Redress System for Abuse in Care Bill

Redress System for Abuse in Care Bill The Parliament of New Zealand enacts as follows: 1 Title This Act is the Redress System for Abuse in Care Act 2025 . 2 Commencement This Act comes into force on the day after Royal assent. 2 Commencement Sections 8 to 24A come into force on 1 August 2026. The rest of this Act comes into force on the day after Royal assent. 3 Purpose of Act The purpose of this Act is to— a establish the legal presumption that serious violent and sexual offenders are not eligible for financial redress under a redress scheme; and b set out the process by which serious violent and sexual offenders can apply for eligibility for financial redress; and c provide that— i an apology given by or on behalf of a person to a survivor of abuse in care is not relevant to any determination of fault or liability in connection with that abuse in care; and ii evidence of such an apology is not admissible in any civil proceeding seeking remedies for abuse in care as evidence of the fault or liability of the person in connection with that abuse in care. 4 Purpose of redress scheme The purpose of a redress scheme is to— a recognise a person’s experience of abuse in care; and b offer an alternative to litigation to provide for redress for abuse in care, including the provision of 1 or more of the following: i an apology: ii financial redress: iii counselling or other well-being support: iv assistance with accessing care records. 4A Act does not apply in respect of torture To avoid doubt,— a redress for an act of torture is not within the scope of this Act; and b nothing in this Act affects redress for an act of torture. In this section, act of torture has the same meaning as in section 2(1) of the Crimes of Torture Act 1989. 5 Interpretation In this Act, unless the context otherwise requires,— abuse means physical, sexual, and emotional or psychological abuse or neglect abuse in care means the abuse of a person arising from, or relating to, acts or omissions of the State that occur while that person is in the care or control of the state or another person and at a time when the State— a has assumed responsibility for the person’s care; or b has a duty of care to the person (including a duty to inquire) apology — a means an acknowledgement or expression of sympathy or regret; and b includes any statement of facts on which the apology is based; and c may include an admission of fault at-risk adult means an adult in need of care by reason of mental illness, impairment, or disability civil proceeding means any proceeding (including any public law or judicial review proceeding) before a court or tribunal other than a criminal proceeding criminal record , in relation to any person, means any— a charges laid against the person that have resulted in a conviction; and b convictions entered against the person; and c sentences imposed on the person; and d orders imposed on the person as a result of a conviction criminal record check means an investigation into the criminal record of any person Minister means the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act redress means the provision of 1 or more of the following to a person who has applied for redress under a redress scheme: a an apology: b a financial payment ( financial redress ): c counselling or other well-being support: d assistance with accessing care records redress agency means any public service agency (as defined in section 5 of the Public Service Act 2020) or predecessor agency that has, or had, responsibility for the care of children, young persons, or at-risk adults redress agency — a means any public service agency (as defined in section 5 of the Public Service Act 2020) or predecessor agency that has, or had, responsibility for the care of children, young persons, or at-risk adults; and b includes any Crown agent named in Part 1 of Schedule 1 of the Crown Entities Act 2004 declared by Order in Council made under section 26 to be a redress agency for the purposes of this Act redress officer means the redress officer appointed under section 10 redress scheme means an alternative dispute resolution scheme that provides for redress for any of the following: a the abuse of children and young persons arising from, or relating to, the acts or omissions of Oranga Tamariki—Ministry for Children in performing its statutory functions in relation to the care, protection, or control of children and young persons: b the abuse of children and young persons arising from, or relating to, the acts or omissions of a predecessor agency of Oranga Tamariki—Ministry for Children in performing its statutory functions in relation to the care, protection, or control of children and young persons: c the abuse of patients in State-run psychiatric and psychopaedic facilities before 1 July 1993 1 July 2022 : d the abuse of children and young persons attending— i a specialist school or primary school before 1 October 1989; or ii a State school that has been closed under section 199 of the Education and Training Act 2020 or any corresponding former legislation: e the abuse of inmates of youth penal institutions (including borstal institutions operated under the Penal Institutions Act 1954): f the abuse of children and young persons arising from, or relating to, the acts or omissions of the Ministry of Māori Development—Te Puni Kōkiri or its predecessor agencies in performing their functions so far as they relate, or related, to the care, protection, or control of children and young persons: g any class of abuse in care identified in an Order in Council made under section 26 relevant Corrections information means any information held by the Department of Corrections in respect of any rehabilitation undertaken by a serious violent or sexual offender serious violent or sexual offender means a person who— a has been convicted of an offence listed in Schedule 1AB of the Sentencing Act 2002; and b has received a sentence of a term of imprisonment of 5 years or more or in relation to that offence (whether or not that sentence was also imposed in relation to any other offence) State includes— a a district health board established by the New Zealand Public Health and Disability Act 2000; and b a State school that has been closed under section 199 of the Education and Training Act 2020 or any corresponding former legislation. Despite paragraph (c) of the definition of redress scheme , nothing in this Act applies to any application for redress for abuse in care made in respect of the Lake Alice Psychiatric Hospital Child and Adolescent Unit. 6 Transitional, savings, and related provisions The transitional, savings, and related provisions (if any) set out in Schedule 1 have effect according to their terms. 