Abuse in care inquiry: new Chair, first public hearings, submissions open on redress

Mon 18 Nov 2019

The Abuse in Care Royal Commission of Inquiry has made a number of announcements and completed its first public hearings.

Abuse in care inquiry updates

The Abuse in Care Royal Commission of Inquiry has made a number of announcements and completed its first public hearings.

New Chairperson for the inquiry

Internal Affairs Minister Tracey Martin announced that Judge Coral Shaw has been appointed as the new Chair for the Royal Commission into Historical Abuse in State Care and in the Care of Faith-based Institutions.

Judge Shaw has been one of the Inquiry's Commissioners since January 2019. Read more about Judge Shaw and the other members of the Commission. Also see the Commission media release for more information. Judge Shaw replaces Sir Anand Satyanand, who resigned in August 2019.

The Minister is currently considering the appointment of another Commissioner to fill the vacancy left by Judge Shaw.

First public hearings completed

The first round of public hearings took place from 29 October - 8 November 2019. Survivors, advocates, academics and experts gave evidence to the Contextual hearing. The focus was to gather information that provides context to the scope of the Inquiry, which the Inquiry will explore in more detail over the next few years. Written evidence summaries and video recordings of people speaking at the hearings is available on the Inquiry website. See also the media listed below.

Submissions invited on redress

The Inquiry's September 2019 pānui stated that the Inquiry is seeking feedback on redress. The Inquiry states:

"The term ‘redress’ refers to actions that set right, remedy or provide reparations for harms or injuries caused by a wrong, such as abuse. Redress takes many forms, including apologies and monetary compensation."

The Commission has begun planning for the first public hearing related to redress which will take place in March 2020. This hearing will look at the experiences of survivors when making civil claims against the Crown for abuse in state care and how the Crown has responded. The Commission has published a scoping paper that outlines what this hearing will consider.

In preparation for this hearing, the Commission is inviting submissions from people who have been involved in civil litigation in relation to abuse while in care. This includes people who have been involved as a plaintiff/claimant, defendant, legal representative, member of the plaintiff/claimant’s family or whānau, or professionals. The Commission has outlined specific areas and questions for feedback, and how to make a submission, in the Issues Paper - Redress (civil litigation).

The deadline to make a submission is 12 December 2019.

For more information on redress see Stephen Winter's article Redressing historic abuse in New Zealand: a comparative critique (2018) published in Political Science.

Update: The Commission has scheduled the hearing on redress to start 23 March 2020. The hearing, 'Public Hearing into the State Response to Civil Redress and Civil Litigation Claims', will be held in Wellington's Environment Court. It is expected to run for two weeks.

Commission signs agreement with NZ Police

The Commission has signed an Memorandum of Understanding (MOU) with New Zealand Police. The MOU creates a pathway for survivors to request referrals of abuse be referred to Police for investigation. It also allows for the Commission to refer incidents to Police if similar allegations or themes of abuse emerge from survivors' stories.

Other updates from the Royal Commission

Other updates from the September Pānui and October Pānui include:

Message from Commissioner Coral Shaw addressing media reports about involvement of convicted child sex offender with the Survivors Advisory Group (also see the Statement from the Inquiry)
Information on private sessions, including a video on what to expect
Legal Assistance Panel to be set up
Survivors in prisons sharing their experiences
Catholic Church lifts confidentiality requirement

You can view past Pānui and other updates on the Inquiry website. Email contact@abuseincare.org.nz to subscribe to the Pānui emails.

Related news

The Survivors of Church Abuse NZ has published a guide for survivors who want to report their experiences to the Inquiry. The guide is available for download from Male Survivors Aotearoa.

The Bishops and Congregational Leaders of the Catholic Church lifted confidentiality obligations on survivors of abuse in the care of the Catholic Church. The Inquiry requested the confidentiality waiver to ensure survivors can share their experiences and effectively take part in the Inquiry, despite any settlement agreements. The Crown and the Salvation Army provided similar waivers in August 2019.

Mongrel Mob member Harry Tam leaves role in Royal Commission into abuse in care, RNZ, 03.03.2020

Becroft adds pressure to police review, Newsroom, 24.02.2020

Police review Lake Alice file after UN decision, Newsroom, 20.02.2020

Iwi asked to help abuse inquiry, Waatea News, 05.02.2020

Royal Commission inquiry looking into Lake Alice and other allegations of abuse, Whanganui Chronicle, 25.01.2020

Lake Alice: a personal journey, Newsroom, 21.01.2020

Abuse in care: Files show government department knew of rape allegations, RNZ, 16.01.2020

UN urges investigation into torture at NZ psychiatric facility, RNZ, 10.01.2020

UN condemns NZ’s response to Lake Alice torture, Newsroom, 07.01.2020

Royal Commission Lake Alice Psychiatric Hospital investigation, Abuse in Care Royal Commission of Inquiry media release, 29.12.2019

New strategy for resolving historical claims, Beehive Press Release, 17.12.2019

Crown open to iwi input to state care abuse fix, Waatea News, 17.12.2019