Recommendations for government, councils and institutions

All entities that provide care, or have provided care, directly or indirectly on behalf of the State and faith‑based entities, local authorities and any other relevant entities should:

1. review the appropriateness of any streets, public amenities, public honours or any memorials named after, depicting, recognising or celebrating a proven perpetrator of abuse and neglect in care and / or an institution where proven abuse and neglect took place.
2. consider what steps may be taken to change the names and what else should be done address the harm caused to survivors by the memorialisation of proven perpetrators and institutions where abuse and neglect took place.

Where there are reasonable grounds to believe that torture or cruel, inhuman or degrading treatment or punishment have occurred in care directly or indirectly on behalf of the State or faith‑based entities, and the relevant allegations have not been investigated by NZ Police or credible new information has arisen since the allegations were investigated, NZ Police should:

1. open or re‑open independent and transparent criminal investigations into possible criminal offending 
2. proactively and widely advertise the intent to investigate and ongoing investigations
3. provide appropriate assistance and support to survivors, their whānau and support networks who contact them in relation to the investigations.

Where there are reasonable grounds to believe that torture, or cruel, inhuman, or degrading treatment or punishment have occurred in care, the State, faith‑based institutions and indirect care providers should:

1. provide reasonable assistance to any NZ Police investigation
2. take all reasonable steps to ensure an impartial and independent investigation is carried out by an appropriate investigator
3. if there is credible evidence of breaches of the law (including breaches of human rights), ensure that appropriate redress is provided to the survivors, consistent with applicable domestic and / or international obligations
4. use best endeavours to have the liability of every relevant institution in relation to such acts determined. This may include:
   1. seeking opinions from King’s Counsel, which are then shared with relevant survivors, on the nature of the conduct and the liability of relevant institutions, including as applicable under the New Zealand Bill of Rights Act 1990. Consideration may also be given to seeking declaratory judgments from the courts. Survivors should be fully supported to take part in these initiatives, including with funding for legal and other expenses
   2. not pleading limitation defences in cases brought by survivors, for as long as limitation defences remain available.

The government should ensure that the puretumu torowhānui system and scheme is designed and operated in a manner that gives effect to te Tiriti o Waitangi and its principles.

The government should:

1. appoint an independent person to promptly review all Lake Alice settlements and advise whether any further payments to claimants who have previously settled are necessary to ensure parity in light of the District Court decision in 2002 regarding the deduction of money from second round claimants for legal costs
2. ensure that any payments to claimants who have not yet settled are, as a minimum, equitable in light of the review.

The government should appoint and fund an independent advisory group to investigate potential unmarked graves and urupā at the sites of former psychiatric and psychopaedic hospitals, social welfare institutions or other relevant sites.

The government and faith‑based institutions should jointly establish a fund to provide contestable funding for projects that promote effective community healing from the collective impacts of abuse and neglect in care, like those established in Canada and Australia. The entity holding and distributing the funding should be independent from State and faith‑based entities.

The Solicitor General should amend the suite of prosecution guidelines to:

The Solicitor-General should issue specific guidelines to prosecutors on how to approach cases involving complainants, witnesses and defendants who are Deaf, disabled and / or experience mental distress to ensure access to justice, and in doing so should involve those with lived experience throughout the development process to ensure concerns and aspirations are consistently understood and considered.

The government should invest in training for prosecutors on these guidelines.

The government should support and invest in judicial‑led initiatives, such as Te Ao Mārama – Enhancing Justice for All, that recognise and address the harm caused by abuse and / or neglect in care.

he government should amend the Crimes Act 1961 to specifically include disability within the definition of a vulnerable adult.

The government should amend the Sentencing Act 2002 to:

1.  include, as an aggravating feature in section 9(1), the fact that a victim was particularly vulnerable arising from being in State or faith‑based care or deprived of liberty.
2. expand the requirement for the court to consider the aggravating factors in section 9A(2) in cases of abuse and / or neglect to include children and young persons under the age of 18 years.
3. include a requirement that when considering an offender’s previous convictions under section 9(1)(j) the court should ensure those with convictions for offences committed in response to abuse and / or neglect in care are not unduly penalised.

