197. As set out in more detail in the Inquiry’s redress report, He Purapura Ora, he Māra Tipu: From Redress to Puretumu Torowhānui, survivors could make a redress claim through the responsible State agencies’ out-of-court claims process. The redress available varied between agencies but could include an apology, a financial payment, a contribution towards legal aid debt, and counselling. However, as set out in that report, many survivors who did use such processes found them to be slow, difficult to navigate and inconsistent in terms of what they offered. [161]

198. Most of the Deaf survivors the Inquiry heard from have not sought or received redress for the abuse they suffered at Van Asch College (Van Asch) and Kelston School for the Deaf (Kelston). In some cases, survivors were unaware that they could do so. Māori survivor Milton Reedy (Ngāti Porou), who gave evidence at the Inquiry’s Ūhia te Māramatanga Disability, Deaf and Mental Health Institutional Care Hearing, boarded at Kelston from 5 years old and suffered physical and repetitive sexual abuse by a staff member and an older individual. Milton Reedy explained that he has never made a claim for the abuse he suffered at Kelston and he only learned from the Inquiry that this was even an option.[162]

199. The few survivors that the Inquiry heard from who have received redress are summarised below. In terms of financial redress, the amounts received are low.

200. Māori survivor Mr LF (Ngāti Maniapoto) sought redress from Kelston for physical and emotional abuse he suffered by Mr 222. He said the process was lengthy, stressful, retraumatising and impacted his whānau. The Ministry of Education undertook an investigation into his complaint. Crown Law advised in July 2016 that the investigation found there was no documentary evidence of Mr 222 hitting children and young people before 1990.[163] Mr LF considered that he was being punished for Kelston’s poor record keeping. The letter further advised that Mr 222 had been investigated by NZ Police, but no prosecution was brought because there was no evidence. After three years of fighting for redress, he was offered $5,000 as settlement for being smacked by Mr 222. He rejected the offer. Mr LF ultimately settled his claim in 2018 for $10,000 and he received an apology from the Ministry of Education.

201. Pākehā survivor Mr EV sought redress from the Ministry of Education for abuse he suffered at Kelston from Mr 222. In 2018 he received $5,000 from the ministry, which he considered inadequate. He reported Mr 222 to NZ Police, who took a statement from him, but Mr EV is not aware of any further action being taken. Mr EV fears that Mr 222 will pass away due to his age without ever being held accountable for his actions.

202. The Inquiry is aware of other former survivors at of Van Asch and Kelston seeking redress with legal assistance from Cooper Legal. Many of the claims had not been assessed or settled as of the date of this report. Cooper Legal told the Inquiry about the significant delays faced by claimants in dealing with the Ministry of Education, which causes further trauma to survivors.

Footnotes