Chapter 9: Implementation timetable Ūpoko 9: He wātaka whakatinanatanga
739. The tables below summarise the Inquiry’s recommended approach to implementation. The tables identify the entity or entities that the Inquiry expects will lead or co-ordinate implementation, and the timeframe by which the recommendation will be implemented. The timeframes set out in the tables below, such as “within 6 months”, means within that timeframe after the Inquiry’s final report is tabled in the House of Representatives. The Inquiry expects that all recommendations will be implemented in accordance with Recommendations 126 and 127.
Te whakatika i ngā hē ō ngā ra ō mua
Righting the wrongs of the past
Tūtohi 1: He hautū i te pūnaha puretumu torowhānui hei kaupapa matua, ināia tonu nei
RECOMMENDATION 1: Implement the new puretumu torowhānui system and scheme as an immediate priority
# |
Recommendation description |
Lead or co-ordinating entity/ies |
Timeframe |
1. |
Implement the 95 Holistic Redress Recommendations in He Purapura Ora, he Māra Tipu: From Redress to Puretumu Torowhānui |
Care System Office (co-ordinator) Some of the 95 Holistic Redress Recommendations will be led by other government agencies. For example, the lead agency for Holistic Redress Recommendation 78 (amending the Limitation Act 1950 and Limitation Act 2010) is the Ministry of Justice. |
Start immediately, complete within 18 months |
Tūtohi 2-4: Kia puta he tohu me te reo whakapahā tūmatawhānui i ngā kaitiaki matua
RECOMMENDATIONS 2-4: Key leaders to make public acknowledgements and apologies
# |
Recommendation description |
Lead or co-ordinating entity/ies |
Timeframe |
2. |
National apology in the House of Representatives |
Department of the Prime Minister and Cabinet |
Complete within 6 months |
3. |
Public acknowledgments and apologies |
All senior leaders of state and faith-based entities (including indirect care providers) and relevant professional bodies that have provided, or are providing, care |
Complete within 6 months |
4. |
Order of the Brothers of St John of God in Papua New Guinea |
The Archbishop of Wellington (Catholic) |
Complete within 6 months |
Tūtohi 5: Kia tirohia anō te tika o te whakahua ingoā huarahi, kaupapa tūmatawhānui rānei, kua tohia mo tētahi kaitūkino kura kitea i te hē
RECOMMENDATION 5: Review the appropriateness of street names, public amenities named after a proven perpetrator
# |
Recommendation description |
Lead or co-ordinating entity/ies |
Timeframe |
5. |
Streets, public amenities, public honours and memorials |
All State and faith-based entities (including indirect care providers) that have provided, or are providing, care Local authorities and other relevant entities |
Complete within 24 months |
Tūtohi 6-7: He whakatau kawenga ā-hara mo tētahi i ngā mahi tūkino, parakaho, patu tāngata rānei
RECOMMENDATIONS 6-7: Take steps to determine liability for torture, or cruel, inhuman, or degrading treatment or punishment
# |
Recommendation description |
Lead or co-ordinating entity/ies |
Timeframe |
6. |
Investigations to determine to determine liability for torture, or cruel, inhuman, or degrading treatment or punishment
|
NZ Police |
Start immediately |
7. |
Assist with NZ Police investigations into liability for torture, or cruel, inhuman, or degrading treatment or punishment
|
All State and faith-based entities (including indirect care providers) that have provided, or are providing, care |
Start immediately |
Tūtohi 8-9: He tohe tonu i ngā kaitiaki kaupapa ā-whakapono me te hunga kaitiaki kei waho i ngā kaupapa
RECOMMENDATIONS 8-9: Ensure faith-based institutions and indirect State care providers join the puretumu torowhānui system and scheme
# |
Recommendation description |
Lead or co-ordinating entity/ies |
Timeframe |
8. |
Faith-based institutions and indirect care providers to join puretumu torowhānui system and scheme |
Puretumu Torowhānui Agency |
Start immediately, complete within 12 months |
9. |
Survivor awareness of puretumu torowhānui system and scheme and support options |
All faith-based entities and indirect care providers that have provided, or are providing, care |
Start immediately, complete within 18 months |
Tūtohi 10: He whakahoki i te mana o te kaupapa pūnaha puretumu torowhānui mai i te Tīhema 2021
RECOMMENDATION 10: Backdate eligibility for the puretumu torowhānui system and scheme to December 2021
# |
Recommendation description |
Lead or co-ordinating entity/ies |
Timeframe |
10. |
Backdate eligibility for the puretumu torowhānui system and scheme |
Care System Office |
Complete within 12 months |
Tūtohi 11: Me whakatau he utu ki ngā purapura ora i pākia e ngā mahi tūkino i roto i ngā pūnaha taurima
RECOMMENDATION 11: Compensate survivors of abuse and neglect in care
# |
Recommendation description |
Lead or co-ordinating entity/ies |
Timeframe |
11. |
Reform accident compensation (ACC) scheme to provide compensation for survivors |
Ministry of Business, Innovation and Employment |
Complete within 24 months |
