The Royal Commission of Inquiry into Abuse in Care

On 4 December 2017, after an open letter from Action Station signed by many taken to Parliament, Cabinet agreed to establish an inquiry into abuse in state care under the Inquiries Act 2013. It also agreed that a Ministerial Working Group be set up to consider the potential scope and implementation of the Inquiry, led by the Minister for Children/of Internal Affairs supported by the Minister for Social Development. The terms of the inquiry were announced in November 2018, and at that time the scope was widened from covering abuse in state care to include abuse in faith based institutions.[3]

A gathering of survivours and advocates met with those appointed at Victoria University to talk about the Inquiry and terms of reference. This was then decided and collated with input and approval of those who attended.

The Department of Internal Affairs is now responsible for administering the independent Inquiry.[4] The Rt Hon Sir Anand Satyanand was appointed as the Inquiry Chair and member of the Inquiry.[5] Prime Minister Jacinda Ardern and Minister for Children Tracey Martin gave details of the inquiry which was formally established on 1 February 2018.[6]

In August 2019, Satyanand announced his resignation from the Commission. In a surprise announcement, he cited the growing workload, which was higher than predicted, and his age of 75. He left the Commission in November 2019 and became the chancellor of Waikato University.[7][8] Coral Shaw took over as chair, and Julia Steenson joined the Commission in June 2020.[9]

The work of the Commission was delayed by the COVID-19 pandemic in New Zealand, with reduced sessions from March through June 2020.[10]

The Commission released its first interim report on 16 December 2020. The report estimated that about a quarter of a million people were abused in state-based and faith-based care, though this figure may be conservative and it will be impossible to determine the precise number of people abused, because of data gaps and deficiencies. It reported that most of the abused came from Maori and Pacific families, disabled people, and women and girls. It found that abusive behaviour ranged from common physical assaults and sexual abuse through to unreasonable physical restraint, cruel, inhuman and degrading treatment, and medical procedures such as ECT therapy as punishment. The Commission's interim report said the state's redress processes so far had been overly focused on financial implications to the state, rather than on providing appropriate compensation to survivors and ensuring their wellbeing. It also said that survivors who made claims were frequently disbelieved and forced to retell their experiences again and again, retraumatising them.[11]

On 15 December 2021, the Commission released a second interim report which found that survivors' requests for redress were often rejected by authorities or their abuse downplayed, disbelieved or dismissed. The Commission found that agencies and institutions responsible for the abuse denied there was a systemic problem and feared the potential financial cost of settling with claimants. The Commission also criticised the inadequacy of the current redress systems at government agencies and faith-based institutions. As a result, the inquiry made 95 recommendations including the creation of a new redress process and a public apology to survivors.[12] The Commission also recommended that the Government enact legislation enshrining that children in care should be protected from abuse and that the Government be held liable for any such abuses.[13]

In response to the Commission's 2021 report, Prime Minister Ardern refused to confirm whether the Government would adopt the Commission's recommendation that children in state care should be legally protected from abuse. In mid-December 2021, the Government's Oversight of Oranga Tamariki System and Children and Young People's Commission Bill passed its first reading. The proposed Bill deals with oversight of the government department Oranga Tamariki, which is responsible for looking after children in state care. During the submission stage, several submissions expressed concern that the legislation would weaken oversight of Oranga Tamariki.[13]

On 14 June 2021, the Abuse in Care Inquiry began hearing from former young patients at the Lake Alice Psychiatric Hospital. During the 1970s, patients were reportedly subjected to massive doses of medication and electroconvulsive therapy as a punishment. There are 40 witnesses including 20 former patients.[14]

Between 9–17 February 2022, the Abuse in Care Inquiry began hearing from survivors of child sexual abuse perpetrated by The Hospitaller Order of St John of God at Marylands School, St Joseph's Orphanage and the Hebron Trust. Marylands School was a residential facility for boys, including many with disabilities.[15][16]

The Commission investigated the nature and extent of the abuse that occurred, why it happened and the impacts of that abuse.[17]

Dr Christopher Longhurst, from the Survivors Networks of those Abused by Priests (SNAP) labelled St John of God's apologies as hollow. Longhurst pointed out that church leaders initially opposed that faith-based institutions be included in the Commission. Longhurst said ...where was their shame decades ago when child victims and their parents first reported abuse? Where was their shames when disgraced brothers were shipped overseas instead of facing justice? Where was their shame when some of their victims took their own lives? [18]

Longhurst described Marylands School as ...a state supported church-run brothel that serviced the needs of paedophiles.

