An Open Letter to the New Zealand Prime Minister from the Human Rights Commission

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Never Again
E Kore Ano
Historic Abuse in State Care

An Open Letter to the New Zealand Prime Minister

We, the undersigned, call on the New Zealand Government to:

  •   initiate an independent inquiry into the abuse of people held in State care in order to identify the systemic issues that permitted this to occur and the broader impact of these events on our communities;
  •   publicly apologise to those who were a ected, including those who were abused, their families and whanau.
  •   take other appropriate steps to acknowledge the harm that has been caused to the victims and to provide them with appropriate redress and rehabilitation; and
  •   take action to ensure this never happens again.

We know from their stories that many New Zealanders who were placed in government institutions su ered sexual, physical and psychological abuse in icted by sta , social workers, caregivers, teachers, clergy, cooks, gardeners, night watchmen and even other children and patients. We suspect that institutional abuse has had a disproportionately negative impact on Māori and disabled people, including those with intellectual/learning disabilities. We are yet to establish this with certainty because of the di culty obtaining relevant data and information.

It is important to determine the full extent and nature of the abuse that occurred. We must understand what took place and learn how and why vulnerable children, teenagers and adults could be abused within the system that was supposed to care for them. Until we know the full story and until we have the answers to these questions, we are not in a position to learn from what happened and to prevent it from happening again.

Although steps have been taken to provide resolution for some individuals through existing claims processes, these processes do not address the underlying systemic questions and do not help us ensure that events like this are prevented from occurring again in future. The intention is not to relitigate the past or to usurp existing settlements – it is to nd the truth and make changes for the bene t of the next generation.

Some New Zealanders who have survived abuse while in State care have told us they want an apology, accountability and, most of all, they want decision makers to learn from the past and to ensure that future generations do not su er as they did.

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What needs to happen

We want the Government to ensure that:

  •   the voices of those abused while in State care are heard, and the ongoing impact the events have had on their lives is understood and acknowledged
  •   there is o cial acknowledgement of the abuse that occurred
  •   a general public apology is provided to all those a ected, including anapology for any systemic failings of past governments
  •   the experiences of those who have been a ected are recognised andvalidated
  •   the full impact on disabled people, including those with intellectualdisabilities, is identi ed and recognised
  •   the impact on Māori, of both prevalence of placement in State care andincidence of abuse is adequately assessed and considered
  •   e ective and adequate support is provided for those who have beena ected
  •   lessons are learned from the past and action is taken, to prevent future abuse so that this never happens again.There are many ways to ensure that the above outcomes are realised. One of these is through an independent inquiry which should consider the following matters:
  1. a)  The treatment of children, young people and vulnerable adults in State care in psychiatric and psychopaedic hospitals and wards, health camps, child welfare care, youth justice facilities and special education homes
  2. b)  The extent of physical, sexual, psychological abuse and of neglect experienced while in State care
  3. c)  The impact on individuals and groups of the processes that placed people in State care, including those in foster care and other environments outside State run facilities
  4. d)  The adequacy of laws, policies and practices of the day in protecting those placed in State care from abuse and any systemic issues arising from this consideration
  5. e)  Whether, at a systemic level, complaints of abuse have been su ciently and appropriately dealt with by other o cial responses, investigations or criminal or civil proceedings.

Action sought

We, the undersigned, call on the Government to initiate a robust and independent inquiry into the above matters and to take other appropriate steps to ensure that the victims of abuse receive a comprehensive public apology and appropriate redress for what took place.

We seek urgent engagement with the Government to discuss the process and methodology in more detail. It is important for all New Zealanders to understand the full extent of what took place and to work together to prevent future abuse of people while in the care of the State. Action is required now.

Signed

Paul Gibson
Karen Johansen Dame Susan Devoy Dr Jackie Blue David Rutherford Richard Tankersley Keith Wi n

Anne Helm Gary Williams

Naida Glavish Rahui Papa

David King

Pati Umaga Prue Kapua

Vivien Maidaborn Kim Workman

Areta Kopu Judi Clements

Dr Elizabeth Stanley

Judith Aitken

Professor Mark Henaghan

Dr Brigit Mir n- Veitch

Professor Judy McGregor

Disability Rights Commissioner Indigenous Rights Commissioner Race Relations Commissioner EEO Commissioner

Chief Human Rights Commissioner Human Rights Commissioner

Former resident Epuni Boys Home and other homes

Consumer Panel Member, Con dential Forum Former resident of Pukeroa
Laura Ferguson Trust Wellington
(Ngati Porou)

Iwi Leaders Forum

Co-chair, Whanau Ora Partnership Group

Iwi Leaders Forum

Co-chair, Whanau Ora Partnership Group

National Chairperson, People First New Zealand Inc – Ngā Tāngata Tuatahi

President, Disabled Persons Assembly

National President, Maori Women’s Welfare League

Executive Director, UNICEF

Social Justice Advocate, Kim Workman and Associates

Panelist on the Con dential Listening and Assistance Service Former Human Rights Commissioner

Independent consultant, health and social care; Former Chief Executive, Mental Health Foundation of NZ

Associate Professor of Criminology, Victoria University of Wellington

Public Sector Consultants Ltd Dean of Law, Otago University

Director, Donald Beasley Institute
EEO Commissioner (2003 – 2012) CNZM

Rosslyn Noonan

Robyn Hunt Joris de Bres Mary O’Hagen Materoa Dodds

Ruth Jones

Chief Human Rights Commissioner (2001-2011)

Director, NZ Centre for Human Rights Law, Policy and Practice

Disability Rights Commissioner (2002-2010)

Race Relations Commissioner (2002-2013)

Mental Health Commissioner (2000-2007)

Distinguished Fellow in the Humanities, Te Whare Wananga o Awanuiarangi

Ngati Porou

 

4 COMMENTS

  1. My infant nephew was nearly taken into CYF care and it was only because we are an educated activist family, able to understand the rules of the system and stand up to its agents, that we were able to keep him with his parents. The idea that he could been taken from his whanau “for his protection”, then abused in state care, is truly horrifying. I thoroughly support the kaupapa of this open letter.

    • My first school holidays ever a cousin tryed ti kiss me, then immediately responded who showed you how to do that, that was my first experience of state care.

      When the car pulled away she spun back and locked eyes with me. Mum I ordered “going to the park to play, catcha,” jumped straight on the bus and did the 2 hour jouney to my cousins, walked in and draged her out and shes been living with us ever since.

      No one dared mess with me that day. That day i felt like a real man.

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