1.         Marylands School was established by the Catholic Hospitaller Order of the Brothers of St John of God (the Order) in Christchurch in 1955. The Order is one of the oldest communities of religious clergy in the Catholic Church. Its members take vows of poverty, chastity and obedience, and devote their life to serving the sick and socially disadvantaged. But the school was a place of depravity, sexual, physical and spiritual violence towards the tamariki and rangatahi in the care of the brothers. The work of Hebron Trust, run by the Order, began in 1986. It too became a place where rangatahi were subjected to sexual and physical violence at the hands of one of the brothers of the Order. Survivors have referred to these places as ‘hell on earth’.

2.         Right up until the late 1980s, successive governments deemed it appropriate to place disabled children and young people in special facilities to be trained, rather than them staying at home and being educated with other tamariki and rangatahi in schools. The tamariki and rangatahi who were placed in the care of Marylands School (from the age of six) and Hebron Trust (usually teenagers, although some as young as eight), were among the most vulnerable in our community. Many of the boys placed at Marylands were disabled or had learning or behavioural needs, and those in the care of Hebron Trust were often ‘street kids’. Many were rangatahi Māori, in need of safety, shelter and support.

3.         Typically, boys were sent to Marylands in the belief it was the best place for them, where their care and learning needs would be met by the St John of God brothers, under the protection of the Catholic Church and God. Instead, they suffered extreme abuse and neglect at the hands of those entrusted to protect them.

4.         The Catholic Church and medical professionals assumed that tamariki and rangatahi were safe and being cared for. The State appeared indifferent to the purpose of the school. Anxious parents were led to believe Marylands was an innovative educational facility and the brothers had expertise in educating disabled children. Police, the courts and other social agencies referred survivors to Hebron Trust, relying on its reputation for supporting young people and because of Brother McGrath’s perceived standing in the community.

5.         In fact, the Christchurch community, parents, government, medical and other experts were groomed and deceived by the Order. The tamariki were not receiving a proper education and many brothers within the Order were raping, beating and severely neglecting the needs of those in their care. Often, survivors were not believed when they told people of the abuse. Seeing sexual abuse as ‘a sin’ and not a crime, bishops and leaders within the wider Catholic Church and the Order took steps to protect the reputation of the Order’s brothers when allegations of abuse were made.

Te Kura o Marylands
Marylands School

6.         In 1954 the Bishop of Christchurch invited the Order to expand its operations to Christchurch and offered it the Marylands property. The Order accepted and established Marylands School, a residential special school for disabled boys. The establishment of the school, which separated disabled children from their families, communities and peers, reflected the strength of

• eugenics (a set of beliefs and practices that aimed to improve the genetic quality of the human population); and
• ableism (which is the active expression of eugenics and a form of social devaluation and includes the conscious or unconscious discrimination in favour of able-bodied and able-minded people); that informed this country’s social policy at the time.

7.         The Order sent five brothers from Australia to staff the school. Most were untrained as teachers and without any specialist skills to educate disabled children. All five were later accused of abuse within the first year of the school opening. These included allegations that some tamariki were abused daily.

8.         Clinical psychologist Dr Michelle Mulvihill, who worked for the Order in Australia, said during the Royal Commission’s Marylands School hearing: “The Catholic Church in New Zealand engaged a group of untrained, religious strangers to educate children in need of care at Marylands. These men then used and abused their spiritual and physical power and dominance, destroyed the lives of children and then discarded them.”^[1]

9.         Nearby to Marylands School was St Joseph’s Orphanage, run by a different Catholic institution, the Sisters of Nazareth.^[2] The Royal Commission has heard evidence from orphanage survivors that they too were abused by the Order’s brothers.

10.      Although the State, including successive ministers of the Crown, supported the establishment and ongoing funding of the school for 30 years, its monitoring of the school, and the children and young people there, was grossly inadequate. When children did disclose abuse to police and social workers, they were not believed.

11.       Marylands took in boys from throughout Aotearoa New Zealand including State wards and those with learning and behavioural needs.

12.      The Order did not record whether boys were disabled, or their ethnicity, and did not adequately assess their needs. The school failed profoundly in its core task, to provide an education to many of the boys sent there. Children were often put to work in the laundry, kitchen and on the land rather than being taught in class. Their education or training was often completely neglected.

13.      Of the 537 boys who attended Marylands School, more than one in five (118) reported abuse while in the school’s care. Survivors told the Inquiry that the brothers routinely raped, masturbated and indecently assaulted the young boys in their care. They forced boys to masturbate and perform oral sex on them. Abuse was so normalised, some boys abused one another. There were times when two or more brothers sexually abused a child at the same time or made the boys perform sexual acts on each other in front of the brothers. Sometimes this happened behind closed doors. At times, it was inflicted in plain sight of others as a punishment or threat. Children were threatened and physically beaten into complying with the wishes of the brothers and lived in constant fear.