Tūtohi 12-13: He whakatau motuhake mō te Order of the Brothers of St John of God
RECOMMENDATIONS 12-13: Order of the Brothers of St John of God specific actions
# |
Recommendation description |
Lead or co-ordinating entity/ies |
Timeframe |
12. |
New and reopened claims about Marylands School, St Joseph’s Orphanage and Hebron Trust |
The Bishop of the Diocese of Christchurch |
Start immediately First public report within 6 months |
13. |
Marylands School, St Joseph’s Orphanage and Hebron Trust survivors awareness of the new puretumu torowhānui system and scheme |
The Bishop of the Diocese of Christchurch and the Provincial of the Oceania Province of the St John of God Brothers
|
Complete within 12 months |
Tūtohi 14: He whakamana i te Tiriti o Waitangi ki roto i te kaupapa pūnaha puretumu torowhānui
RECOMMENDATION 14: Give effect to te Tiriti o Waitangi in the puretumu torowhānui system and scheme
# |
Recommendation description |
Lead or co-ordinating entity/ies |
Timeframe |
14. |
Puretumu torowhānui system and scheme gives effect to te Tiriti o Waitangi |
Puretumu Torowhānui Agency |
Complete design within 6 months |
Tūtohi 15-17: He whakatō i ngā mōtika tangata ki roto i te kaupapa pūnaha puretumu torowhānui
RECOMMENDATIONS 15-17: Embed human rights into the puretumu torowhānui system and scheme
# |
Recommendation description |
Lead or co-ordinating entity/ies |
Timeframe |
15. |
Puretumu torowhānui system and scheme upholds human rights |
Puretumu Torowhānui Agency |
Complete design within 6 months |
16. |
Preformance indicators for puretumu torowhānui system and scheme |
Puretumu Torowhānui Agency |
Complete within 6 months |
17. |
Report on performance of puretumu torowhānui system and scheme |
Puretumu Torowhānui Agency |
Within 12 months of completing implementation of Recommendation 16 |
Tūtohi 18: Tirohia anō mehemea kei te ōrite ngā whakatau mō Lake Alice
RECOMMENDATION 18: Review Lake Alice settlements for parity
# |
Recommendation description |
Lead or co-ordinating entity/ies |
Timeframe |
18. |
Independent review of Lake Alice Child and Adolescent Unit settlements |
Care System Office |
Appoint independent reviewer within 3 months Complete review within 9 months after appointment |
Tūtohi 19: Whatatūria he arotakenga mouthake mō ngā poka ingoā kore me ngā urupā
RECOMMENDATION 19: Establish an independent investigation of unmarked graves and urupā
# |
Recommendation description |
Lead or co-ordinating entity/ies |
Timeframe |
19. |
Independent investigation of potential unmarked graves and urupā |
Care System Office |
Appoint independent advisory group within 6 months Complete investigation within 2 years after appointment |
Tūtohi 20: Whakatū tahua pūutea mo ngā kaupapa e hāngai ana ki ngā parurenga i hua ake i ngā mahi tūkino katoa i pā ki te hunga i roto i ngā pūnaha taurima
RECOMMENDATION 20: Establish a fund for projects connected to community harm arising from the cumulative impact of abuse and neglect in care
# |
Recommendation description |
Lead or co-ordinating entity/ies |
Timeframe |
20. |
Fund for projects addressing collective harm |
Care System Office, and faith-based institutions that provided, or provide, care |
Establish fund and start operating it within 18 months |
Tūtohi 21: He utua ā-whānau ki ngā whānau purapura ora
RECOMMENDATION 21: Whānau payments for whānau of survivors of abuse and neglect in care
# |
Recommendation description |
Lead or co-ordinating entity/ies |
Timeframe |
21. |
Whānau harm payment to address intergenerational harm |
Care System Office |
Commence payments within 18 months |
Tūtohi 22-24: Panonihia ngā tikanga whakawhiu ā-ture
RECOMMENDATIONS 22-24: Amend prosecution guidelines
# |
Recommendation description |
Lead or co-ordinating entity/ies |
Timeframe |
22. |
Amend the Solicitor-General’s prosecution guidelines |
Crown Law Office |
Complete within 12 months |
23. |
Prosecution guidelines for complainants, witnesses and defendants who are Deaf, disabled and/or experience mental distress |
Crown Law Office |
Complete within 12 months |
24. |
Training for prosecutors on new and amended guidelines |
Crown Law Office |
Start within 13 months |
Tūtohi 25: Tautokohia ngā tikanga ā-ture e tohu ana ki ngā take whakamau hara
RECOMMENDATION 25: Support judicial initiatives that address the causes of offending
# |
Recommendation description |
Lead or co-ordinating entity/ies |
Timeframe |
25. |
Support and invest in judicial-led initiatives that recognise and address harm |
Ministry of Justice |
Secure new investment within 12 months |
Tūtohi 26-32: Ngā panoni ture taihara
RECOMMENDATIONS 26-32: Criminal justice legislative changes
# |
Recommendation description |
Lead or co-ordinating entity/ies |
Timeframe |
26. |
Amend the Crimes Act 1961 |
Ministry of Justice |
Complete within 2 years |
27. |
Amend the Sentencing Act 2002 |
Ministry of Justice |
Complete within 2 years |
28. |
Amend the Oranga Tamariki Act 1989 |
Oranga Tamariki / Ministry of Social Development |
Complete within 2 years |
29. |