The government should amend section 284 of the Oranga Tamariki Act 1989 to ensure that offending by young people abused and / or neglected in care in response to that abuse and / or neglect, is not given undue weight as an aggravating factor at sentencing for later unrelated offending. 

The government should review the Criminal Records (Clean Slate) Act 2004 to ensure that offending committed by people abused and / or neglected in care in response to that abuse or neglect, does not unfairly exclude them from eligibility under the Act.

The government should amend section 11 of the Victims Rights Act 2002 to ensure that victims of abuse and neglect in State or faith‑based care must be advised of the ability to seek redress in the civil courts and through the puretumu torowhānui system and scheme, and their right to apply for legal aid for civil proceedings.

The Ministry of Justice should establish a list of specialist lawyers available to provide legal advice to victims about seeking puretumu torowhānui (holistic redress).

The government should amend section 80(3) of the Evidence Act 2006 to ensure witnesses in criminal proceedings have an entitlement to apply for communication assistance to enable them to both understand the proceedings and to give evidence.

The Ministry of Justice, Te Kura Kaiwhakawā Institute of Judicial Studies, NZ Police, the Crown Law Office, the New Zealand Law Society and other relevant legal professional bodies should ensure that investigators, prosecutors, lawyers, and judges receive education and training from relevant subject matter experts on:

1. the Inquiry’s findings, including on the nature and extent of abuse and neglect in care, the pathway from care to custody, and the particular impacts on survivors of abuse and neglect experienced in care.
2. trauma‑informed investigative and prosecution processes. 
3. all forms of discrimination.
4. engaging with neurodivergent people.
5. human rights concepts including the obligations under the Convention on the Rights of Persons with Disabilities, the Convention on the Rights of the Child, Convention on the Elimination of All Forms of Discrimination against Women, Convention on the Elimination of all forms of Racial Discrimination, and the United Nations Declaration on the Rights of Indigenous Peoples.

NZ Police should review the Police Manual and other relevant material to ensure instructions and guidelines reflect and refer to Aotearoa New Zealand’s international human rights obligations and other relevant international law obligations (including the Convention on the Rights of Persons with Disabilities, the Convention on the Rights of the Child, Convention on the Elimination of All Forms of Discrimination against Women, Convention on the Elimination of all forms of Racial Discrimination, and the United Nations Declaration on the Rights of Indigenous Peoples).

NZ Police should establish a specialist unit dedicated to investigating and prosecuting those responsible for historical or current abuse and neglect in State and faith‑based care.

The courts should prioritise civil proceedings regarding care or abuseand neglect in State or faith‑based care to minimise litigation delays.

The government should review the Legal Services Act 2011 to remove barriers to civil proceedings regarding abuse and neglect in care including means-testing criteria, charges over property, and repayments.

The government should amend the following provisions of the

Evidence Act 2006: 

1. section 80(3), to ensure that witnesses in civil proceedings have an entitlement to apply for communication assistance to enable them to understand the proceedings and give evidence.understand the proceedings and to give evidence.
2. section 103(4)(b)(ii), to require a court when making directions on alternative ways of giving evidence in civil proceedings relating abuse and neglect in care to consider the need to promote the recovery of parties and witnesses from the abuse and neglect.
3. subpart 5, to include provision for directions for alternative ways of giving evidence for parties and witnesses in civil proceedings where appropriate.

The government should invest in a nationwide social and educational campaign to address attitudes and beliefs that contribute to harmful and discriminatory experiences in care and promote positive understanding and awareness of the diversity of experiences in Aotearoa New Zealand. This campaign should focus on addressing:

1. negative attitudes towards children and young people.
2. attitudes reflective of discrimination based on race, gender and sexuality.
3. attitudes reflective of eugenics, ableism and disablism.

The government should invest further in nationwide social and educational campaigns to: 

1. challenge myths and stereotypes about abusers, bystanders and survivors of abuse and neglect in care.
2. help victims and survivors of abuse and / or neglect, and their whānau and support networks, to minimise shame and self‑stigma, and recognise the abuse and / or neglect was not their fault and to safely disclose and report as soon as possible.
3. help people understand what constitutes abuse and neglect.
4. help people recognise the signs of abuse and neglect.
5. help people recognise grooming and other inappropriate behaviour.
6. help people understand how to respond appropriately to abuse and neglect, including complaints, reports and disclosures.

