The Royal Commission of Inquiry into Abuse in Care

The Royal Commission of Inquiry into Abuse in Care is a royal commission established in 2018[1] by the New Zealand government pursuant to the Inquiries Act 2013 to inquire into and report upon responses by institutions to instances and allegations of historical abuse in state care and faith based institutions between 1950 and 2000.[2]

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History

Creation

On 4 December 2017, Cabinet agreed to establish an inquiry into abuse in state care under the Inquiries Act 2013. It also agreed that a Ministerial Working Group be set up to consider the potential scope and implementation of the Inquiry, led by the Minister for Children/of Internal Affairs supported by the Minister for Social Development. The terms of the inquiry were announced in November 2018, and at that time the scope was widened from covering abuse in state care to include abuse in faith based institutions.[3]

The Department of Internal Affairs is now responsible for administering the independent Inquiry.[4] The Rt Hon Sir Anand Satyanand was appointed as the Inquiry Chair and member of the Inquiry.[5] Prime Minister Jacinda Ardern and Minister for Children Tracey Martin gave details of the inquiry which was formally established on 1 February 2018.[6]

Resignation of chair and pandemic delays

In August 2019, Satyanand announced his resignation from the Commission. In a surprise announcement, he cited the growing workload, which was higher than predicted, and his age of 75. He left the Commission in November 2019 and became the chancellor of Waikato University.[7][8] Coral Shaw took over as chair, and Julia Steenson joined the Commission in June 2020.[9]

The work of the Commission was delayed by the COVID-19 pandemic in New Zealand, with reduced sessions from March through June 2020.[10]

Interim report

The Commission released its interim report in December 2020. The report estimated that about a quarter of a million people were abused in state-based and faith-based care, though this figure may be conservative and it will be impossible to determine the precise number of people abused, because of data gaps and deficiencies. It reported that most of the abused came from Maori and Pacific families, disabled people, and women and girls. It found that abusive behaviour ranged from common physical assaults and sexual abuse through to unreasonable physical restraint, cruel, inhuman and degrading treatment, and medical procedures such as ECT therapy as punishment. The Commission's interim report said the state's redress processes so far had been overly focused on financial implications to the state, rather than on providing appropriate compensation to survivors and ensuring their wellbeing. It also said that survivors who made claims were frequently disbelieved and forced to retell their experiences again and again, retraumatising them.[11]

Final report

The Commission intends to release a final report with recommendations to the government. This is due to be produced by 3 January 2023.[12]

Commissioners
  • Judge Coral Shaw – Chair
  • Sandra Alofivae MNZN – Commissioner
  • Dr Andrew Erueti – Commissioner
  • Paul Gibson – Commissioner
  • Julia Steenson – Commissioner

Anand Satyanand is a former commissioner. Simon Mount QC is the Commission’s Counsel Assist.

Criticisms

The inquiry faced criticism for appointing a gang member into a key role. Mongrel Mob member Harry Tam was employed as the inquiry's head of policy and research.[13]

An abuse survivor accused the Commission of shutting down questions into conflicts of interest, saying that when he asked about commissioners' involvement with religious organisations, commissioners intervened to prevent further questions. The survivor received two letters of apology over the incident.[14]

It was also criticised after some survivors were unclear on whether interviews they had done were part of the official hearings or were 'mock' sessions. Some survivors where concerned that evidence from those sessions would not be used and that they would need to repeat traumatising sessions. Commissioner Sandra Alofivae said that the interviews were official and evidence from them would be used, describing the sessions as "soft pilots".[15]

A child sex offender was allowed to attend meetings with sexual violence survivors. The man, who is on the child sex offender register, was a partner of a person attending a panel.[3] The Commission took three months after learning that the man had convictions to determine what they were.[16] Internal Affairs Minister Tracey Martin said that her confidence in the commissioner "had been shaken"[17] but later expressed confidence in the Commission.[3] Senior Commissioner Paul Gibson faced calls to resign but refused to do so.[16]

References
  1. Cheng, Derek Cheng, Derek (31 January 2018). "Prime Minister Jacinda Ardern unveils inquiry into state care abuse". NZ Herald. ISSN 1170-0777. Retrieved 1 February 2018.
  2. "Government inquiry into abuse in state care announced". Newshub. Retrieved 1 February 2018.
  3. "Another mis-step at the Royal Commission into child sex abuse". RNZ. 30 September 2019. Retrieved 3 October 2019.
  4. "Inquiry into abuse in state care". Māori Television. Retrieved 1 February 2018.
  5. "'Incredibly sensitive and tough area' – Royal Commission of Inquiry into abuse in state care announced by Jacinda Ardern". TVNZ. Retrieved 1 February 2018.
  6. "Abuse inquiry a chance to confront NZ's history – Ardern". Retrieved 1 February 2018.
  7. "Sir Anand ditches commission role for Waikato University job". RNZ. 6 August 2019. Retrieved 3 October 2019.
  8. Leaman, Aaron (6 August 2019). "Sir Anand Satyanand to step down as state abuse inquiry chair". Stuff. Retrieved 3 October 2019.
  9. "Royal Commission into abuse appoints fifth Commissioner". RNZ. 17 June 2020. Retrieved 17 June 2020.
  10. "Private sessions postponed due to the COVID-19 lockdown are to resume | Abuse in Care - Royal Commission of Inquiry". www.abuseincare.org.nz. Retrieved 17 June 2020.
  11. McRae, Andrew (16 December 2020). "Royal Commission into Abuse in Care releases interim report". RNZ. Retrieved 22 December 2020.
  12. "Our journey | Abuse in Care - Royal Commission of Inquiry". www.abuseincare.org.nz. Retrieved 22 December 2020. The final report of the Royal Commission of Inquiry is due no later than 3 January 2023. The findings and recommendations are to be issued to the Governor-General.
  13. "Royal Commission into state abuse: Scope of inquiry into gang member remains unclear". RNZ. 16 July 2019. Retrieved 3 October 2019.
  14. "Questions on conflict of interest in abuse inquiry 'shut down'". RNZ. 8 April 2019. Retrieved 3 October 2019.
  15. "Royal Commission denies retraumatising 'mock' hearings". RNZ. 10 June 2019. Retrieved 3 October 2019.
  16. "Royal Commission: Calls for commissioner Paul Gibson to step down". RNZ. 25 September 2019. Retrieved 3 October 2019.
  17. "Royal Commission: Minister's confidence 'has been shaken'". RNZ. 24 September 2019. Retrieved 3 October 2019.

Official website

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