Survivors and families arrive at parliament as part of a hikoi (Getty Images)
Survivors and families arrive at parliament as part of a hikoi (Getty Images)

The BulletinJuly 25, 2024

10 questions about the abuse in care inquiry asked and answered

Survivors and families arrive at parliament as part of a hikoi (Getty Images)
Survivors and families arrive at parliament as part of a hikoi (Getty Images)

At 4pm yesterday, the 3,000-page report was formally released, with MPs from across parliament uniting in condemnation of the abuse of an estimated 200,000 New Zealanders, writes Stewart Sowman-Lund in today’s extract from The Bulletin.

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What did the review recommend?

In short, a lot. The Spinoff’s Lyric Waiwiri-Smith has summarised the 138 recommendations made by the Royal Commission which, as she notes, could have mammoth ramifications if actioned. The report calls for a range of apologies from senior figures, including the prime minister and key leaders of multiple faith-based charitable and educational organisations, as well as government departments.

Christopher Luxon led the government apology in parliament yesterday, but a formal, cross-party apology will be made in November – by which time it’s anticipated the government will be in a position to respond to some of the recommendations, with others to be addressed next year. The report also urged a comprehensive redress scheme be set up through which compensation be paid to survivors and their families, including a $10,000 payment to children of survivors to prevent further intergenerational harm caused by abuse in care. In The Post this morning, Thomas Manch looks at the question of financial redress, with the government not making its position clear at this stage.

Who bears responsibility?

A number of figures have been found at fault for failing to stop the abuse in care while it was happening. Clearly, these are not those responsible for carrying out physical abuse, but they are found to have enabled it in some way. One consistent theme of yesterday’s government response – more on that below – was that the state, over decades, had failed New Zealanders. The Spinoff’s Joel MacManus has meticulously combed through the records to find the many ministers and senior leaders referenced by the report, given the Royal Commission only referred to them by job title.

It includes former high-profile MPs like prime ministers Helen Clark, Bill English and Jenny Shipley (each of whom served as a minister of health) along with churches and religious leaders, including the Pope.

How did the government respond?

As mentioned, the formal political apology to the survivors and their whānau will be made in November. However, a debate on the report in parliament yesterday saw political leaders from across the parliamentary spectrum react with awe and emotion at the Royal Commission’s findings. 1News’ Felix Desmarais wrapped the responses of key leaders, such as prime minister Christopher Luxon, who thanked the survivors for their bravery and strength. “You are heard and you are believed,” he said.

There are a lot of recommendations the government has been encouraged to swiftly adopt. Not all of them will be easy, or even desirable, for the coalition. The Herald’s Derek Cheng looks at what parts of the inquiry could be trickiest to address, such as those that appear to be in conflict with the government’s views on gang policy. The Royal Commission concluded that state care, in many instances, provided a direct pipeline into gang life or prison. When an emotional Karen Chhour, the children’s minister, was speaking in parliament, she was heckled with a call: “no boot camps”.

Did we learn anything more about the level of abuse?

We already knew that thousands of people were abused while in state care. But, for the first time, the government openly called the abuse suffered by some of those “torture”, reported Newsroom’s Laura Walters. Previously, the government of the day has refused to go this far. That’s because, while torture can often be used interchangeably with abuse, it carries a distinct meaning under a United Nations convention. “To the survivors of Lake Alice – some of whom are here today – thank you for your determination to ensure what you suffered was brought to light,” Luxon said in parliament.

Those in the care of the psychiatric facility were subjected to electric shocks without anaesthetic and given painful and immobilising paraldehyde injections. Allegedly for medical purposes, the report makes clear that these methods were actually used for punishment, Walters reported.

How have survivors reacted?

It’s impossible to summarise how all survivors feel given the level of abuse and the different experiences of each individual. Nevertheless, the response observed in the media has varied. Writing for The Spinoff, abuse survivor Steve Goodlass expressed concern over what he saw as omissions in the report. “The status quo with the Crown holding all the power remains,” he said, in response to a recommendation he saw as giving the government an “out” in terms of earlier recommendations to amend the civil litigation framework.