The government and faith‑based entities should disseminate and publicise the findings and recommendations of this Inquiry in the widest and most transparent manner possible.

The government should: 

1. accelerate and prioritise current policy and legislative work to enable children, young people and adults in care and their whānau to more effectively participate in decisions that affect them, and to bring the strength of communities into decision‑making.
2. review legislation, policy, investments, operational practice and guidelines related to the care of children, young people, and adults in care to identify opportunities to enable children, young people and adults in care and their whānau to more effectively participate in decisions that affect them, and to bring the strength of communities into decision‑making.

The government should prioritise and invest in work to support contemporary approaches to the delivery of care and support, including devolution, social investment, whānau-centered and community-led approaches, such as Enabling Good Lives and Whānau Ora, and avoid the State-led models that contributed to historical abuse and neglect in care.

The government should partner with hapū, iwi and Māori to give effect to te Tiriti o Waitangi and the United Nations Declaration on the Rights of Indigenous Peoples in relation to the development of strategy, policy, design, implementation and direct or indirect delivery of care functions, including where it has passed on its authority or care functions to any faith-based institution, or to any other individual, entity, or service provider (whether by delegation, contract, licence, or in any other way).

The government should support and adequately invest in: programmes for children, young people and adults who are in care or are at risk of being placed in care that are delivered through community organisations, and preschool, primary, and secondary schools including kura kaupapa, private, charter and State integrated schools, that aim to increase knowledge about abuse and neglect and build their skills and tools to help them to protect themselves (both in person and online safety), including a focus on: 

1. recognising grooming and other inappropriate behaviour.
2. behaviour understanding what constitutes abuse and neglect
3. recognising the signs of abuse and neglect.
4. understanding their rights and how they should be treated.
5. understanding respectful and appropriate behaviour and relationships.
6. what to do and where to get help if you have concerns.

The government should support and adequately invest in: 

1. programmes for children, young people and adults who are in care or are at risk of being placed in care that are delivered through community organisations, and preschool, primary, and secondary schools including kura kaupapa, private, charter and State integrated schools, that aim to increase knowledge about abuse and neglect and build their skills and tools to help them to protect themselves (both in person and online safety), including a focus on: programmes to help support parents, whānau and caregivers delivered through day care, preschool, school, sport and recreational settings, and other institutional and community settings to increase knowledge of abuse and neglect and its impacts and build skills to help reduce the risks of abuse and neglect.

The government should support and adequately invest in: 

1. abuse and neglect prevention programmes, including for those who may be at risk of perpetrating abuse and neglect.
2. access to specialist support, including rehabilitation programmes, for children, young people and adults who exhibit harmful or abusive behaviours or are at risk of abusing others, including concerning or harmful sexual behaviours

In implementing all recommendations relating to public awareness and training and education programmes, the government and faith-based entities should ensure that these programmes include: a. preventing, identifying and responding to abuse and neglect, including: 

1. challenging myths and stereotypes about abusers, bystanders and survivors of abuse and neglect in care
2. helping victims and survivors of abuse and / or neglect, and their whānau and support networks, to minimise shame and self‑stigma, and recognise the abuse and / or neglect was not their fault and to safely disclose and report as soon as possible.
3. understanding what constitutes abuse and neglect.
4. recognising the signs of abuse and neglect.

In implementing all recommendations relating to public awareness and training and education programmes, the government and faith-based entities should ensure that these programmes include: 

addressing prejudice and all forms of discrimination, including:

1. racism
2. ableism and disablism
3. sexism
4. homophobia and transphobia 
5. negative attitudes towards children and young people

The government should ensure, in implementing the recommendations in the Inquiry’s final report and the Holistic Redress Recommendations in He Purapura Ora, he Mara Tipu: From Redress to Puretumu Torowhānui, that appointments to governance and advisory roles: 

1. appropriately reflect survivor experience and expertise. 
2. appropriately and proportionately reflect the diversity of people in care.
3. give effect to te Tiriti o Waitangi.