Survivors of historic abuse in care seeking redress and accountability have faced a long battle, often against the State as it repeatedly delayed action and attempted to deny responsibility.
Although a system of redress is in place, survivors have often been left in the dark by confusing processes, including whether they are eligible for redress, alongside inconsistent experiences and offers of settlement with the system.
Earlier this year, the Ministry of Social Development was found by the High Court to not have been following its own assessment policy when unlawfully denying survivors seeking to register claims.
However, a new piece of legislation that passed its third reading late last month, and will come into effect on the 1st of August, may make things even more difficult for survivors seeking redress.
The Redress System for Abuse in Care Act 2026 will establish the legal presumption that survivors who have been convicted of serious violent and sexual offences will not be eligible for financial redress. It will also mean that apologies given to a survivor of abuse in care cannot be used as evidence for fault or liability for that abuse.
To understand the implications of this legislation, and the possible motivations behind it, Producer Theo spoke to the University of Auckland’s Associate Professor of Social Sciences, Stephen Winter.