Strengthening Safety in Care: NZ Passes Landmark Bill to Protect People in State Care

Stanford emphasized that while the legislation is a vital reform, it forms just one part of the broader journey toward a care system that prioritizes dignity and safety.

The New Zealand Government has taken a decisive step toward improving the protection of people in state care with the Responding to Abuse in Care Legislation Amendment Bill, which has successfully passed its third reading in Parliament. This comprehensive legislation is a core element of the Government’s broader response to the findings of the Royal Commission of Inquiry into Abuse in Care, and it marks a major milestone in the nation’s ongoing effort to ensure safety, accountability, and justice for survivors.

A Stronger Commitment to Survivors

Lead Coordination Minister Erica Stanford described the Bill as a critical measure to prevent the repetition of past wrongs, acknowledging the courage of nearly 2,400 survivors who shared their experiences with the Royal Commission. “We are committed to doing better for survivors, and I know these changes to our existing legislation will make a difference,” she stated.

Stanford emphasized that while the legislation is a vital reform, it forms just one part of the broader journey toward a care system that prioritizes dignity and safety. “There is still a lot more to be done to ensure the wrongs of the past are not repeated,” she added, reaffirming the Government’s commitment to continuing this work with urgency and care.

Key Reforms Introduced Under the Bill

The Responding to Abuse in Care Legislation Amendment Bill introduces critical amendments across several major Acts — including the Oranga Tamariki Act, the Children’s Act, the Crimes Act, and the Public Records Act — to improve protection, monitoring, and accountability within care institutions.

Oranga Tamariki Act

• Ending strip searches: The Bill removes the power to conduct strip searches of young people in secure residential care, recognizing the trauma and indignity such practices can cause.

• Clarifying secure care time limits: It defines clearer rules around how long a child can be placed in secure care units, preventing extended or arbitrary detentions.

• Improving safety measures: The legislation empowers staff to use body image scanners and introduces new visitor search powers to detect and prevent the introduction of harmful items in youth justice facilities.

Children’s Act

• Establishes a process to bar individuals with serious overseas convictions related to child harm from working with children in New Zealand, ensuring no gaps in the nation’s safeguarding measures.

Crimes Act

• Expands the definition of a vulnerable adult to explicitly include people with disabilities, ensuring that those who care for disabled adults have a clear statutory duty of care to prevent abuse and neglect.

Public Records Act

• Mandates better recordkeeping by government agencies, addressing the persistent issue survivors have faced in accessing records of their time in care.

• Strengthens the oversight powers of the Chief Archivist, who can now issue performance notices to agencies failing to maintain proper records.

Building a Safer Future for Those in Care

This legislation is designed not only to correct systemic failures of the past but also to set higher standards for the future of care in New Zealand. Enhanced monitoring, transparent recordkeeping, and stronger legal protections are expected to foster a culture of responsibility and compassion across institutions that care for children, young people, and vulnerable adults.

As the Government moves forward with the implementation of the Royal Commission’s recommendations, this Bill stands as a tangible expression of commitment to rebuilding trust and ensuring that the care system is a place of safety — not harm.