7 Act binds the Crown This Act binds the Crown. 8 Application of sections 9 to 22 Sections 9 to 22 apply to any application made on or after 9 May 2025 for financial redress under a redress scheme. 9 Presumption against financial redress for serious violent or sexual offenders A serious violent or sexual offender is not eligible for financial redress under a redress scheme unless the redress officer appointed under section 10 determines under section 19 that financial redress should be made available to the person. 10 Minister must appoint redress officer The Minister must appoint a redress officer— a who is— i a retired Judge; or ii a King’s Counsel; or iii a lawyer of not less than 7 years’ legal experience; and b who has— i knowledge and understanding of the criminal justice system and the findings of the Royal Commission of Inquiry into Historical Abuse in State Care and in the Care of Faith-based Institutions, particularly the impact of abuse in care on survivors; and ii knowledge and understanding of the impact of crime on victims (as defined in section 4 of the Victims’ Rights Act 2002); and iii the ability to make a balanced and reasonable judgement of community expectations; and iv the ability to work effectively with people who have experienced abuse in care; and v the ability to work effectively with people from a range of cultures and backgrounds; and c who is not an employee of a redress agency. The Minister may, at any time, appoint an alternate redress officer to act as the redress officer if the person appointed under subsection (1) is unable to act (whether by reason of illness, absence from New Zealand, or other cause). A person appointed as an alternate redress officer must meet the requirements of subsection (1) . 10A Term of office The redress officer is appointed for a term not exceeding 5 years. The redress officer is eligible for reappointment. 10B Vacation of office The redress officer may at any time be removed from office by the Minister for any of the following reasons proved to the satisfaction of the Minister: a inability to perform the functions, duties, and powers of the office: b bankruptcy: c neglect of duty: d misconduct. The redress officer may at any time resign their office by giving notice in writing to the Minister. 11 Function and duty of redress officer The function of the redress officer is to determine, when a serious violent or sexual offender applies for financial redress, whether the person should be entitled to receive financial redress despite the presumption against serious violent or sexual offenders being eligible to receive financial redress. The redress officer must act independently when making a determination as to whether a serious violent or sexual offender should be entitled to receive financial redress despite the presumption against serious violent or sexual offenders being eligible to receive financial redress. 12 Chief executive of redress agency must publish eligibility criteria The chief executive of a redress agency must ensure that the eligibility criteria for all redress schemes operated by that agency is available, free of charge, on an internet site maintained by or on behalf of the redress agency. The eligibility criteria must include— a a statement that the purpose of the redress scheme is to— i recognise a person’s experience of abuse in care; and ii offer an alternative to litigation to provide for redress for abuse in care, including the provision of 1 or more of the following: A an apology: B financial redress: C counselling or other well-being support ; and : D assistance with accessing care records; and b a statement that serious violent or sexual offenders are not eligible to receive financial redress under the redress scheme operated by the agency unless the redress officer determines under section 19(2) that financial redress should be made available to a person. 13 Application for financial redress An applicant A person who applies for financial redress under a redress scheme must— a consent to a criminal record check being undertaken by the redress agency in relation to the applicant person ; and b 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). 14 Applicant must disclose subsequent serious violent or sexual offence If an applicant a person who applies for financial redress is convicted of a violent, sexual, or firearms offence at any time after they have made an application for financial redress under a redress scheme but before redress is granted, the applicant the person must disclose that conviction to the redress agency as soon as possible following the conviction. 15 Redress agency may conduct criminal record check A redress agency may, after receiving an application from a person for financial redress under a redress scheme, conduct a criminal record check in respect of the person. If, after conducting a criminal record check in respect of a person who has applied for financial redress, the redress agency considers that the person is not a serious violent or sexual offender, the redress agency must, as soon as practicable, dispose of any information obtained as part of the criminal record check in respect of the person. If, after conducting a criminal record check in respect of a person who has applied for financial redress, the redress agency considers that the person is a serious violent or sexual offender, the redress agency must not use that information in relation to any assessment of that person’s application for redress. 16 Process if person is serious violent or sexual offender If, after conducting a criminal record check in respect of a person who has applied for financial redress, a redress agency considers that the person is a serious violent or sexual offender, the redress agency must notify the person that— a the redress agency considers that the person is a serious violent or sexual offender; and b the person is not eligible for financial redress under the redress scheme unless the redress officer determines under section 19 that financial redress should be made available to that person; and c the person may request that the redress agency refer the application to the redress officer to determine whether financial redress should be made available to that person. 17 Serious violent or sexual offender may request determination by redress officer After receiving notice under section 16 , a serious violent or sexual offender may request that a redress agency refer the person’s application for financial redress to the redress officer to determine whether financial redress should be made available to that person. A request under subsection (1) must include consent for the redress officer to collect and consider the following information for the purpose of determining whether financial redress should be made available to the person: a sentencing notes: b Parole Board decisions: c any relevant Corrections information. 