Review the Criminal Records (Clean Slate) Act 2004 |
Ministry of Justice |
Complete within 2 years |
30. |
Amend the Victims’ Rights Act 2002 |
Ministry of Justice |
Complete within 2 years |
31. |
List of specialist lawyers to give legal advice on puretumu torowhānui system and scheme |
Ministry of Justice |
Complete within 2 years |
32. |
Amend the Evidence Act 2006 |
Ministry of Justice |
Complete within 2 years |
Tūtohi 33: Te ako me te whakamatautau i te hunga e mahi ana i roto i te pūanah ā-ture
RECOMMENDATION 33: Education and training for people involved in the justice system
# |
Recommendation description |
Lead or co-ordinating entity/ies |
Timeframe |
33. |
Training for investigators, prosecutors, lawyers, and judges |
Ministry of Justice, Te Kura Kaiwhakawā / Institute of Judicial Studies, NZ Police, Crown Law Office and New Zealand Law Society |
Start training within 12 months |
Tūtohi 34-35: Panonihia ngā kaupapa arotake, ka whakatū ai he tira wherawhera motuhake
RECOMMENDATIONS 34-35: Amend investigation guidelines and establish a specialist investigation unit
# |
Recommendation description |
Lead or co-ordinating entity/ies |
Timeframe |
34. |
Review the Police Manual |
NZ Police |
Complete within 12 months |
35. |
Specialist unit for investigating and prosecuting abuse and neglect in care |
NZ Police |
Set up immediately |
Tūtohi 36-38: Ngā panoni ture tikanga ā-iwi
RECOMMENDATIONS 36-38: Civil justice legislative changes
# |
Recommendation description |
Lead or co-ordinating entity/ies |
Timeframe |
36. |
Prioritise civil proceedings to minimise litigation delays |
District Court, High Court, Court of Appeal and Supreme Court |
Start immediately |
37. |
Review the Legal Services Act 2011 |
Ministry of Justice |
Complete within 2 years |
38. |
Amend the Evidence Act 2006 (civil proceedings) |
Ministry of Justice |
Complete within 2 years |
Te tauāraitanga o te tangata noho pūnaha taurima
Safeguarding people in care
Tūtohi 39: Ngā mātāpono hei ārai, hei tiaki i te hunga kei tūkinotia i ngā pūnaha taurima
RECOMMENDATION 39: Principles for preventing and responding to abuse and neglect in care
# |
Recommendation description |
Lead or co-ordinating entity/ies |
Timeframe |
39. |
Implement Care Safety Principles |
Care System Office, Care Safe Agency and All State and faith-based entities and providing care (including indirect care providers) |
Start immediately |
Tūtohi 40: He rautaki āhuru mōwai ā-motu
RECOMMENDATION 40: National Care Safety Strategy
# |
Recommendation description |
Lead or co-ordinating entity/ies |
Timeframe |
40. |
Implement a National Care Safety Strategy on the prevention of, and response to, abuse and neglect and in care |
Care Safe Agency |
Complete within 12 months of the establishment of the Care Safe Agency |
Tūtohi 41-44: Te whakatū Tira Āhuru Mōwai motuhake
RECOMMENDATIONS 41–44: Establishing a new independent Care Safe Agency
# |
Recommendation description |
Lead or co-ordinating entity/ies |
Timeframe |
41. |
Establish a new independent Care Safe Agency (in Care Safety Act) |
Care System Office |
Complete within 18 months |
42. |
Care Safe Agency to report annually to a parliamentary select committee (in Care Safety Act) |
Care System Office |
Complete within 18 months |
43. |
Review the roles, functions and powers of government agencies involved in the care system |
Care System Office |
Start immediately and complete within 9 months |
44. |
Establish a Departmental Agency to perform Care Safe Agency functions in interim |
Public Service Commission |
Start immediately |
Tūtohi 45-46: Te hanga ture āhuru mōwai
RECOMMENDATIONS 45–46: Establishing a new Care Safety Act
# |
Recommendation description |
Lead or co-ordinating entity/ies |
Timeframe |
45. |
Enact Care Safety Act |
Care System Office |
Complete within 18 months |
46. |
Review all legislation and regulations relating to the care of children, young people and adults |
Care System Office |
Start immediately and complete within 9 months |
Tūtohi 47: Te waihanga raupapa āhuru mōwai whānui me ngā whiu mo te kore e hāngai
RECOMMENDATION 47: Consistent and comprehensive care safety standards and penalties for non-compliance
# |
Recommendation description |
Lead or co-ordinating entity/ies |
Timeframe |
47. |
Establish a duty of care, statutory ability to set, monitor and enforce care safety rules and standards, and provide for sanctions and penalties (in Care Safety Act) |
Care System Office |
Complete within 18 months |
Tūtohi 48-56: He whakamana i te hunga kaitiaki me ngā tikanga noho āhuru mōwai
RECOMMENDATIONS 48–56: Care providers to be accredited and prioritise safeguarding
# |
Recommendation description |
Lead or co-ordinating entity/ies |
Timeframe |
48. |
Create a system for the accreditation of entities providing care (in Care Safety Act) |
Care System Office |
Complete within 18 months |
49. |
Make changes to charities regulation and legislation (in Care Safety Act) |
Care System Office and Department of Internal Affairs |
Complete within 18 months |
50. |