Others, such as those interviewed by Jenna Lynch for ThreeNews, were optimistic after the long journey to reach a resolution. Keith Wiffin, who was a member of the Royal Commission’s survivor advisory group and a key figure in persuading the Labour government to launch an inquiry, told the Herald’s Isaac Davison that yesterday was “incredibly emotional” and, at times, overwhelming. “But … I’m pretty happy that this day has finally happened.”

What about the response from other groups?

A number of other non-political groups and figures also responded to the report’s release. The Spinoff has collated these here. Among them is Lady Tureiti Moxon, chair of the National Urban Māori Authority, who said: “The true test of whether the government will whakatika, put right the wrong, is if they accept and implement the 138 recommendations.”

Minister for children Karen Chhour speaks (Hagen Hopkins/Getty Images)

Did things take too long?

The Royal Commission was critical of the time it took for political leaders to respond to previously made recommendations, reported RNZ, such as those around redress from a 2021 interim report. “There has been very little clear progress by the government in implementing the inquiry’s recommendations,” the commissioners said. There were also numerous delays to the final report being made public.

It was the previous Labour government that launched the Royal Commission of Inquiry. Chris Hipkins, who led the Crown’s response to the inquiry as minister of state services before becoming prime minister, admitted the slow pace and issued a challenge to the coalition. “We didn’t do enough and the ball now falls to you and your government,” he said. “This must be bigger than politics.”

What did the inquiry tell us about the role of te tiriti?

Te Ao Māori News explained that Māori dominated the devastating statistics from the inquiry, representing over 70% of those in state care. One survivor told the outlet she was struggling to reckon with a state apology when other forms of “institutionalisation” were still being carried out.

Writing for the The Spinoff today, Liam Rātana explains that there were two recommendations in the report directly pertaining to te Tiriti o Waitangi, including that those involved in implementing the inquiry’s recommendations should give effect to it. As Rātana notes, that could make the response from the likes of David Seymour and Shane Jones especially interesting given their public views on the Treaty and its principles. It was signalled recently that Seymour’s proposed Treaty Principles Bill could be made public this week, while his party – Act – launched a donations drive centred on the impending release.

What did the Jehovah’s Witnesses want to be kept secret?

In yesterday’s Bulletin I shared a report about a last-ditch effort by the Jehovah Witnesses to have aspects of the inquiry’s report pertaining to them kept secret. Now, as The Spinoff’s Toby Manhire reports, we know what they wanted to stay hidden. He reports this morning on a 64-page case study in the report concerning the Jehovah’s, which included details of abuse, the fear felt by survivors and the “arcane investigation process” followed by the church.

What else can I read or listen to?

There are simply too many reports to be shared in one Bulletin, but my starting advice would be: read the report, or as much of it as you can. ThreeNews’ Jenna Lynch, in her report last night, said it should be “compulsory” reading for anyone working with young or vulnerable people.

If you missed it, The Spinoff published a number of features from the Royal Commission across 2022 and 2023 as part of our Quarter Million series. I encourage you to take the time to read them and I think they take on an extra layer of significance in the wake of the report’s release. If you prefer to listen, the latest episode of The Detail includes an interview with freelance journalist Aaron Smale, who has extensively covered the inquiry, while a new episode of The Spinoff’s politics podcast Gone by Lunchtime analyses some of the key aspects of the report.

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Getty Images
Getty Images

The BulletinJuly 24, 2024

What you need to know ahead of the abuse in care inquiry report

Getty Images
Getty Images

The report comes to about 3,000 pages and contains dozens of heartbreaking stories, writes Stewart Sowman-Lund in this extract from The Bulletin.

To receive The Bulletin in full each weekday, sign up here.

At 4pm today, as parliament gathers, the final report from the Royal Commission of Inquiry into Abuse in Care will be made public. In Christopher Luxon’s words, it has been the “largest and most complex public inquiry ever held in New Zealand”. It’s taken nearly six years to reach this point, but the findings are extensive. The report comes to about 3,000 pages (which, when printed, weighs roughly 14 kilograms) and contains dozens of heartbreaking stories and hopeful recommendations for the future. Aaron Smale has covered the inquiry in impressive detail and writes for Newsroom that while the report is being released today, the full implications of it will not be sufficiently digested in the hours or even days subsequent.

