Policy and Practice Guidance for the Historic Claims process
These documents provide further insight into the Historic Claims process.
The Handbook
The MSD Historic Claims Handbook
The MSD Historic Claims Handbook is our key process and practice guidance that we use to respond to claims.
Practice Guidance
These practice guidance documents offer more specialised guidance about particular aspects of our process in order to complete an individualised claim assessment.
Assessing frequency
This describes what frequency is regarding allegations and how to identify it in order to assess a claim. It also explains how frequency is used to work out payment categories.
Duplicate allegations
This describes what duplicate allegations are, how to recognise them and then how to consider them for the assessment. Duplicate allegations can include being in the same placement multiple times, more than one type of abuse in a placement and multiple allegations about the same perpetrator.
Emotional, Psychological and Verbal abuse allegations
This describes what emotional abuse can cover and how to record it when assessing claims.
How to identify and write an allegation
This defines what an allegation is, how to identify them and how they are recorded as part of a claim assessment.
How to prepare a Step 2 analysis
This describes what a Step 2 analysis is, provides examples around when it should be applied to an assessment and how to carry it out if required.
How to write a recommendation for payment
This defines what a payment recommendation is and how to write a recommendation with appropriate rationale about the proposed payment amount.
Information sources for assessment
This explains what information is available about a person’s time in care and where to find it to help with an assessment.
Responsible adults, inaction, and inadequate practice
This describes three different categories of allegations that could form part of a claim assessment: 1) abuse by responsible adult, 2) inaction, insufficient action, or inappropriate action 3) inadequate practice.
Settlement documentation
This describes the three documents that form settlement documentation which is prepared once an individualised claim assessment, or a rapid payment has been completed.
Timelines
Timelines are a chronological story built by us that take note of key events in claimants’ lives during their involvement with the State which are used to give claimants more information about their time in State care if they want it.
Other relevant guidance
Claim Review Principles and Guidance
A claim review is the process used if a claimant rejects an individualised claim assessment offer and requests a review. This document explains the claim review process in depth.
Guidelines on Discretionary Payments in Historic Claims
This describes when the General Manager might consider recommending a discretionary payment for an amount that is more than the amount a person would ordinarily be entitled to under the Ministry’s historic claims process.
Ministry of Education Claims Policy
This explains what we do when a claimant makes allegations that relate to an institution that was run by the Ministry of Education.
Policy and practice guidance on deceased claimants
This describes the process used in the unfortunate event that a claimant dies prior to their claim being resolved.
Second claims or revisited claims policy guidance
This describes the types of situations where the Ministry might consider registering a second claim for a claimant if they have previously resolved a historic claim with the Ministry.
Limitation Act policy
This sets out the details of the Limitation Act policy to ensure that if people make a claim through MSD Historic Claims, MOE or Oranga Tamariki they are not disadvantaged under the Limitation Act while they are engaging in our claims processes.
Counting time for claims about abuse
This explains the Limitation Act and how much time a person has to make a claim in court and what happens to that time if you make a claim through MSD Historic Claims.