Ensure there is effective oversight and leadership of safeguarding |
Leaders of all State and faith-based entities that are providing care (including indirect care providers) |
Start immediately Make any necessary changes within 12 months after Care Safety Act comes into force and after Care Safe Agency established |
51. |
Ensure that safeguarding is a genuine priority, key performance indicators are in place, and sufficient resources are available for all aspects of safeguarding |
Leaders of all State and faith-based entities that are providing care (including indirect care providers) |
Start immediately Make any necessary changes within 12 months after Care Safety Act comes into force and after Care Safe Agency established |
52. |
Collect adequate data on abuse and neglect in care and regularly report to the governing bodies or leaders |
All State and faith-based entities that are providing care (including indirect care providers) |
Start immediately Make any necessary changes within 12 months after Care Safety Act comes into force and after Care Safe Agency established |
53. |
Ensure staffing, remuneration and resourcing levels are sufficient to ensure implementation of safeguarding policies and procedures |
Senior leaders of all State and faith-based entities that are providing care (including indirect care providers) |
Start immediately Make any necessary changes within 12 months after Care Safety Act comes into force and after Care Safe Agency established |
54. |
Take active steps to create a positive safeguarding culture |
Senior leaders of all State and faith-based entities that are providing care (including indirect care providers) |
Start immediately Make any necessary changes within 12 months after Care Safety Act comes into force and after Care Safe Agency established |
55. |
Safeguarding policies and procedures are in place |
All State and faith-based entities that are providing care (including indirect care providers) |
Start immediately Make any necessary changes within 12 months after Care Safety Act comes into force and after Care Safe Agency established |
56. |
How safeguarding policies and procedures work |
All State and faith-based entities that are providing care (including indirect care providers) |
Start immediately Make any necessary changes within 12 months after Care Safety Act comes into force and after Care Safe Agency established |
Tūtohi 57-64: Ngā kaimahi me ngā kaitiaki, kia tōtika, kia āta wherawheratia, me rēhita, me tautoko kia tika te ako
RECOMMENDATIONS 57–64: Staff and care workers to be appropriate, vetted, registered, supported and well trained
# |
Recommendation description |
Lead or co-ordinating entity/ies |
Timeframe |
57. |
Create a system of professional registration for all staff and care workers not already covered by a professional standards regime (in Care Safety Act) |
Care System Office |
Complete within 18 months |
58. |
Provide for a comprehensive and consistent pre-employment screening and vetting regime (in Care Safety Act) |
Care System Office, Oranga Tamariki and NZ Police |
Complete within 18 months |
59. |
Ensure all prospective staff and volunteers have a satisfactory vetting report and up to date registration status |
All State and faith-based entities that are providing care (including indirect care providers) |
Start immediately Make any necessary changes within 12 months after Care Safety Act comes into force and after Care Safe Agency established |
60. |
Ensure all pre-employment screening checks meet requirements |
All State and faith-based entities that are providing care (including indirect care providers) |
Start immediately Make any necessary changes within 12 months after Care Safety Act comes into force and after Care Safe Agency established |
61. |
Develop a Care Workforce Strategy |
Care Safe Agency |
Complete within 12 months of the establishment of the Care Safe Agency |
62. |
Recruit for and support a diverse workforce |
All State and faith-based entities that are providing care (including indirect care providers) |
Start immediately Make any necessary changes within 12 months after Care Safe Agency established |
63. |
Code of conduct and appropriate training in place for staff |
All State and faith-based entities that are providing care (including indirect care providers) |
Start immediately Make any necessary changes within 12 months after Care Safe Agency established |
64. |
Ensure workforce rules and standards apply equally to all staff and care workers, including volunteers, people in religious ministry and lay people |
All State and faith-based entities that are providing care (including indirect care providers) |
Start immediately Make any necessary changes within 12 months after Care Safety Act comes into force and Care Safe Agency established |
Tūtohi 65-69: Kia tika te whakaea i ngā tautohenga
RECOMMENDATIONS 65–69: Complaints are responded to effectively
# |
Recommendation description |
Lead or co-ordinating entity/ies |
Timeframe |
65. |