14.      As well as the physical violations, the brothers exploited religious beliefs and teachings to abuse, but also prevent disclosures from the boys and young people as they feared retribution by God. Some brothers characterised the sexual abuse as spiritual cleansing, used religious language as justification for what they were doing or abused boys as part of religious activities. One survivor described being raped on the marble altar table. Another was told: “If you be a good little boy, you’ll get to heaven.”

15.      The brothers, having arrived from Australia (noting that Brother McGrath was a New Zealander) had no knowledge of Aotearoa New Zealand culture or any education about te ao Māori, or about the cultural needs of any other groups. The Catholic Church and Bishop of Christchurch did not ensure the Order’s members recognised the relevance of te Tiriti o Waitangi when caring for tamariki and rangatahi Māori and did not provide care that was consistent with te Tiriti o Waitangi. Some brothers had racist and negative attitudes toward Māori students that they demonstrated overtly, including calling the boys ‘niggers’. They denigrated cultural practices and, in one instance, played on a Māori boy’s fear of death by showing him a dead body.

16.      Amid so much physical violence and sexual abuse, life at Marylands was terrifying and unpredictable. Some boys witnessed violence that they believe may have led to the deaths of other boys. Sexually explicit behaviour and pornographic material was impossible to avoid. Boys talked about ending their lives. There was no escape. The boys were isolated, and their claims were not believed. Cruelty permeated the air.

Te Tarati o Hebron
Hebron Trust

17.      After the Order left Marylands in 1984, the Bishop of Christchurch invited the
brothers to establish a youth ministry to support at-risk young people, many of whom were Māori.

18.      The State formally recognised Hebron Trust as an appropriate place to care for young people in 1990, by approving its registration as a State service provider.

19.      Through Hebron Trust, the Order provided young people with temporary housing. Brother Bernard McGrath, one of the Order’s most prolific serial rapists,^[3] was the sole brother responsible for the operations. He used his position at Marylands to rape and sexually and physically abuse many of the children. At Hebron Trust, he continued his prolific abuse of rangatahi, which escalated in scale and nature.

20.     Brother McGrath was able to reach into all areas of the Christchurch community, unchecked and unquestioned, to target its young people, particularly rangatahi Māori. Shockingly, although leaders within the Order knew of allegations of his abuse at Marylands, the reports of abuse were not investigated. This allowed Brother McGrath to carry on his reign of terror at Hebron.

21.      The full scale of Brother McGrath’s abuse will likely never be known. We do know that 28 individuals, most aged under 18, reported to the Order that they had been abused in Hebron Trust’s care by Brother McGrath along with one allegation of abuse by a lay member of staff. Many of those young people were homeless, referred by social service agencies or by the criminal and youth justice system. The brutality and severity of McGrath’s abuse towards Hebron Trust victims was at the top of the scale in its nature, severity and long-term damage to survivors.

Ngā Pānga Takakino
Effects of abuse

22.     The tūkino (abuse, harm and neglect) had many effects on the boys at Marylands School, Hebron Trust and St Joseph’s Orphanage. Some became violent and exhibited inappropriate sexual behaviour. In the long term, some had lasting and painful physical injuries from the abuse. About three-quarters of survivors we spoke to had turned to drugs or alcohol as a way of coping with the abuse they suffered, some while still at school and, often, this led to criminal offending and joining gangs. Survivors told us of their ongoing mental distress, physical health issues and sexual confusion.

23.     The tūkino resulted in loss of trust and religious faith as well as an inability to form meaningful friendships and relationships with friends, children and partners. The lack of education and/or training at Marylands School severely limited job opportunities with most survivors only able to secure low paying, menial work.

24.     Many told us they had contemplated or attempted suicide. Tragically, others have lost their lives this way.

Ngā nawe me te kawenga
Complaints and accountability

25.     From the late 1970s through to the early 2000s, leaders of the Order were told of numerous allegations against brothers.

26.     Many children reported abuse, including to the Order’s brothers, the Order’s leaders, social workers and police. Mostly these children were not believed, their experiences denied. As disabled people they were not considered credible. In nearly all cases, the Order failed to act on these reports.

