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Home / New Zealand

Churches seek inclusion in Royal Commission on state care abuse

By Lucy Bennett
NZ Herald·
26 Mar, 2018 04:09 AM5 mins to read

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Prime Minister Jacinda Ardern says churches could contribute to the inquiry but the focus should be on state care / Photo: Mark Mitchell

Prime Minister Jacinda Ardern says churches could contribute to the inquiry but the focus should be on state care / Photo: Mark Mitchell

The Catholic and Anglican Churches have both written to Prime Minister Jacinda Ardern asking for religious institutions to be included in the Royal Commission into abuse in state care.

The Prime Minister says the terms of reference for the inquiry are still being consulted on and while what churches have to say could feed into the inquiry, she stood by her belief that the inquiry should look primarily into what happened to children while in the care of the state.

"I understand that churches have taken a position and certainly it is important that feeds into the discussion we're having on the terms of reference as well," she said today.

"I still absolutely think the primary reason that this was instigated by a large group of people was for us to take responsibility for the role of the state by inquiring into ourselves," Ardern said.

"I've always had concerns around the impact of broadening the inquiry and diluting the responsibility that we need to take for those who were harmed in state care."

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The New Zealand Catholic Bishops and representatives from Catholic religious orders have written to Ardern, Minister for Children Tracey Martin and Sir Anand Satyanand, chairman of the Royal Commission into Abuse in State Care.

The letter, signed by Bishop Patrick Dunn, the president of the New Zealand Catholic Bishops Conference and Sister Katrina Fabish RSM, congregational leader of the Sisters of Mercy, said they supported the work of the Royal Commission of Inquiry into Historical Abuse in State Care but wanted the inquiry's terms of reference broadened to include a range of church institutions.

"We are of the firm view that no individual should be denied the possibility of making a submission to this government inquiry. It would be wrong if some individuals felt excluded from this process simply because their path of referral to an institution was different from someone else's," the letter said.

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The Anglican Church's top general synod committee today also sent a formal letter to Ardern and Martin urging the Government to broaden the terms of reference into historical abuse in state institutions to include church-related bodies.

The letter is signed by Archbishops Philip Richardson and Winston Halapua on behalf of the General Synod Standing Committee (GSSC), which met earlier this month.

"We are concerned that it will be unhelpful to victims and survivors, if the inquiry and its process is limited only to the state sector, denying some the right to have their voices heard. We believe that victims, survivors and the public at large would have greater confidence in the processes and outcomes of the Royal Commission's inquiry if it was fully inclusive."

The draft terms of the upcoming Royal Commission excludes institutions such as churches unless children were sent to them by the state.

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Ardern told RNZ last month that the distinction between state and church care was made because the state had essentially been a parent in the past so needed to take responsibility.

"There is no doubt that there will be religious institutions who will be brought into the remit of this inquiry by virtue of the fact that children in state care may have in some form been sent there. This inquiry allows us to then look into both what occurred to that child via the state, the state's role in seeking to respond when that abuse was often raised and they didn't always respond to it but also what actually happened with those institutions too," she told RNZ then.

The Royal Commission will focus on the victims, including any systemic bias based on race, gender or sexual orientation, but it will not compensate individual victims.

It will begin hearing victims' stories within six months, with the aim of reporting back by the end of the parliamentary term.

The inquiry is expected to cost $12 million in its first year.

The draft terms of reference state that the inquiry will:

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• Look at physical, sexual and emotional abuse and neglect.
• Look at bias against Maori but also based on gender or sexual orientation, and against those with disabilities or mental health issues.
• Consider the nature and extent of abuse, immediate and long-term impacts, the factors (including systemic factors) that contributed, and lessons to be learned.
• Cover a period of 1950 to 1999 - though this can be broadened

It will not consider individual compensation, but instead invites feedback on the Ministry of Social Development's historic claims process. It will also include a support mechanism for anyone that wants to lay a complaint with police.

State care includes child welfare and youth justice placements, as well as care in health, disability and special education facilities, such as psychiatric hospitals and residential care facilities, residential special schools and health camps.

It does not include prisons, former penal institutions, general hospital admissions or schools, unless the person was in state care at the same time.

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