Ensure appropriate complaints policies and procedures are in place |
All State and faith-based entities that are providing care (including indirect care providers) |
Start immediately Make any necessary changes within 12 months after Care Safety Act comes into force and Care Safe Agency established |
66. |
Person responsible is held to account for substantiated abuse and/or neglect |
All State and faith-based entities that are providing care (including indirect care providers) |
Start immediately Make any necessary changes within 12 months after Care Safety Act comes into force and Care Safe Agency established |
67. |
Report all complaints, disclosures or incidents to the Care Safe Agency |
All State and faith-based entities that are providing care (including indirect care providers) |
Start immediately after Care Safe Agency established |
68. |
Collate and keep a centralised database of complaints, disclosures or incidents of abuse and neglect |
Care Safe Agency |
Set up database within 18 months of the establishment of the Care Safe Agency |
69. |
Create a coherent mandatory reporting regime (in Care Safety Act) |
Care System Office |
Complete within 18 months |
Tūtohi 70-75: Ngā wāhi tiaki me ōna tikanga kia iti iho te mana, kia kore rawa atu rānei a tōna wā
RECOMMENDATIONS 70–75: Institutional environments and practices to be minimised and ultimately eliminated
# |
Recommendation description |
Lead or co-ordinating entity/ies |
Timeframe |
70. |
Prioritise and accelerate current work to close care and protection residences |
Oranga Tamariki |
Start immediately Complete within 2 years |
71. |
Support and invest in models of care that do not perpetuate institutional environments and practices, including physical redesign where needed |
Care System Office (lead) with Oranga Tamariki, Ministry of Health, Te Whatu Ora Health New Zealand, Whaikaha and Ministry of Education |
Start immediately Complete within 2 years |
72. |
Take steps to ban pain compliance techniques |
Care System Office (lead) with Oranga Tamariki, Ministry of Health, Te Whatu Ora Health New Zealand, Whaikaha and Ministry of Education, NZ Police |
Start immediately Complete within 2 years |
73. |
Ensure there are adequate frameworks in place to govern and minimise the use of restrictive practices |
Care System Office (lead) with Oranga Tamariki, Ministry of Health, Te Whatu Ora Health New Zealand, Whaikaha and Ministry of Education, NZ Police |
Start immediately Complete within 2 years |
74. |
Prioritise and accelerate work to minimise and eliminate solitary confinement as appropriate in all care settings as soon as practicable |
Care System Office (lead) with Oranga Tamariki, Ministry of Health, Te Whatu Ora Health New Zealand, Whaikaha and Ministry of Education |
Start immediately Complete within 2 years |
75. |
Review physical building and design features and address risks |
All State and faith-based entities that are providing care (including indirect care providers) |
Complete within 12 months |
Tūtohi 76-80: He whakamana, me tautoko te hunga kei ngā pūnaha taurima
RECOMMENDATIONS 76–80: People in care are empowered and supported
# |
Recommendation description |
Lead or co-ordinating entity/ies |
Timeframe |
76. |
Set up a system of independent advocates for all people in care |
Care System Office and Care Safe Agency |
Secure investment within 18 months Advocates trained and starting to come on board within 2 months of establishment of Care Safe Agency |
77. |
Develop a career pathway for people with previous lived experience of care towards becoming an independent advocate |
Care Safe Agency |
Complete within 12 months of the establishment of the Care Safe Agency |
78. |
Seek the best possible understanding of the background, culture, needs and vulnerabilities of people in care |
All State and faith-based entities that are providing care (including indirect care providers) |
Start immediately |
79. |
Review existing policy, standards and practice to ensure care placements are suitable and support connection to whānau and community |
Care System Office (lead) with Oranga Tamariki, Ministry of Health, Te Whatu Ora Health New Zealand, Whaikaha, Ministry of Justice, District Court (Family Court and Youth Court) |
Start immediately, complete within 12 months |
80. |
Review existing policies and practice to ensure they support connections and attachment to family and whānau |
All State and faith-based entities that are providing care (including indirect care providers) |
Within 18 months of the establishment of the Care Safe Agency |
Tūtohi 81-84: Kia tōtika ngā kohinga me ngā tukunga raraunga, me ngā tuhinga kōrero
RECOMMENDATIONS 81–84: Best practice data collection, record keeping and information sharing
# |
Recommendation description |
Lead or co-ordinating entity/ies |
Timeframe |
81. |
Comply with best practice guidelines for record keeping and data sovereignty, including record keeping principles |
All State and faith-based entities that are providing care (including indirect care providers) |
