An interim report from the Abuse in Care Royal Commission would accelerate help for victims, a lawyer representing abuse survivors says.
Photo: RNZ / Aaron Smale
The commission, which resumes public hearings in Auckland today, is investigating abuse in state and faith-based care between 1950 and 1999.
In November 2019 the Royal Commission held contextual hearings which gave the background of concerns leading up to its establishment and what people hoped could be achieved.
Over the next two weeks it will hear evidence from survivors who have sought redress for abuse suffered in state care and from others who have dealt with government agencies on behalf of claimants.
The state redress public hearings were to have been held in April but were delayed because of the Covid-19 lockdown.
The commission’s lead counsel for the hearings, Hanne Janes, said witnesses will share their own experiences.
”So the survivors will explain the institutions that they have been in, their experiences that they have gone through and then the process of redress and how that worked for them.”
Twelve survivors will give evidence over the next two weeks, and two organisations will appear, plus two lawyers representing a number of claimants.
Janes said public hearings are only a small part of the commission’s work.
Commissioners have held private sessions with 532 survivors over the last few months.
”So there is a lot of information from claimants that we are able to draw on and aggregate that information as to what are their views and experiences of redress and also what other aspects of abuse in care were.
”Evidence being heard at the public hearing is very much representative of a lot of other information we have heard from survivors,” she said.
Lack of ‘transparency, independence’ – lawyer
The firm, Cooper Legal, represents more than 1400 claimants.
Its principal, Sonja Cooper, describes the redress phase of the Royal Commission’s work as probably its most important.
”We’ve been saying for a very long time that there are insurmountable problems with the state processes, the lack of transparency, the lack of accountability and I think our biggest issue is the lack of independence. We are very clear and will be giving strong evidence to the effect that the state processes are broken.”
She said there cannot be a system where an abuser, and that is the state, investigates itself.
”It just can’t be done in a way that is fair to survivors.”
Cooper said the public and the state need to hear the evidence and understand what it has been like for survivors.
”How it has impacted on them, how legal aid funding issues have impacted on them.”
She eventually wants one independent body set up to deal with abuse, not the complex route survivors have to negotiate now.
”You know, if they were abused in the care of the state through Social Welfare, or CYFs [Child, Youth and Family], you know that is one claim. If they were in a Ministry of Education special residential school, that’s a separate claim. A health camp, that is another separate claim or in church care, more claims. So one client may have to deal with five to six different entities which means you are not dealing with the person as a whole, you are compartmentalising their experiences.”
She said it is then easy to cherry-pick what is going to be or not going to be accepted and minimise those experiences.
”Obviously that affects whatever compensation they are ultimately offered as well.”
Cooper said setting up the independent body would take time but New Zealand has examples of how it could be set up.
”We’ve got the Waitangi Tribunal and tribunals that hear other claims.”
In the meantime though, she wants the commission to put out an interim report within six months of the redress hearings finishing, recommending among other things the repeal of the limitation period of bringing claims for abuse and the proof that is required.
The Royal Commission has until 2023 to report back, but Cooper is in no doubt the time will need to be extended.
”Its terms of reference are the broadest of any Royal Commission of this kind ever.
”For it to do its job properly that deadline would have to be pushed out in fairness to it, because it’s been given a massive task to do.”
The first part of the redress hearing with survivors will be followed later in October with two weeks of Crown witnesses describing processes available around redress and responding to the survivors’ evidence
Faith-based care will come under the spotlight at a later date.
Where to get help:
Need to Talk? Free call or text 1737 any time to speak to a trained counsellor, for any reason.
Lifeline: 0800 543 354 or text HELP to 4357
Suicide Crisis Helpline: 0508 828 865 / 0508 TAUTOKO (24/7). This is a service for people who may be thinking about suicide, or those who are concerned about family or friends.
Depression Helpline: 0800 111 757 (24/7) or text 4202
Samaritans: 0800 726 666 (24/7)
What’s Up: online chat (3pm-10pm) or 0800 WHATSUP / 0800 9428 787 helpline (12pm-10pm weekdays, 3pm-11pm weekends)
Kidsline (ages 5-18): 0800 543 754 (24/7)
Rural Support Trust Helpline: 0800 787 254
Healthline: 0800 611 116
Rainbow Youth: (09) 376 4155
If it is an emergency and you feel like you or someone else is at risk, call 111.
Victim Support 0800 842 846
Rape Crisis 0800 88 33 00
HELP Call 24/7 (Auckland): 09 623 1700, (Wellington): be 04 801 6655 – 0
For male abuse survivors:
Road Forward Trust, Wellington, contact Richard 0211181043
Better Blokes Auckland, 099902553
Mosaic – Tiaki Tangata Peer support for males who have experienced trauma and sexual abuse: 0800 94 22 94
The Canterbury Men’s Centre, 03 3776747
The Male Room, Nelson 035480403
Male Survivors, Waikato 07 8584112
Male Survivors, Otago 0211064598
For female survivors:
Help Wellington, 048016655
Help, Auckland 09 623 1296.
For urgent help: Safe To Talk 0800044334.