18 Redress agency must refer certain applications to redress officer This section applies if a serious violent or sexual offender has requested that a redress agency refer the person’s application for financial redress to the redress officer to determine whether financial redress should be made available to that person. The redress agency must, as soon as is reasonably practicable,— a refer the application for financial redress to the redress officer; and b include with that referral all information held by the redress agency in relation to the criminal record check on the person under section 15 . 18A Power of redress officer to obtain further information In addition to the information specified in section 17(2) , the redress officer may request that the serious violent or sexual offender consent to the redress officer obtaining any other information that a court, the Department of Corrections, or the Parole Board holds in respect of the offender that the redress officer considers may be relevant to making a determination. The redress officer may draw any reasonable inference from a serious violent or sexual offender not giving consent to a request made under subsection (1) . 19 Redress officer to determine whether serious violent or sexual offender should be eligible for financial redress On receiving a referral from a redress agency of an application from a serious violent or sexual offender for financial redress, the redress officer must determine whether financial redress should be made available to that person. The redress officer may determine that financial redress should be made available to a serious violent or sexual offender only if satisfied that the payment of financial redress to that person would not bring the redress scheme into disrepute or adversely affect public confidence in the redress scheme. 20 Matters to be considered by redress officer when making determination In determining whether financial redress should be made available to a serious violent or sexual offender, the redress officer must consider— a the information contained in the criminal record check undertaken by the redress agency in respect of the person under section 15 ; and b the information collected under section 17(2) or 18A in respect of the person; and c the nature of the person’s offending; and d the term or terms of imprisonment imposed on that person at sentencing; and e the length of time since the relevant offending took place; and g any rehabilitation undertaken by the person; and h any information put forward by the person; and i any submissions made by the person; and j any other matter that the redress officer considers relevant. The redress officer may weigh up the factors set out in subsection (4) as they think fit, having regard to the circumstances of the application. 20A Notification of determination As soon as practicable after making a determination under section 19 about whether financial redress should be made available to a serious violent or sexual offender, the redress officer must notify the following of the determination: a the serious violent or sexual offender: b the redress agency to which the determination relates. A notification under subsection (1) must include the reasons for the determination. 20B Redress agency must not use notification of determination in assessment of application for redress A redress agency that receives a notification under section 20A must not use that determination, or any of the reasons given for it, in any assessment of a person’s application for redress. 20C Procedure for making determination Before making a determination under section 19 , the redress officer must give the serious violent or sexual offender the opportunity to— a put forward any information that may be relevant to the determination; and b make submissions. Subject to subsection (1) , the redress officer may determine their own procedures for making a determination. 21 Serious violent or sexual offender may reapply for financial redress This section applies if the redress officer determines under section 19 that financial redress should not be made available to a serious violent or sexual offender. The serious violent or sexual offender may reapply to the redress officer for financial redress under a redress scheme at any time after the expiry of 3 years after the date of the determination. However, if a redress scheme is being wound up,— a the Minister responsible for the relevant redress scheme must give public notice of the following: i that the redress scheme is being wound up: ii the date on which the redress scheme will be closed for applications; and b the redress agency must take reasonable steps to notify each serious violent or sexual offender in respect of whom the redress officer has made a determination that financial redress should not be made available of the following: i that the redress scheme is being wound up: ii the date on which the redress scheme will be closed for applications: iii that the serious violent or sexual offender may reapply for financial redress at any time before the date on which the redress scheme is closed for applications; and c the serious violent or sexual offender may reapply for financial redress at any time before the date on which the redress scheme is closed for applications. Unless subsection (5) applies, a serious violent or sexual offender may exercise only once the right in subsection (2) or (3) to reapply for financial redress. The redress officer may, if satisfied that information provided by the serious violent or sexual offender indicates a change of circumstances that could reasonably change the outcome of a previous determination made by the redress officer, permit the serious violent or sexual offender to reapply to the redress officer for financial redress under a redress scheme. 21A Applicant with terminal illness may apply to redress officer for exemption This section applies to a person who— a has applied for financial redress under a redress scheme; and b suffers from a terminal illness that is likely to end the person’s life within 6 months. The person may apply to the redress officer for an exemption from 1 or more of the provisions of this Act in respect of the application. 