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Government announcement of Terms of Reference for Royal Commission of Inquiry into Historical Abuse in State Care and in the Care of Faith-based Institutions

12 November 2018.

The Government has announced the final Terms of Reference for the renamed Royal Commission of Inquiry into Historical Abuse in State Care and in the Care of Faith-based Institutions. The new name reflects an extension of scope as the result of public feedback, including to schools, faith-based institutions and some health and disability facilities.

The extension of scope does not have any additional impact for MSD and the Historic Claims work we are doing now. The finalisation of the Terms of Reference will not affect people already working with the Ministry on existing or new claims, as this work will carry on in parallel with the Inquiry. The Ministry is committed to continual improvement for the claims process, particularly around how we can be more responsive to claimant needs and have a focus on Tikanga Māori. Following a period of consultation with past and present claimants and key stakeholders the Ministry has developed a new, more claimant-focussed process for dealing with claims. This process is in the early stages of implementation now and will be built on over the next few years. We will also be increasing the numbers of people working on claims.

As the Inquiry moves to establish its approach and programme, including planning and preparing for hearings, the Ministry will start to understand more how we can best support their work.

The Social Wellbeing Board of Chief Executives is setting up a Crown response and engagement team to help agencies work together and to collectively support the Inquiry. This team will coordinate and align efforts across and between agencies to support the Inquiry’s workin an integrated, open, constructive and transparent way.

The Inquiry will identify, examine and report on existing redress, rehabilitation and compensation processes for resolving claims, making general comments and/or findings. They may also recommend appropriate changes, which may result in further improvements. Once these recommendations are known the Ministry will work with the Minister to action any changes needed to our work.

Anyone considering making a claim for abuse received while in state care before 2008 is encouraged to talk to us about how we can help. Please call us on 0800 631 127, or email: historicclaims@msd.govt.nz

Questions and answers

Does the Inquiry mean the claim I have with MSD will stop until the Inquiry is finished?

The Inquiry will not affect people working with the Ministry of Social Development on existing claims or stop people making new ones, as this work will carry on. The Ministry of Social Development is committed to making continual improvements to the claims process, in particular around how we work with people as we progress their claim, ensuring we focus on claimants needs and strengthening our focus on Tikanga Māori.

If the Inquiry makes recommendations around the way claims are settled can I go back and have my claim relooked at?

The Inquiry will identify, examine and report on existing redress, rehabilitation and compensation processes for resolving claims, making general comments and/or findings. They may also recommend appropriate changes, which may result in further improvements. Once these recommendations are known the Ministry will work with the Minister to action any changes needed to our work. An interim report is due by the end of 2020 with the final report of the Inquiry expected in January 2023.

If I have a claim with you can I still get in touch with the Inquiry to tell them about my experience?

Yes you can. We will be working closely with the Inquiry to make it as simple as possible for people to share their information.

If I talk to the Inquiry and then want to make a claim with you will I have to go through my whole experience again?

We will be working closely with the Inquiry to make it as simple as possible for people to share their information without having to retell their experiences.

I was planning on making a claim over the next few months. Can I still do that?

Yes, the Inquiry does not prevent you from making a claim. We encourage you to talk to us so we can help you to get the process started.

To make a claim or find out more, please get in touch with us by:

  • calling 0800 631 127 to speak with an experienced advisor in the Historic Claims team
  • email: historicclaims@msd.govt.nz
  • writing to the Historic Claims team, Ministry of Social Development, PO Box 1556, Wellington 6140.

If your claim is for a time after January 2008 please call Oranga Tamariki–Ministry for Children on 0508 326 459.

You can also speak with a lawyer to get their assistance to make a claim. They would be able to let you know if you can get legal aid.

How do I get in touch with the Inquiry?

You can contact the Inquiry by:

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