General policy statement
This Bill establishes a legal framework for the provision of redress to survivors of abuse in State care. It applies to existing redress schemes operated by the Ministries of Education, Health, and Social Development, Oranga Tamariki—Ministry for Children, the Department of Corrections, and the Ministry of Māori Development—Te Puni Kōkiri (core State agencies).
The purpose of this Bill is to—
introduce a presumption against financial redress for serious violent or sexual offenders; and
provide legal protections for core State agencies when making apologies for abuse in State care.
The New Zealand Government’s approach to responding to claims of abuse in State care has developed over the past 2 decades as an alternative dispute resolution model. Initially shaped by litigation against the Crown in the 1990s, State redress for abuse in care has evolved to focus on resolving claims out of court.
This Bill provides that the purpose of a redress scheme operated by a core State agency is to—
recognise a person’s experience of abuse in care; and
offer an alternative to litigation to provide for redress for abuse in care, including the provision of 1 or more of the following:
a financial payment (financial redress):
an apology:
counselling or other well-being support.
The Government made taken a series of decisions responding to the recommendations of the Royal Commission of Inquiry into Historical Abuse in State Care and in the Care of Faith-based Institutions regarding redress for claims of abuse in State care and those decisions requiring legislative change are progressed through this Bill. The complete list of decisions is detailed in the Crown Response Plan (available at https://www.abuseinquiryresponse.govt.nz/assets/Uploads/Crown-response-plan/Crown-response-plan-digital-version.pdf).
A financial payment is one element of redress. The Government considers that making payments to individuals convicted of serious violent or sexual offences, without further independent consideration, risks bringing the redress system into disrepute.
Accordingly, this Bill introduces a presumption against making redress payments to new claimants who—
make a claim on or after 9 May 2025 for financial redress for abuse in care; and
have been convicted of a qualifying offence under Schedule 1AB of the Sentencing Act 2002; and
were sentenced to 5 years or more in prison for that offence.
This Bill establishes an independent decision maker (the redress officer) who can overturn the presumption in circumstances in which the making of a payment would not bring the redress system into disrepute. This Bill sets out the appointment criteria, functions, and reporting obligations of the redress officer.
To support the integrity of the redress system, this Bill creates new strict liability offences for—
failing to declare a qualifying conviction when applying for redress; and
failing to disclose a subsequent conviction before redress is granted.
Each offence carries a maximum penalty of a $5,000 fine.
Apologies form an important part of the redress provided to survivors of abuse in care. However, the risk of liability following an apology in a context where it has not been possible to fully establish the facts provides a disincentive to the making of fulsome apologies by core State agencies. This Bill provides that personal apologies given by core State agencies as part of providing redress for abuse in care will not be admissible as evidence in civil proceedings that seek remedies for abuse in State care and are not to be treated as expressly or implicitly admitting guilt.
These protections will help core State agencies to make more fulsome apologies that meet the needs and expectations of survivors.
Departmental disclosure statement
The Crown Response Office is required to prepare a disclosure statement to assist with the scrutiny of this Bill. The disclosure statement provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill.
A copy of the statement can be found at http://legislation.govt.nz/disclosure.aspx?type=bill&subtype=government&year=2025&no=209
Regulatory impact statement
A regulatory impact statement is not required for this Bill.
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.