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The public inquiry into abuse in care was a long time coming. RNZ charts its timeline, and asks what happens next.
Photo: RNZ
Prime Minister Christopher Luxon on Tuesday formally apologised to those who experienced abuse in state and faith-based care.
"You have been heard, and you are believed," he said in Parliament's debating chamber.
Luxon's apology, along with that of other key public sector leaders, followed the final report from the Abuse in Care Royal Commission of Inquiry, made public in July.
Established in 2018 to investigate abuse and neglect of children, young people, and adults in state and faith-based care from 1950 to 1999, the inquiry also heard from people who were abused since then. At least 250,000 were estimated to have been affected.
Most survivors who reported abuse and neglect throughout the inquiry period were not believed, the report acknowledged. Few institutions had clear processes to deal with complaints.
Through the 1970s and 1980s, there was growing public awareness about the issue of child sexual abuse, and about deficiencies of care across psychiatric hospitals.
But it wasn't until the 2000s the state established a dispute resolution process and offered settlements for some survivors from Lake Alice Psychiatric Hospital, where it's known young people were tortured.
From that point, thousands of survivors made claims either in court or directly against institutions. The state spent millions defending itself against these claims.
Fast-forward to 2017, and pressure on the government was mounting.
About 200 people with experience of abuse in care gathered at Parliament while Race Relations Commissioner Dame Susan Devoy delivered a petition, and an open letter, with a total of 15,000 signatures, demanding an inquiry and a public apology. Nine survivors also spoke. The documents were received by then-Green Party co-leader Metiria Turei and Māori Party co-leader Marama Fox, respectively.
There had already been calls for an inquiry by many people and organisations: survivors, community leaders, political parties (all except National), the Human Rights Commission, Iwi Leaders Forum, Māori Women's Welfare League, as well as the United Nations Committee on the Elimination of Racial Discrimination.
Several other jurisdictions, such as the United Kingdom, Canada, and Australia, had recently launched or completed inquiries into similar matters.
Following a change in government, Prime Minister Jacinda Ardern and Internal Affairs Minister Tracey Martin announced a Royal Commission of Inquiry.
The government asked Sir Anand Satyanand as chairperson to gather feedback on the inquiry's draft terms of reference.
The inquiry's final terms of reference were released. (They were subsequently amended in 2021 and 2023.)
In November, Ardern said Cabinet had agreed to expand the inquiry's remit to investigate abuse in church-run as well as state institutions.
The Royal Commission's Survivor Advisory Group of Experts (SAGE) was set up to represent survivors and provide advice.
The first private sessions were held in May.
Several controversies were aired in media reports, involving the appointment of a gang member to a key role, survivors being used for trial or pilot interviews, claims Sir Anand fell asleep while a survivor told their story, and accusations commissioners shut down questions on potential conflicts of interest.
In August, Sir Anand resigned from his role as chairman of the inquiry. He was replaced by Coral Shaw, a former district court judge.
Shaw met with Māori King Tūheitia Paki at Tūrangawaewae.
In subsequent months, a series of fono for Pacific peoples took place around the country.
In September, the commission marked 500 private sessions and released its annual report to June 2020.
In December, an interim report summarised the inquiry's work to date. The report said the estimate that 250,000 young people were abused may be conservative. Most of those abused came from the most disadvantaged or marginalised segments of the community, particularly from whānau Māori and Pacific families, disabled people, and women and girls.
There were continued public hearings for faith-based redress, and state-run children's homes.
A five-month extension was given, with the final report expected back June 2023.
Survivors of the child and adolescent unit at Lake Alice Psychiatric Hospital, where patients in the 1970s experienced torture and neglect, particularly at the hands of its consultant psychiatrist, Dr Selwyn Leeks, gave evidence in a public hearing.
An interim report on redress made 95 recommendations calling for urgent action to restore mana to survivors and lay out a clear path to help put right the deep harm done to them.
The report found survivors' requests for redress were often rejected or their abuse downplayed, disbelieved, or dismissed.
The Labour government intended to create a new, independent redress system.
(A proposal currently sits with the coalition government. Luxon has promised a new system from 2025.)
Public hearings continued, focused on the lived experiences of survivors in foster care and those with disabilities placed in psychiatric institutions.
A research report was released on the links between state care and incarceration. It found that between 1950 and 1999, one third of children placed in state care ended up serving a prison sentence.
Another research report, providing insight into those with learning disabilities and neurodiversity, in state and faith-based care between 1950-1999, was published.
And the inquiry into the Lake Alice unit was presented to Parliament on 15 December.
The closing date for survivor registrations was 21 March 2023. More than 4000 had registered.
The inquiry's original deadline of 30 June 2023 was extended to 28 March 2024.
Shaw said: "The scale of abuse is beyond what anyone had ever imagined at the start of this inquiry."
The inquiry into the Order of the Brothers of St John of God at Marylands School and Hebron Trust was published.
The school and related community centre for boys with learning disabilities in Christchurch was described as "hell on earth".
Cabinet agreed to a final, short extension, from 28 March to 26 June 2024.
The inquiry's 3000-page final report was made public, laying bare the scale of failure of the state and churches to protect the country's most vulnerable.
Commissioners Shaw, Dr Andrew Erueti, and Paul Gibson called for widespread law reform, an overhaul of the care system, and urgent implementation of the recommended redress scheme.
"Words must be accompanied by actions," Luxon said during the apology on Tuesday.
Solicitor-General Una Jagose received the most heat during her apology, with angry interjections from the crowd. Many survivors want her to step down, given her role in stonewalling victims' compensation claims.
Opposition leader Chris Hipkins said he formally joined with the government in its apology, saying the day was a significant step forward.
Luxon said the government has completed or started work on 28 of the report's 138 recommendations. He also announced a national remembrance day to be held on 12 November next year.
Ahead of the new redress scheme coming into effect - the most urgent priority for many survivors -, the government would invest an additional $32 million to increase capacity in the current one.
Research has estimated the average lifetime cost for an individual abused in care was about $860,000.
But monetary restitution was just one aspect, Keith Wiffin, a SAGE member, told RNZ. Redress needed to involve compensation as well as rehabilitation. And transformation of a system that continued to allow abuse.
The abuse continues today, according to human rights lawyer Sonja Cooper, who has been working for more than 30 years with state care victims.
She told RNZ that despite the inquiry "naming and shaming officials", so far, "no one has fallen on their sword".
When asked whether she thinks people will lose their jobs, she said: "Not at all."
"I don't have any confidence anyone is going to accept personal accountability at all."
And when asked whether further prosecutions were likely, following information brought to light by the inquiry, she said while possible, "history tells us that the police will not proceed with an historic prosecution unless there is a large enough group to support [it]".
"We do our best to alert the police to places where we have concerns about abuse of those in care and we also support clients to the best of our ability if they are complainants or witnesses in prosecutions of perpetrators."
A police spokesperson told RNZ: "Police will not be speaking about individuals or their cases, and survivors can be assured we will treat each investigation confidentially and with the care and attention it deserves."
They confirmed a three-person team continued to support and coordinate police's response to the inquiry, with further support from the national criminal investigation group.
"Police will engage with any person who wants to report criminal offending; this includes any cases mentioned in the Royal Commission's final report."