasons for it in writing to:
(a) the Chair of the Ministry Standards Commission;
(b) the Registrar;
(c) the Licensing Bishop or, in the case of a Bishop, the
Archbishop;
(d) the complainant; and
(e) the respondent.

80. The determinations of the Appeal Tribunal must be made public
in accordance with clause 82 unless the Appeal Tribunal is
satisfied that such publication would:
(a) cause extreme hardship to the respondent; or
(b) cause undue hardship to the complainant, or any person
connected with them or with the respondent; or
(c) create a real risk of prejudice to any other civil or criminal
proceeding then underway; or
(d) endanger the safety of any person; or
(e) lead to the identification of a person whose name is
suppressed by order or by law; 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
in which case the Appeal Tribunal may order the suppression of
the names of the complainant or respondent or any evidence or
submissions put before it.

81. 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.

82. Subject to any suppression orders made pursuant to clause 80,
and in addition to any other requirements for notification:
(a) the findings and recommendations of the Appeal
Tribunal shall be published by the Ministry Standards
Commission; and
(b) the Registrar will maintain a database containing the
written record of the findings and recommendations of
any tribunal which shall:
(i) be accessible to the public including on the
website of this Church or other digital platform;
(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.

83. 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.

84. The Church Advocate may engage such other persons as he or
she thinks fit to ensure the proper and efficient conduct of the
appeal on behalf of this Church and the complainant.

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