27.      A 1977 anonymous complaint of sexual abuse against brothers Moloney and McGrath to the Order’s Sydney-based Provincial was disregarded. However, later that year, the Order applied its ‘geographic cure’. Moloney was transferred to the Order’s operations in the Vatican. McGrath was transferred back to Kendall Grange, the Order’s institution for disabled children in Australia. There he continued his abuse until being posted back to Christchurch to eventually establish and head Hebron Trust.

28.     Of the 37 brothers from the Order who ministered in the Christchurch community when the Order operated Marylands, 21 had allegations of some form of abuse made against them. Nineteen brothers had specific allegations of child sexual abuse made against them.

29.     Throughout the 28 years Marylands operated, on average there would be seven brothers at a time appointed to the Christchurch community, five of whom would be alleged perpetrators of abuse, and four of these five would be alleged perpetrators of sexual abuse. On average, abusers would stay longer at Marylands than those who were not alleged to have abused.

30.     There were two police investigations, 10 years apart, but these were hindered by a lack of co-operation from the brothers and the Order. The Australian-based Order spent significant sums on legal costs over several years to try to stop extradition of several brothers to face trial in Aotearoa New Zealand. Ultimately, the brothers returned to Aotearoa New Zealand.

31.      In 1993, Brother McGrath was sentenced in Christchurch to three years’ imprisonment for 10 charges of indecencies committed upon tamariki and rangatahi between the ages of eight and 16 years. But it was not until 2006 that brothers Garchow and Moloney would be returned to Aotearoa New Zealand to face justice along with Brother McGrath and Brother IU.

32.     Brother Moloney, who headed Marylands School in the 1970s and returned to the Christchurch community in the 1980s, was convicted in Christchurch in 2008 on seven charges,^[4] involving five complainants,^[5] and sentenced to two years and nine months’ imprisonment.^[6] He was released from prison on parole in September 2009 and returned to Australia. The Order told media: “Brother Moloney is still a member of the Order and will be accommodated within the Order in Australia.”^[7] He died in Sydney in 2019.

33.      The trials of Brother Garchow and Brother IU did not take place. In July 2008, due to illness of survivors and Brother Garchow himself, a permanent stay of the proceedings was entered.^[8] He died in March 2011. In what was seen by police as an attempt to discredit the complainants in his case, Brother IU was successful in his application to have each undergo a psychological examination. The delays this caused, along with the historic nature of the allegations meant, based on fair trial rights, Brother IU was able to successfully apply to have all charges stayed or dismissed on the day his trial was going to start.

34.     In 2006 Brother McGrath was convicted in Aotearoa New Zealand on 22 charges in relation to his time at Marylands of “doing and inducing indecent acts on boys under 16 years of age”.^[9] The sexual assaults included touching, fondling, masturbation and oral sex but he was found not guilty of charges of anal rape.^[10] He was sentenced to five years’ imprisonment.^[11] The sentencing judge noted that the distressing “victim impact reports... refer to anger, fear, anxiety, nightmares, low self-esteem, post-traumatic stress disorder and, in many cases, gross problems in later life”.^[12] Brother McGrath was released from prison in 2008.^[13]

35.     In 2018, Brother McGrath was convicted in Australia and sentenced to 33 years’ imprisonment for 64 offences against 12 boys at Kendall Grange over seven years and in 2019, he was convicted and sentenced for a further 29 years for crimes against another 15 Kendall Grange boys. Some of these convictions were for sodomy.

36.     In total, Brother McGrath was convicted in five court cases, two in Aotearoa New Zealand and three in Australia, of more than 100 offences over three decades. He will likely spend the rest of his life in an Australian prison

37.      The police investigations and court processes further disadvantaged survivors. Some evidence was set aside because survivors were seen as unreliable or open to suggestion because of their disability. Police did not keep any data on the nature of survivors’ disabilities, nor did they call in specialists to help them communicate with complainants who had a disability. Police also failed to provide culturally appropriate processes when engaging with Māori and Pacific people.

38.      NZ Police agreed it could be difficult for disabled people to get a fair hearing because criminal trials depended on clear communication, an ability to handle cross-examination, and an understanding of complex procedures in court that can move very quickly.^[14] The criminal justice system did not serve victims of sexual abuse and their whānau well, whether disabled or not.

39.     We were told by survivors and their whānau that the criminal justice process failed to take account of survivors’ disability or allow them to have caregiver support while giving evidence. They also said the criminal justice process made no allowance for their disability during cross-examination and was too quick to disallow their evidence rather than providing appropriate support.

40.     Although institutional criminal accountability is within NZ Police’s function, no consideration was given to whether the Order, its senior leaders or both, might be criminally responsible.