Start immediately |
82. |
Document an account of person in care’s life |
All State and faith-based entities that are providing care (including indirect care providers) |
Start immediately |
83. |
Require records relating to alleged abuse and neglect in care to be kept for least 75 years in a separate central register |
Department of Internal Affairs |
Complete within 6 months |
84. |
Consider whether existing information sharing provisions are sufficient |
Care System Office and Privacy Commissioner |
Complete within 12 months |
Tūtohi 85-87: He taurite me te whai rawa i ngā mahi aroturuki motuhake
RECOMMENDATIONS 85–87: Independent oversight and monitoring is coherent and well-resourced
# |
Recommendation description |
Lead or co-ordinating entity/ies |
Timeframe |
|
85. |
Review independent monitoring and oversight entities for duplication and to encourage collaboration |
Care System Office (lead) with Ministry of Justice, Ministry of Social Development, Ministry of Health |
Complete within 2 years |
|
86. |
Ensure that there are no unreasonable barriers to responsible oversight bodies being able to investigate complaints and proactively monitor the care system |
Care System Office (lead) with Ministry of Justice, Ministry of Social Development and Ministry of Health
|
Complete within 2 years |
|
87. |
Oversight bodies investigate complaints, proactively monitor care providers, publish reports and share information with the Care Safe Agency |
Responsible oversight bodies |
Start immediately Make any necessary changes within 12 months after Recommendations 86 and 87 implemented |
Tūtohi 88: Ngā whakatau mō Gloriavale
RECOMMENDATION 88: Recommendation about Gloriavale
# |
Recommendation description |
Lead or co-ordinating entity/ies |
Timeframe |
88. |
Ensure the ongoing safety of children, young people and adults in care at Gloriavale |
Care System Office |
Start immediately |
Kia āhuru ngā mahi atawhai ā-whakapono
Making faith-based care safe
Tūtohi 89-109: Ngā whakatau e hānga ana ki te katoa o ngā tira whakapono o Aotearo
RECOMMENDATIONS 89-109: Recommendations to all faith-based entities in Aotearoa New Zealand
# |
Summary of recommendation |
Lead or co-ordinating entity/ies |
Timeframe |
89. |
Comply with Care Safety Principles, National Care Safety Strategy and Care Safety Act statutory requirements and report compliance |
All faith-based entities providing care |
Comply with Care Safety Principles immediately Comply with National Care Safety Strategy within 3 months of it being published Comply with statutory requirements under Care Safety Act immediately after it comes into force First compliance report within 6 months (and annually after that) |
90. |
Adopt Care Safety Principles, National Care Safety Strategy and Care Safety Act statutory requirements |
All faith-based entities providing care |
Adopt the Care Safety Principles immediately Adopt National Care Safety Strategy within 3 months of it being published Adopt statutory requirements under Care Safety Act immediately after it comes into force |
91. |
Drive consistent approach to implementing Care Safety Principles, National Care Safety Strategy and Care Safety Act statutory requirements |
All faith-based entities providing care |
Drive a consistent approach in relation to the Care Safety Principles immediately Drive a consistent approach in relation to National Care Safety Strategy immediately after it is published Drive a consistent approach in relation to statutory requirements under Care Safety Act immediately after it comes into force |
92. |
Work with Care Safe Agency and independent oversight bodies |
All faith-based entities providing care |
Start working closely with independent oversight bodies immediately Start working closely with the Care Safe Agency immediately after it is established |
93. |
Leadership training for religious leaders |
All faith-based entities providing care |
Start training within 12 months |
94. |
Lines of accountability for decisions about preventing and responding to abuse and neglect |
All faith-based entities providing care |
Complete within 6 months |
95. |
Performance management and oversight for people in religious or pastoral ministry |
All faith-based entities providing care |
Performance management and oversight in place within 6 months |
96. |
Independent professional supervision for people in religious or pastoral ministry |
All faith-based entities providing care |
Supervision operational within 12 months |
97. |
Conflict of interest policy about allegations of abuse and neglect |
All faith-based entities providing care |
Policy and procedure in place within 6 months |
98. |
Training candidates for religious ministry |
All faith-based entities providing care |
Start immediately |
99. |
Regular safeguarding training for people in religious or pastoral ministry |
All faith-based entities providing care |
Start immediately |
100. |
Prevention education for people in faith-based care |
All faith-based entities providing care |
Start immediately |
