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Redress System for Abuse in Care Bill

Introduction

You could also call this:

"Breaking down the Redress System for Abuse in Care Bill into smaller parts to understand how it works"

Illustration for Redress System for Abuse in Care Bill

The Redress System for Abuse in Care Bill is a proposed law. You will see how it works by looking at each part. The Bill has many clauses that explain what it does. The Bill starts with a title and a commencement clause. You need to know that the commencement clause says when the Bill comes into force. It comes into force on the day after Royal assent. The purpose of the Bill is to help people who were abused in care. You can see that it sets out how serious violent and sexual offenders can apply for financial redress. It also explains how apologies work in court. The Bill talks about a redress scheme. You should understand that a redress scheme is a way to help people who were abused in care. It offers an alternative to going to court to get redress for abuse in care. The Bill says that a serious violent or sexual offender is not eligible for financial redress. You can see that there are some exceptions to this rule. The redress officer can decide if financial redress should be made available to the person. The Bill explains how the redress officer makes decisions. You need to know that the redress officer considers many things before making a decision. The officer must be satisfied that giving financial redress to the person will not bring the redress scheme into disrepute. The Bill also talks about what happens if someone does not tell the truth about their criminal convictions. You can see that this is a serious offence and the person can get a fine. The Bill explains how apologies work in court and how they affect liability. The redress agency has to follow certain rules. You should understand that the agency has to publish the eligibility criteria for all redress schemes. The agency also has to consider certain things when making decisions about financial redress. The Bill has many clauses that explain how it works. You can see that it is a complex law that tries to help people who were abused in care. It sets out how the redress scheme works and how decisions are made.

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This page was last updated on 27 October 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1530181-clause-by-clause-analysis.

Topics:

Crime and justice > Victim supportGovernment and voting > Government departmentsRights and equality > Anti-discrimination

Regulatory impact statement, or

"No special report needed on law change effects"

1: Title, or

"The Redress System for Abuse in Care Act 2025: A Law to Help People Hurt in Care"

Clause by clause analysis

Clause 1 is the Title clause.

Clause 2 is the commencement clause, which provides that the Bill comes into force on the day after Royal assent.

1Preliminary provisions

Clause 3 sets out the purpose of the Bill, which is to—

establish the legal presumption that serious violent and sexual offenders are not eligible for financial redress under a redress scheme; and
set out the process by which serious violent and sexual offenders can apply for eligibility for financial redress; and
set out the circumstances in which an apology given by or on behalf of a person to a survivor of abuse in care is not relevant or admissible in court.

Clause 4 sets out the purpose of a redress scheme, which is to recognise a person’s experience of abuse in care and offer an alternative to ligitation to provide for redress for abuse in care.

Clause 5 is an interpretation provision.

Clause 6 provides that any transitional, savings, and related provisions (set out in Schedule 1) have effect according to their terms.

Clause 7 provides that this Bill (when enacted) binds the Crown.

Clause 8 provides that clauses 9 to 24 apply to any application made on or after 9 May 2025 for financial redress under a redress scheme.

2Redress system for abuse in care

Clause 9 provides that a serious violent or sexual offender is not eligible for financial redress under a redress scheme unless the redress officer determines that financial redress should be made available to the person.

Clause 10 provides that the Minister must appoint a redress officer and sets out the eligibility criteria for that officer.

Clause 11 sets out the function and duty of the redress officer.

Clause 12 requires the chief executive of a redress agency to publish the eligibility criteria for all redress schemes operated by that agency, and sets out what the eligibility criteria must include.

Clause 13 requires an applicant for financial redress under a redress scheme to—

consent to a criminal record check being undertaken by the redress agency in relation to the applicant; and
make a declaration, on a form approved by the chief executive of the redress agency, as to whether they have been convicted of a violent, sexual, or firearms offence in relation to which they were sentenced to imprisonment for a term of 5 years or more (whether or not that sentence was also imposed in relation to any other offence).

Clause 14 requires an applicant for financial redress who is convicted of a violent, sexual, or firearms offence at any time after they have made an application for financial redress but before redress is granted to disclose that conviction to the redress agency as soon as possible following the conviction.

Clause 15 provides that a redress agency may conduct a criminal record check in respect of an applicant for financial redress.

Clause 16 sets out the process if a redress agency determines that an applicant for financial redress is a serious violent or sexual offender. The redress agency must notify the person that the redress agency has determined that they are a serious violent or sexual offender, that they are not eligible for financial redress unless the redress officer determines under clause 19 that financial redress should be made available to them. , and that the applicant may request that the redress agency refers their application to the redress officer for a determination under clause 19.

Clause 17 provides that a serious violent or sexual offender may request that the redress agency refer their application for financial redress to the redress officer for a determination under clause 19. That request must include consent for the redress officer to collect and consider certain information relating to the applicant.

Clause 18 requires a redress agency to refer an application for financial redress to the redress officer if requested to do so by a serious violent or sexual offender. The redress agency must include with that referral all information held by the redress agency in relation to the criminal record check on the person under clause 15.

Clause 19 provides for the redress officer to determine whether a serious violent or sexual offender should be eligible for financial redress under a redress scheme. The redress officer may make such a determination only if satisfied that the payment of financial redress to that person would not bring the redress scheme into disrepute.

Clause 20 sets out the matters that the redress officer must consider when making a determination under clause 19.

Clause 21 sets out the circumstances in which a serious violent offender may reapply for financial redress.

Clause 22 sets out the reporting obligations of the redress officer.

Clause 23 provides that a person who fails, without reasonable excuse, to declare a criminal conviction in accordance with clause 13 commits an offence and is liable on conviction to a fine not exceeding $5,000.

Clause 24 provides that a person who fails, without reasonable excuse, to disclose under clause 14 a violent, sexual, or firearms offence for which they were convicted after the date of their application for financial redress but before redress is granted commits an offence and is liable on conviction to a fine not exceeding $5,000.

Clause 25 sets out the effect of an apology under a redress scheme on liability. It provides that—

an apology made by or on behalf of a person in connection with any abuse in care alleged to have been caused by the person is not relevant to the determination of fault or liability in connection with that abuse in care; and
evidence of an apology made by or on behalf of a person in connection with any abuse in care alleged to have been caused by the person is not admissible in any civil proceedings seeking remedies for abuse in care as evidence of the fault or liability of the person in connection with that abuse in care.