41.      The presence of the Order in Aotearoa New Zealand was facilitated by the Bishop of Christchurch who failed to provide adequate oversight, as required, over the Order’s operations at both Marylands and Hebron. In addition, once the reports of abuse became public knowledge in 2002, Bishop Cunneen failed to take any responsibility for the Order’s conduct. Instead, he expressed discontent for the media attention and spoke out to protect the reputation of the church.

Ngā wāwāhinga o ngā here tikanga tangata
Possible breach of human rights obligations

42.     The evidence indicates the Crown may well have breached human rights obligations to those in care at Marylands School and Hebron Trust. There are also potential questions about the liability of the Order of St John of God and members of the Order for abuse of those who received services from Hebron Trust. Liability could potentially arise under the New Zealand Bill of Rights Act for acts done after the Bill of Rights came into force on 25 September 1990.^[15]

43.     There would no doubt be hurdles for any claimant and it is not the Inquiry’s function to determine liability, nor can we, under the Inquiries Act 2013. That is a matter for the courts or other appropriate bodies. But our findings give rise to questions about liability, including for torture^[16] and other fundamental human rights breaches. We signal possible recommendations in the Final Report that further steps be taken to determine liability of the Crown, the Order and relevant individuals.

44.     In the meantime, we encourage the Crown and the Order to take good-faith steps to assess their liability in light of this report. We also encourage proactive action to ensure that survivors of abuse at Marylands School and Hebron Trust have effective and efficient access to justice.

45.     We must enable a restoration of mana, and for healing to occur. Fundamental changes to those institutions and their systems that caused that harm will be required if we are to ensure that such horrific harm and exploitation of tamariki and rangatahi does not happen again. Such change will assist Aotearoa New Zealand to become a fully socially cohesive and inclusive society where whānau are thriving, healthy, safe, and are respected.

Te Tiriti o Waitangi

46.     The State, the Catholic Church and the Order did not provide care consistent with the principles of te Tiriti o Waitangi.

47.      Treaty jurisprudence recognises that obligations may extend beyond the Treaty partners and in particular may follow tamariki Māori whether in care of the State or faith-based institutions. With some faiths, including the Catholic Church, this relationship with Māori stems back to the signing of te Tiriti o Waitangi.

Ā mātou kitenga
What we found

48.     We make 48 findings in this report. They set out the failures of the Catholic Church, the Order and the State.

49.     In summary, the State registered and financially supported Marylands School. That school did not provide adequate education and safeguarding of the tamariki who were sent there – abused and neglected, and deprived of their human rights. The State registered Hebron Trust and government agencies referred rangatahi at risk to Hebron Trust without ensuring their care and safety. The Crown failed to ensure that the care provided at both Marylands School and Hebron Trust was consistent with the principles of te Tiriti o Waitangi. The State also failed to ensure that there was proper accountability for the abuse and neglect inflicted by the Order.

50.     The Catholic Church and the Order established Marylands School and Hebron Trust to the benefit of both but did not safeguard the tamariki and rangatahi in their care or provide them with support, learning or understanding of te ao Māori. The brothers caused immeasurable tūkino to these tamariki and rangatahi, actively sought to evade accountability and did not consistently provide the support and healing that the survivors and their whānau deserved.

51.      The Order has never proactively sought out survivors who attended Hebron Trust facilities and offered help or puretumu torowhānui, holistic redress. Neither has the Catholic Church, the Order, any successive bishop or Catholic Church entity. Neither the Catholic Church nor the Order have ever initiated any form of investigation into why abuse at Marylands was so prolific.

52.     This report documents how some individual abusers from the Order were convicted of a relatively small number of the hundreds of potential offences revealed to us by survivors or their whānau. But this is not a story about ‘bad apples’. This report spotlights that the Catholic Church, the Order and State must each bear responsibility for the tūkino that was suffered by so many boys, the impacts on their lives, and their whānau and their support networks, because it was the Church, the Order and State systems and institutions that shamefully enabled the abuse and ignored it or covered it up.

53.     The Catholic Church, the Order and State have not yet been found accountable for the magnitude of the tragedy that unfolded at Marylands School and Hebron Trust, or for failing to address that tragedy. Without accountability, there can be no confidence that such events will not be able to occur again. What we found here reinforces our view that the puretumu torowhānui, holistic redress, system and scheme that we recommended in our December 2021 report must be applied to both State and faith-based institutions.

54.     The findings in this report are also a reflection of broader systemic issues that continue to persist today. We will address these systemic issues in our Final Report in which we will make recommendations for change.

55.     Aotearoa New Zealand must heed the calls for accountability and justice. Fundamental changes will be required if we are to ensure that such horrific harm and exploitation of tamariki and rangatahi does not happen again.

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