Waikato Times

Abuse survivors retraumati­sed by government focused on protecting public funds

- Sophie Cornish and Tom Hunt

An interim report from the Royal Commission of Inquiry into Abuse in Care has identified systemic failures in the handling of abuse claims by the state, with aggressive Crown lawyers and laws tilted against survivors leaving many retraumati­sed and ‘‘frequently disbelieve­d’’.

The wide-ranging criticism has prompted a promise to review the Limitation­s Act, which Crown law has used many times to successful­ly defend itself against abuse claims, even when the

courts have found abuse did occur.

The report,

Ta¯ wharau: Pu¯ rongo a te

Wa¯ , which was one of three released on Tuesday, provides a summary of the commission’s work to date, gathered from private and public hearings. It also concluded abuse in care continues to happen in New Zealand today.

Since the five-year inquiry was establishe­d in 2018, 1900 survivors and about 350 witnesses have registered with the commission. Its findings show a range of problems raised by survivors in the inquiry’s process, including how the Limitation Act is used.

Public Service Minister Chris Hipkins said there had already been improvemen­ts to state care since 2000 and more change was coming. He said the hurt and anguish that had been caused in New Zealand’s history was inexcusabl­e.

‘‘This is not New Zealand at its best, it’s New Zealand at its absolute worse.’’

On specific changes to the Limitation Act, Hipkins said he didn’t want to pre-empt the commission’s final findings. ‘‘But we are not going to just wait until the final report is received.

‘‘Survivors have told us they find it difficult to navigate the different redress processes operated by state agencies, and we are exploring whether a single entrypoint is possible for historic claims. The Limitation Act, which sets time limits on recognisin­g civil claims against the state, has been used to deny claims in court, and we are already looking into how the act might be applied in future for historic abuse claims.’’

This limit was identified as one of many legal barriers to hundreds of survivors receiving justice. Under the law abuse victims who do not bring a claim within six years of the offending are

‘‘This is not New Zealand at its best, it’s New Zealand at its absolute worse.’’

Chris Hipkins

Public Service Minister

highly likely to have it dismissed by the courts.

This, and other legal barriers such as laws protecting staff privacy and accident compensati­on laws that prevent claimants from suing for injury, mean that the Crown has been able to successful­ly fight off claims of abuse even when the judge finds that a claimant was abused.

The Government has been so successful in deflecting these claims, the commission found, that it has deterred many victims from coming forward.

‘‘Of the hundreds of claimants who have filed cases in courts, only a handful have ever had their claims fully heard. Of those

claims very few were decided in favour of the claimant.’’

In one instance Crown lawyers failed to disclose informatio­n about an alleged abuser’s previous conviction­s to the claimant for ‘‘a long period of time’’.

In other instances, the government’s legal team hired private investigat­ors with ‘‘overly broad instructio­ns’’, opposed name suppressio­n for a sex abuse victim on ‘‘strategic grounds’’, and convinced a claimant to drop a police complaint on grounds that latter proved unfounded.

The report found survivors who made claims were frequently disbelieve­d and forced to retell their experience­s again and again, which they found retraumati­sing.

The commission said it heard evidence that Crown law and government agencies avoided paying compensati­on even when abuse was proven. It found the state’s redress processes, including the

Crown’s approach to civil claims, have been overly focused on the financial implicatio­ns to the state, rather than on providing satisfacto­ry compensati­on to survivors and ensuring their wellbeing.

Hipkins said over time the Crown had spent a disproport­ionate amount of its energy defending unacceptab­le behaviour, rather than taking a victim centric approach.

‘‘That is a strategy we have already changed, and we are continuing to look at that.’’

In giving evidence to the commission, the Solicitor-General, Una Jagose, acknowledg­ed the Crown had not been ‘‘sufficient­ly survivor-focused.’’ However, she said the Crown needed to balance abuse claims against ‘‘the need to be responsibl­e with public money’’.

To date, 350 private sessions with survivors and commission­ers have been conducted.

A second part of the report analysed 50 of these private sessions and the survivors’ experience­s. Physical and sexual abuse, which included fondling and penetratio­n, were the mostcommon types of abuse reported to commission­ers.

The impact on survivors was wide-ranging, from drug and alcohol addiction to suicidal thoughts to crime, and sexual behaviour.

 ??  ?? Chris Hipkins
Chris Hipkins

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