In addition to survivor testimonies, the Commission also heard evidence from survivor advocates, former employees of St John of God, NZ Police and Brother Timothy Graham, the current Provincial of St John of God.[19]

The Commission heard that despite its small size, the Order of St John of God was responsible for 14% of all recorded abuse in New Zealand's Catholic Church.[20]

A former nun, Dr Michelle Mulvihill told the Commission she had been employed by St John of God to respond to hundreds of sexual abuse claims in Australia and New Zealand. Ian 2002, Mulvihill made 13 trips to New Zealand and met scores of victims, some in prison, many homeless and others suffering mental health problems. She was sent to negotiate settlements with the victims and told the Commission she believed 91% of religious brothers at Marylands were abusing children.[21]

Mulvihill said the Order had a culture of concealing abuse perpetrated by its members and in 2002, an Australian class action ensured the identities of sex offenders within the Order of St John of God was kept secret. Over 120 complaints were made about abuse at Marylands and the majority against the notorious Brother Bernard McGrath. The now deceased principal, Brother Roger Moloney, was sentenced to 35 month's jail for sexually abusing children. Other brothers, including Raymond Garchow, William Lebler and Celsus Griffin were all named as child sex abusers.[22]

Mulvihill said that Lebler was allowed to answer calls from victims, even after allegations had been made against him. Moloney, who was sentenced to prison in New Zealand for child abuse, played a prominent role in Australian settlements as the Order's bursar.[23]

Mulvihill said St John of God's protection of its ...outrageous wealth, its members deviant sexual behaviour and their obedience to 'closing ranks' was indefensible and unforgivable. [18]

In her closing statement, Chair Coral Shaw said ...the shocking abuse included and is admitted, included grooming, child rape, vicious physical abuse and neglect, neglect of the vulnerable children's need for nature and education. We acknowledge and applaud the willingness of the survivors to share these painful experiences and describe the lifelong impacts they have to continue to endure. [24]

On 7 March 2022, the Royal Commission began hearing from Māori individuals who had experienced abuse as children while in state and faith–based care. The hearing is expected to last for two weeks until 18 March and is hosted by Ngāti Whātua at Ōrākei marae.[25][26] The first plaintiff Tupua Urlich testified about how he and his sister were separated from their mother and experienced abuse at the hands of a caregiver.[25]

On 8 March, five Waikato siblings testified about being beaten and exploited as child labour by their foster family between the late 1990s and 2001. Though Oranga Tamariki was aware about the abuse experienced by the children, the department opted to work with their foster family instead of rehousing the children. Following four years of abuse, one of the children spoke to a school counsellor who successfully petitioned for the children's removal from the foster family. The children subsequently were separated when they were rehomed with different families and testified about their loss of connection to Māori culture and identity.[27]

On 9 March, a plaintiff named Ms AF testified that welfare authorities erased her Māori birth mother from her birth certificate to facilitate her assimilation into a Catholic Pakeha/European family. Ms AF talked about being cut off from her Māori family and identity. She also claimed that she had been sexually abused by an uncle during her childhood and that she was raped by an acquaintance of her uncle as a teenager.[26]

On 16 March, a plaintiff known as "MM" testified about encountering violence, sexual abuse, bullying, and racism while in state care. "MM" also claimed that his Māori heritage was denigrated while in state care. Due to his abuse, "MM" became involved in gangs and spent most of his adult life in prison.[28] On 17 March, another plaintiff named Natasha Emery attributed the "intergenerational abuse" experienced by her and her family to the abuse they had experienced in state and foster care.[29]

On 18 March, the Royal Commission concluded its two-week hearing into Māori experiences of abuse in state care. The Commission covered a range of issues including family separations, children experiencing psychical, psychological and sexual abuse in state care, slave labour, forced assimilation, and a failure by relevant authorities to address such abuses.[30]

The Commission intends to release a final report with recommendations to the government. This is due to be produced by 3 January 2023.[31]

On 26 March, Cardinal John Dew, the Archbishop of Wellington and president of New Zealand Catholic Bishops Conference, apologised to abuse victims in the Royal Commission of Inquiry and stated that its systems and culture must change.[32][33]