But More Work Needs To Be Done To Remove Limitation Laws, Says Lawyer

The Abuse in Care Royal Commission of Inquiry, which looked at tamariki, rangatahi and adults in State and faith-based care in Aotearoa New Zealand between the years 1950-99, handed down its long-awaited findings today.

Shine Lawyers’ Special Counsel, Mobeena Hills’ said “as many as 2,932 private sessions, written accounts and witness statement were heard and received by the Commission. Thousands of abuse survivors shared their stories across 133 days of public hearings, including our clients.”

“Shockingly, more than 1.1Million documents were received with complaints and recommendations to address institutional wrongdoing.”

“Survivors today will have many questions out of today’s findings. We’re encouraged by the recommendation to introduce a holistic redress scheme.

“It also recommended that the Crown offer faith-based institutions and indirect State care providers a window of opportunity to voluntarily join the scheme. We now wait for institutions and churches to acknowledge the harm caused to survivors.”

“The most significant of the recommendations is the Inquiry’s recommendation that apologies should acknowledge harm and should include a commitment to financially support the restoration of wellbeing and mana for survivors.”

“It is also a significant step forward to allow for claims to be reopened to allow for fair compensation where the Crown deems a settlement inadequate for the harm caused.”.

“The Australian Royal Commission into Institutional abuse learned that it can take more than 20 years for a survivor to muster the courage to confront the wrongdoing they were subjected to. The NZ Royal Commission has fallen short in its understanding of a survivor’s journey by not acknowledging the need to lift limitation laws. It places the power back in the hands of the Crown and limits the scope for compensation for historic abuse. This is not holistic, it’s a cop out.”

Shine Lawyers’ client, Jack*, was abused at school when he was 11 years old by a Catholic Priest. In 2022, Jack read about Shine Lawyers’ work in abuse law in the media, when another client went public about the abuse at the School. The School Board accepted Jack’s claim but said that without the Royal Commission’s redress due to be announced was not in a position to meet our client’s claim.

Jack’s relationships and employment history were affected. He was diagnosed with PTSD, anxiety and depression and relies on anti-depressants and anti-anxiety mediation to manage his symptoms. He takes sleeping tablets and receives psychiatric treatment when required.

It became obvious in the course of Shine’s investigations that the abuse dated as far back as the 1950s, decades prior to Jack’s abuse. There was a pattern of abuse, and it is highly probable that several other complainants are yet to come forward. It is also highly probable that had the priest been reprimanded for his conduct earlier, Jack’s abuse may not have occurred.

Currently in New Zealand there is a six-year limitation date for a claimant to bring a claim against a defendant from the date the cause of action or omission arose (the limitation period is a defence and there are exceptions as to when the limitation period rises). As the Royal Commission Inquiry in Australia found, it was nonsensical to have such a date apply to historic abuse survivors as on average it takes an historic abuse survivor 25 years to recall the abuse due to a psychological term called repressed memory, the mind’s way of suppressing the abuse. The Royal Commission in Australia abolished the archaic limitation laws that apply to historic abuse, which has meant that thousands of history abuse survivors have been able to access compensation and closure.

Shine Lawyers made submissions in 2019 for the scope of the New Zealand enquiry to be widened from considering only abuse in state care, to faith-based institutions as well. The scope of the Inquiry was later widened.

In New Zealand, there is the added complexity of ACC, which prevents claims for personal injury. In contrast, a recent landmark case in Australia awarded the sum of $5.5million to the claimant.

The Royal Commission Inquiry in December 2021 released its findings that on average the economic cost of abuse is around $900,000. However, the average offers of settlement for historic abuse claims in New Zealand is around $20,000.

“We are hopeful that we see some positive change, not just around the long-awaited redress scheme, puretumu torowhānui, but positive change to legislation to allow claimants access to compensation that isn’t described as a slap in the face or are instead vigorously defended. “

* Jack’s name has been changed for anonymity.

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