101. |
Reduce high barriers to disclosure of abuse and neglect |
All faith-based entities providing care |
Policy and procedure in place within 3 months |
102. |
Publish all policies on preventing and responding to abuse and neglect |
All faith-based entities providing care |
Publication within 3 months |
103. |
Initial risk assessment when complaint received |
All faith-based entities providing care |
Policy and procedure in place within 3 months |
104. |
Stand down procedures for people in religious ministry subject to complaints |
All faith-based entities providing care |
Policy and procedure in place within 3 months |
105. |
Assess complaints according to case law standards |
All faith-based entities providing care |
Policy and procedure in place within 3 months |
106. |
Same investigative standards regardless of whether person is in religious ministry |
All faith-based entities providing care |
Policy and procedure in place within 3 months |
107. |
Permanently remove a person in religious ministry if complaint is substantiated |
All faith-based entities providing care |
Policy and procedure in place within 3 months |
108. |
Remove status of a person in religious ministry convicted of abuse and neglect offence |
All faith-based entities providing care |
Policy and procedure in place within 3 months |
109. |
Risk assessment where congregant has substantiated complaint or conviction |
All faith-based entities providing care |
Policy and procedure in place within 3 months |
110. |
National register of people in religious or pastoral ministry with complaints and convictions |
All faith-based entities providing care and Care System Office |
Register operational within 12 months |
Te whakamana me te whakapakari hāpori
Entrusting and empowering communities
Tūtohi 116-121: He whakaāhei i ngā whānau ki te āta aukati i ngā mahi kaitiaki i waho i te whānau
RECOMMENDATIONS 116-121: Communities are empowered to minimise the need for out of whānau care
# |
Recommendation description |
Lead or co-ordinating entity/ies |
Timeframe |
111. |
Nationwide social and educational campaign to address discriminatory beliefs |
Care System Office (investment) and Care Safe Agency (campaign) |
Secure investment within 2 years Complete campaigns within 5 years |
112. |
Nationwide social and educational campaigns to challenge myths and stereotypes |
Care System Office (investment) and Care Safe Agency (campaign) |
Secure investment within 2 years Complete campaigns within 5 years |
113. |
Disseminate and publicise the findings and recommendations of this Inquiry |
Care System Office and faith-based entities that provided, or provide, care |
Complete within 6 months |
114. |
Accelerate existing work, and review existing laws and other arrangements, to enable participation, and bring communities into, in decision-making |
Care System Office (lead), Ministry of Health, Te Whatu Ora Health New Zealand, Oranga Tamariki, Ministry of Justice, District Court (Family Court and Youth Court) |
Complete with 2 years |
115. |
Prioritise and invest in contemporary approaches to delivery of care and support |
Social Investment Agency |
Start immediately |
116. |
Establish an independent commissioning entity |
Care System Office and Social Investment Agency |
Complete within 18 months |
Tūtohi 122-125: Te whakamana i te Tiriti o Waitangi me ngā mōtika tāngata
RECOMMENDATIONS 122-125: Giving effect to te Tiriti of Waitangi and human rights
# |
Recommendation description |
Lead or co-ordinating entity/ies |
Timeframe |
117. |
Partner with Māori to give effect to te Tiriti o Waitangi and the United Nations Declaration on the Rights of Indigenous Peoples in relation to care functions |
All State entities providing care (including indirect care providers) |
Start immediately |
118. |
All entities providing care uphold the human rights of people in care |
All State and faith-based entities providing care (including indirect care providers) |
Start immediately |
119. |
Review Aotearoa New Zealand’s human rights framework |
Ministry of Justice (lead) with Whaikaha (regarding the rights of disabled people) |
Complete within 2 years |
120. |
Establish human rights performance indicators for all entities providing care |
Care System Office |
Complete within 12 months |
Tūtohi 126-127: He aronga tūturu ki ngā kaupapa ārai mahi tūkino
RECOMMENDATIONS 126-127: Targeted abuse and neglect prevention programmes
# |
Recommendation description |
Lead or co-ordinating entity/ies |
Timeframe |
121. |
Targeted abuse and neglect prevention programmes for communities |
Care System Office (investment) and Care Safe Agency (programme delivery) |
Secure investment within 18 months Start programmes within 12 months after establishment of Care Safe Agency |
122. |
Targeted programmes for those who may be at risk of perpetrating abuse and neglect |
Care System Office (investment) and Care Safe Agency (programme delivery) |
Secure investment within 18 months Start programmes within 12 months after establishment of Care Safe Agency |
