In the first of a series looking at the current status of redress schemes for victims of abuse in different jurisdictions, this blog considers the position in New Zealand where the government is facing calls to announce details of a national redress scheme before making a formal national apology in Parliament on 12 November 2024.

The Royal Commission established in 2018 to investigate children, young people, and vulnerable adults’ experiences of abuse and neglect in State and non-State care between 1950-1999 found that existing claims processes and government responses to abuse in care were ineffective and retraumatising for survivors. The redress report recommended immediate actions to improve redress and the establishment of a single, independent redress system to replace existing claims processes. They also recommended this be open to survivors who had previously settled claims.

Auckland University Professor Stephen Winter, the author of Monetary Redress for Abuse in State Care (Cambridge University Press 2022) said that "Generally, the Royal Commission states this really clearly that processes have been protracted, very difficult and not providing payments that have been adequate.” and that "If we look at similar programmes overseas we see they are paying significantly - maybe four five times as much per survivor.” and “So I think we can certainly hope to think that the resulting redress programme that is going to emerge from the work of the Royal Commission here, is going to provide a great deal more money for survivors.”

Minister Erica Stanford, the lead coordination minister for the government's response on the report of the Royal Commission confirmed she would introduce an omnibus bill aimed at improving state care on the day of the apology but has given no commitment on whether a state backed redress scheme will also be announced on 12 November. She said that "We are still working through hugely complex decisions, that all have to go through Cabinet. We are working as fast as we can, and some of those decisions have yet to be made before the announcement.”

In July 2024 the Royal Commission found that State and faith-based institutions who were entrusted to care for many thousands of children, young people and adults between 1950-1999 failed in their duty to nurture and protect the people and also failed in their duty to hold abusers to account. Of the estimated 655,000 children, young people and adults in care during the inquiry period it is estimated that 200,000 were abused and even more were neglected. At that time it was believed that the total compensation due to survivors could run into billions of dollars.

For now, whether redress will be payable, by whom and how much that redress might be remains unclear for the estimated 200,000 victims and survivors who would be entitled to apply for it.