21B Redress officer may exempt applicant from provisions of Act This section applies if the redress officer has reasonable grounds to believe that a person who has applied for financial redress suffers from a terminal illness that is likely to end the person’s life within 6 months. The redress officer may, if a criminal record check has not been undertaken in respect of the person under section 15(1) , exempt the person from— a section 9 (presumption against financial redress for serious violent or sexual offenders); and b sections 13 to 21 (process for applying for financial redress). The redress officer may, if a criminal record check has been undertaken in respect of the person under section 15(1) and the redress agency considers that the person is a serious violent or sexual offender under section 16 , exempt the person from— a section 9 (presumption against financial redress for serious violent or sexual offenders); and b sections 17 to 21 (process for applying for financial redress if redress agency considers person a serious violent or sexual offender). Before granting an exemption under subsection (3) , the redress officer must be satisfied that— a it is unlikely that a determination under section 19 will be made before the person’s death; and b the granting of an exemption to the person would not bring the redress scheme into disrepute or adversely affect public confidence in the redress scheme. 21C Procedure for exemptions Before granting an exemption under section 21B , the redress officer must give the person the opportunity to— a put forward any information that may be relevant to the granting of the exemption; and b make submissions. The redress officer must notify the person in writing of the decision to grant an exemption or decline to grant an exemption, including reasons for the decision. 21D Continuation of applications for financial redress after death of applicant This section applies if a person who has applied for financial redress under a redress scheme dies— a before a criminal record check is undertaken in respect of the person under section 15(1) ; or b after a redress agency has given notice under section 16 that it considers the person is a serious violent or sexual offender but before the redress officer makes a determination under section 19 in respect of the person. The application for financial redress may be continued by— a the executors or administrators of the person’s estate; or b if probate or letters of administration have not been, and will not be, applied for in respect of the person’s estate, a family member or other person that the redress agency considers suitable to represent the beneficiaries of the estate. The person (or persons) referred to in subsection (2) may do any of the following things if that thing was not done by the person who has applied for financial redress: a consent to a criminal record check being undertaken by the redress agency in relation to the person who has applied for financial redress under section 13(a) : b make a declaration under section 13(b) in respect of the person who has applied for financial redress: c request that the redress officer makes a determination under section 17(1) in respect of the person who has applied for financial redress: d consent to the information listed in section 17(2)(a) to (c) being collected and considered by the redress officer in respect of the person who has applied for financial redress: e consent to the redress officer obtaining under section 18A(1) any other information that a court, the Department of Corrections, or the Parole Board holds in respect of the person who has applied for financial redress that the redress officer considers may be relevant to making a determination: f put forward any information that may be relevant to a determination or make submissions under section 20C . The person (or persons) referred to in subsection (2) may not reapply for financial redress under section 21 . 22 Reporting obligations of redress officer The redress officer must report annually to the Minister stating the number of applications received and determined by the redress officer under section 19 . The report must include— a the number of applications approved and the number of applications declined by the redress officer; and b a summary of the basis on which, and circumstances in which, the redress officer has made determinations that a serious violent or sexual offender should be eligible for financial redress in a form that does not identify any person. 22A Publishing obligations of chief executive of responsible agency The chief executive of the agency responsible for the administration of this Act must make each report given by the redress officer to the Minister under section 22 available, free of charge, on an internet site maintained by or on behalf of the agency. 23 Failure to declare criminal conviction A person who fails, without reasonable excuse, to declare a criminal conviction in accordance with section 13 commits an offence and is liable on conviction to a fine not exceeding $5,000. 24 Failure to disclose subsequent serious violent or sexual offence A person who fails, without reasonable excuse, to disclose under section 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. 24A District Court may order recovery of financial redress This section applies if a person— a has been convicted of an offence against section 23 or 24 ; and b obtained financial redress under a redress scheme without a determination being made by the redress officer under section 19 that the person is entitled to redress despite the presumption in section 9 . The District Court may order the person to repay, in whole or in part, the amount of financial redress paid to that person under a redress scheme. An order under this section is enforceable under Part 3 of the Summary Proceedings Act 1957 as if the order were a fine. 25 Effect of apology on liability 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. 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. 26 Secondary legislation relating to redress agencies and redress schemes The Governor-General may, by Order in Council on the recommendation of the Minister,— a declare a Crown agent named in Part 1 of Schedule 1 of the Crown Entities Act 2004 to be a redress agency for the purposes of this Act: b identify the abuse of patients in State-run psychiatric and psychopaedic facilities on or after 1 July 2022 as a class of abuse in care for the purposes of the definition of redress scheme. An Order in Council made under this section is secondary legislation ( see Part 3 of the Legislation Act 2019 for publication requirements). 1 Transitional, savings, and related provisions There are no transitional, savings, or related provisions in this Act as enacted.