But, there will be some immediate questions that need answers – such as around compensation and culpability. We already know the prime minister will lead a formal government apology to the hundreds of thousands of victims in November this year. We’ll delve into some of the outstanding questions tomorrow morning once we’ve had a chance to see the report. For now, here is what we know so far.

A ‘chance to confront our history’

Formally established in February 2018 by the last Labour government, the Royal Commission was initially expected only to examine circumstances between 1950 and 1999 where the state directly ran institutions involved in the care of children. “This is a chance to confront our history and make sure we don’t make the same mistakes again,” said then-prime minister Jacinda Ardern. In November of that year, the terms of reference were extended to include faith-based institutions. It’s estimated that as many as 250,000 children may have been abused, thus the name of The Spinoff’s series exploring the ramifications of the inquiry: The Quarter Million. In 2022, The Spinoff’s Reweti Kohere launched that series with a comprehensive feature on why the inquiry is so critical, and why New Zealand’s history is tarnished by the actions of those charged with looking after our most vulnerable. It’s a tough read, as it should be.

At the time that feature was published, shortly before public hearings concluded, about 2,200 people had already shared their experiences through private sessions, written accounts and witness statements. More than a million documents had been analysed. It’s understandable, then, why the release of today’s report has been delayed several times – though the Royal Commission has already made some recommendations, most notably in a 2021 interim report looking at potential redress for survivors.

Powerful, heart-wrenching stories

Thousands of people were interviewed as part of the inquiry, and their stories will form the backbone of the final report as well. Some of those will be revealed for the first time in grim detail at 4pm today, while others have already been reported in the media. As part of The Spinoff’s Quarter Million series, we reported on the “hellhole” that was Levin’s Kimberley Centre – one of the largest specialist institutions for New Zealanders with an intellectual disability – where children were given medication that made them “like zombies”. At Whakapakari camp on Great Barrier Island, The Spinoff’s Tommy de Silva described a “wilderness boot camp” where “punishment was abundant while food and running water were scarce”.

Erica Stanford, the minister overseeing the response to the Royal Commission, said that today will be a significant day for survivors and promised they would be heard, 1News reported.

What the response might look like

The apology later in the year will form one part of the redress. But the wider – and less public – response will have to be more substantive, as Elizabeth Stanley writes for Newsroom. The report is expected to make dozens of recommendations. This analysis by academic Stephen Winter for The Spinoff considers what could be made available to survivors and their families, following the release of an interim report in 2021, noting that harm suffered can go beyond purely the physical and mental and become intergenerational. The Pacific Media Network has looked at this as well. “Particularly with our Pacific communities, shame is a multi-layered thing, and it’s very tricky to deal with,” said criminology professor Tamasailau Suaalii-Sauniand. “We need to have intergenerational conversations that can be healing.”

But how might the government choose to address this? A proactively released cabinet paper gives some brief insight. Erica Stanford told cabinet it was “critical” to give “careful consideration to these recommendations given the scale and nature of abuse”. In acknowledging the need for an apology, the minister said there were “complexities” around apologising for historic abuse in care when abuse is occurring in the care system today. “Officials are reviewing the approach taken in other jurisdictions to managing this same issue.”

Crucially, Stanford also said any response would need to be considered in the light of “work programmes currently under way and government priorities”. That presents a potentially tricky tightrope for the government to walk. The report, which will include details of abuse suffered by young people attending military-style programmes, is being released within a week of the launch of the government’s so-called “boot camps” scheme, as Newsroom’s Emma Hatton reported last week. It also comes alongside the proposed removal of section 7AA of the Oranga Tamariki Act which, argued Luke Fitzmaurice-Brown for The Spinoff last year, was designed to protect Māori children – a group today’s report will almost certainly show disproportionately represented in the harrowing statistics.

With the report released at 4pm, join us on The Spinoff for comprehensive coverage as the inquiry’s findings and recommendations are made public.