Bill sets legal framework for state abuse survivor redress

The Redress System for Abuse in Care Bill was referred to Parliament’s Social Services and Community Committee after a 68-55 vote along party lines on October 21.

The proposed law recognises a person’s experience of abuse in state care and offers a pathway as an alternative to litigation, to provide for redress for abuse in care. Redress includes a financial payment, an apology, access to care records and legal services, and counselling or other wellbeing services, Minister Erica Stanford said in the first reading debate.

The Bill will require named state agencies to publish their eligibility criteria for redress. The Bill does not apply to claims that currently sit with school boards, faith-based organisations or other non-State providers, Ms Stanford said.

The Bill also introduces a new process for some very serious offenders who are survivors of abuse in care accessing financial redress in new claims. This is to ensure that the granting of financial redress to people who have committed serious offences does not bring the State redress system into disrepute, Ms Stanford said.

The “Government thinks it’s really important, to maintain public confidence in this scheme, that redress payments to serious offenders are considered through a separate and independent process”.

Ms Stanford stressed the process will apply to all new claims made from May 9, 2025, and “we expect that it will apply to around 100 claims a year. It does not apply to claims lodged prior to this date or to top-ups of pre-existing claims”.

Opposition MPs criticised the Bill, especially the establishment of a separate process for new claims by serious offenders who are also survivors.

Green Party MP Hūhana Lyndon said: “Instead of justice, we now see the division of survivors; deciding the people who can access redress and those who are too undeserving, and that’s really heavy on the heart when you think about the generational impact of abuse in state care on our whānau, on our whaikaha, on our takatāpui, on te iwi Māori, Pasifika, those in our community who remain harmed at this time.”

Another piece of legislation, The Responding to Abuse in Care Legislation Amendment Bill – introducing changes to improve the care system – passed its third reading on October 21.

FULL  STORY

State abuse redress carve out for criminals decried by opposition (By Anneke Smith/Radio New Zealand)

Redress System for Abuse in Care Bill – First Reading (NZ Parliament)