Defence Force issues apology to former naval officer Hayley Browne over sexual harassment
Monday, 5 August 2019
A former naval officer has been issued a sweeping apology by the New Zealand Defence Force for the sexual harassment she endured while employed with the organisation.
Hayley Browne (nee Young) has been fighting the New Zealand and British governments for the past five years for not providing a safe work environment after she was allegedly raped by a British naval employee while on deployment with the Defence Force.
Her legal wrangling came to an end last week when, in a rare move, an apology was issued by Attorney General David Parker on behalf of the Defence Force, along with a confidential compensation payment.
'I am really happy with what I have achieved, and that I stayed true to what I believe in and did not give up,' Browne told Stuff.
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As part of the settlement, The Chief of Navy will meet with Browne, as well as top naval brass to discuss her experience and provide feedback and advice on how to improve the culture.
The apology covers the way her complaint was handled, the conditions she served under, and how she was retraumatised.
'We are sorry for the conditions you served under in the Royal New Zealand Navy (RNZN), including the sexual harassment you experienced in the RNZN in New Zealand and on New Zealand ships.
'We are sorry that the NZDF system failed to empower you to raise the issues you faced,' part of the apology reads.
The alleged rape took place in 2009 while on deployment in the United Kingdom at a time when Browne had suffered months of sexual harassment and abuse by colleagues – including staff members betting buckets of KFC on which female officers could be sexually 'conquered'.
Despite leaving the navy and complaining about her treatment, her image was used without her permission to promote women joining the armed forces.
When she launched her legal proceedings, both the British and New Zealand governments wanted the case heard in the United Kingdom – an expense she could not afford.
The Supreme Court later ruled the case against the British government – who engaged high-profile lawyer Amal Clooney – could not be heard in New Zealand. However, in a precedent setting decision, she won the right to have the case against the New Zealand government heard on home soil.
When the Defence Force offered to apologise earlier this year and work alongside her to change the culture within the organisation, Browne decided to settle the case.
'This was always about driving cultural change.
'Although the military are not there yet, they have made some significant steps in the right direction.'
In 2016 the Defence Force set up of Operation Respect, which was aimed at reducing sexual harassment and harmful sexual behaviour, after research showed 'persistent sexism'.
Browne's lawyer Jol Bates said the case paved the way for servicewomen to be protected in the future.
'Finally, after years of exhausting litigation, the apology, which so easily could have been given on day one, has been given to Hayley and I'm thrilled she finally got what she needed and deserved, and there is some therapeutic justice for her at long last.'
Browne said she would now focus on her campaign to run for Napier City Council.
'I have come a long way, and I have really enjoyed being able to advocate for people at such a high level.
'That is why I am running for council.'
When asked to comment on the apology, an Defence Force spokesman said: 'Our apology speaks for itself'.
THE APOLOGY:
1. The Defence Force apologises for using your image on the promotional poster and brochure. We are sorry for the retraumatising effect this had on you.
2. We are sorry for the manner in which your complaint was handled by Defence Force and it causing you to be retraumatised.
Apology for the working conditions/situation she was under:
1. We are sorry for the conditions you served under in the RNZN, including the sexual harassment you experienced in the RNZN in New Zealand and on New Zealand ships.
2. We are sorry that the Defence Force system failed to empower you to raise the issues you faced to command.
3. We are sorry that the restricted disclosure system we now have in place was not available to you at the time you would have needed it.
4. We also thank you for your courage in submitting My Story and raising the issues you faced while serving in the RNZN.
5. For the avoidance of doubt, this apology relates to the actions of Defence Force personnel only.