NZ Passes Abuse in Care Redress Bill to Strengthen Survivor Support

Lead Coordination Minister Erica Stanford said the legislation forms part of the Government's wider response to the Royal Commission of Inquiry into Historical Abuse in State Care and in the Care of Faith-based Institutions.

New Zealand's Parliament has passed the Redress System for Abuse in Care Bill at its third reading, introducing changes aimed at strengthening the State redress system for survivors of historical abuse in State care and faith-based institutions. Lead Coordination Minister Erica Stanford said the legislation forms part of the Government's wider response to the Royal Commission of Inquiry into Historical Abuse in State Care and in the Care of Faith-based Institutions.

The new law defines the purpose of the State redress scheme as recognising a survivor's experience of abuse in care while providing an alternative pathway to court proceedings for those seeking redress. One of the major changes addresses what the Government described as a long-standing gap affecting people abused in State mental health facilities after 1993. Through what is known as Charlotte's Change, the legislation extends eligibility for State redress to people who experienced abuse in State mental health facilities between 1 July 1993 and 30 June 2022.

Financial redress rules tightened for serious offenders

Under the current redress system, survivors may receive access to care records, financial payments, wellbeing support, legal services and a formal apology. The new law creates a presumption against financial payments for survivors convicted of specified serious violent or sexual offences who received prison sentences of five years or more.

The Government said the measure is intended to protect public confidence in the State redress system. The restriction applies only to financial compensation, meaning affected survivors will still be able to receive other forms of redress, including access to records, support services and official apologies.

To ensure fairness, the Bill establishes an independent redress officer who can consider applications from individuals seeking to overturn the presumption against financial payments. The role must be filled by a retired judge, King's Counsel or senior lawyer with relevant experience. The redress officer will also oversee the process to make sure decisions follow the principles of natural justice. The legislation also allows the redress officer to exempt survivors from the serious offender process if they have a terminal illness with a life expectancy of less than six months.

Government prepares for wider mental health redress scheme

The extension covering abuse claims linked to State mental health facilities between 1993 and 2022 will come into effect on 14 July 2027, with some survivors already pre-registered ahead of the launch. The Government has also included provisions that allow the legislation to support a future redress scheme covering abuse in State mental health settings from 1 July 2022 onward. Stanford said the changes are designed to improve the integrity of the redress system while ensuring more survivors have access to recognition and support through a structured process.