Mai i kōnei ki tua i ngā tūtohi a te Pakirehua
Implementing the Inquiry’s recommendations
Tūtohi 128-129: Te whakatū Tari Pūnaha Āhuru Mōwai motuhake hei arataki i te kaupapa
RECOMMENDATIONS 128-129: Establishing the Care System Office to lead implementation
# |
Recommendation description |
Lead or co-ordinating entity/ies |
Timeframe |
123. |
Establish the Care System Office |
Public Service Commission |
Complete within 2 months |
124. |
Set functions of Care System Office |
Public Service Commission |
Complete within 2 months |
Tūtohi 130: Me mahi ngā mea katoa e rite e whai take ai ēnei whakatau
RECOMMENDATION 130: Taking any and all actions needed to give effect to these recommendations
# |
Recommendation description |
Lead or co-ordinating entity/ies |
Timeframe |
125. |
Take all actions required to give effect to all recommendations |
Care System Office and faith-based entities that provided, or provide, care |
Start immediately |
Tūtohi 131-132: Te waihanga me te whakatinana i ēnei tūtohinga katoa, e hāngai ai ki te Tiriti o Waitangi me te Whakaputanga ā te Whakaminenga o te Ao mo ngā iwi taketake, kia whai wāhi atu hoki te ringa waihanga o ngā hāpori
RECOMMENDATIONS 131-132: Design and implementation of all recommendations to give effect to te Tiriti o Waitangi and UNDRIP and be co-designed with communities
# |
Recommendation description |
Lead or co-ordinating entity/ies |
Timeframe |
126. |
Partner with iwi to give effect to te Tiriti o Waitangi and the United Nations Declaration on the Rights of Indigenous Peoples |
All entities responsible for implementing Recommendations |
Start immediately |
127. |
Implementation of Recommendations co-designed and evaluated with communities. |
All entities responsible for implementing Recommendations |
Start immediately |
Tūtohi 133: Whakatū kaupapa hautū aronga ako me te whakamātau i te iwi whānui kia mōhio me te ārai i ngā mahi tūkino, whakahāwea, whakaiti tangagta
RECOMMENDATION 133: Public awareness, training and education programmes to identify and prevent abuse and neglect, and address prejudice and discrimination
# |
Recommendation description |
Lead or co-ordinating entity/ies |
Timeframe |
128. |
Public awareness, training and education programmes cover preventing abuse and neglect |
All entities responsible for implementing public awareness, training or education programme Recommendations |
Start immediately |
Tūtohi 134: Ko ngā kaimahi o tēnei tari me whai pukenga whānui, wheako purapura ora, e hua ai ngā pānga ki te Tiriti o Waitangi
RECOMMENDATION 134: New entity appointments to reflect diversity, survivor experience and expertise and give effect to te Tiriti o Waitangi
# |
Recommendation description |
Lead or co-ordinating entity/ies |
Timeframe |
129. |
Appointments to governance and advisory roles reflect care population and give effect to te Tiriti o Waitangi |
Care System Office |
Start immediately |
Tūtohia135-143: Kia mārama, kia pono ki ngā whāinga tūmatanui e hua ai ngā tūtohitanga o tēnei Pakirehua
RECOMMENDATIONS 135–143: Transparency and public accountability for implementing Inquiry recommendations
# |
Recommendation description |
Lead or co-ordinating entity/ies |
Timeframe |
130. |
Publish responses to the Inquiry’s recommendations |
All entities responsible for implementing Recommendations |
Within 2 months |
131. |
Issue public responses to this report including implementation plans. |
All entities responsible for implementing Recommendations |
Within 4 months |
132. |
Seek cross-party agreement to implement the recommendations. |
Parliamentary political parties |
Start immediately |
133. |
Report annually on implementation of the recommendations. |
All entities responsible for implementing Recommendations |
First report within 12 months, and then annually |
134. |
Annual implementation reports to be considered by a parliamentary select committee |
All entities responsible for implementing Recommendations (draft reports), Care System Office (collate reports), Responsible Minister (table reports) and House of Representatives (refer to select committee) |
First report within 12 months, and then annually |
135. |
Ensure transparent communication with communities |
All entities responsible for implementing Recommendations |
Start immediately |
136. |
Initiate an independent review for completion 9 years after the tabling of the final report |
Care System Office |
Start review within 7 years, complete review within 9 years |
137. |
Implementation reports and the 9-year review tabled in the House of Representatives and referred to a parliamentary select committee |
All entities responsible for implementing Recommendations (draft reports), Care System Office (collate reports), Responsible Minister (table reports) and House of Representatives (refer to select committee) |
Within 3 months of completion of 9-year review |
138. |
Publish formal responses to the 9-year review |
All entities responsible for implementing Recommendations |
Publication by 31 December 2033 |