159. In 2021, the then Government amended the Inquiry’s Terms of Reference. This was on the basis that it would allow Government to receive the Inquiry’s recommendations on redress and make improvements more quickly. After receiving He Purapura Ora, he Māra Tipu in December 2021, the Government expressed regret and recognised a range of the problems set out in the Inquiry’s report. The Government also stated that there was an urgent need for action.

160. Since then, there has been very little clear progress by the Government in implementing the Inquiry’s recommendations. Timeframes in He Purapura Ora, he Māra Tipu have not been met, and the Government has not met the timeframes it set itself. The steps the Government has taken to date are inconsistent in important respects with the recommendations of the Inquiry.

161. In 2023, the then Government deferred consideration of the civil litigation reforms the Inquiry recommended until after the Inquiry’s final report is provided. It is unclear whether the Government sees any problem with civil litigation settings or the accident compensation scheme as they relate to survivors of abuse in care, despite the Inquiry’s findings.

162. There have been some positive initiatives. However, many survivors in Aotearoa New Zealand continue to have no effective remedy, and the puretumu torowhānui system which the Inquiry recommended has not been implemented. In comparison to Australia, many survivors in Aotearoa New Zealand have a second or third-class system. Unless significant change occurs, this will continue to be the case.

163. Meaningful reform which provides fair, holistic and comprehensive redress will inevitably be expensive for the Government and faith-based institutions. The alternative is for many survivors and their whānau, and society at large to continue bearing these costs, despite the abuse having taken place in State and faith-based care and the survivors not being at fault.

164. Positive change for survivors requires prioritisation by decision-makers, matching investment and political will (that is, there is committed support among key decision-makers for a particular policy solution to a particular problem). [230] All of these features will be required to achieve the puretumu torowhanui scheme recommended by the Inquiry. As the Australian experience shows, civil litigation or other reform can be achieved that enables survivors to obtain financial awards and settlements that better reflect what abuse has cost them, and which are far beyond anything currently available in Aotearoa New Zealand including through the accident compensation scheme. The question is not whether these things can be done, but whether New Zealanders want to ensure survivors of abuse and neglect receive holistic redress that recompenses them for what happened, and the lost economic opportunities and loss of life enjoyment, and in particular whether Government wants to do them.

165. Survivors have been told that they matter, they are respected for their courage, and they have been heard. Some apologies have been given, and a national apology is being planned. The Inquiry considers much more needs to be done, mostly led by the Government. Government needs to act promptly so that survivors do not continue to die without receiving effective, holistic redress, the puretumu torowhānui recommended by the Inquiry.

Footnotes

[230] Post, LA, Raile, ANW & Raile, ED, “Defining political will,” Politics & Policy, Volume 38, Issue 4 (2010, pages 653–676).