Many individuals and community groups have called for an independent inquiry into historical abuse in State care in New Zealand. This included the campaign led by the Human Rights Commission entitled Never Again / E Kore Anō. In 2017, the United Nations Committee on the Elimination of Racial Discrimination recommended that New Zealand establish an independent inquiry into this issue. The United Nations Committee on the Rights of the Child also considered the treatment of children in care in 2016. Other countries have established similar inquiries to examine abuse in various settings. During the public consultation on the draft terms of reference, a number of stakeholders called for a broad-based inquiry that could look into abuse both in State care and in the care of faith-based institutions.

In recent years, a range of processes has been established to respond to the issue of abuse in State care. The Confidential Forum for Former In-Patients of Psychiatric Hospitals and the Confidential Listening and Assistance Service listened to individual experiences of State care and made recommendations for future work. Their work highlights the significant impact abuse has had on individuals and their families and the co-ordinated efforts that are needed in order to prevent it happening in the future.

New Zealand has international legal obligations to take all appropriate legislative, administrative, judicial, and other measures to protect individuals from abuse, including measures to prevent, identify, report, refer, investigate, and follow up incidents of abuse. New Zealand has ratified, or endorsed, a range of international treaties and other instruments which are relevant to the work of this inquiry. These include the Universal Declaration of Human Rights; the International Covenant on Civil and Political Rights; the International Convention on the Elimination of all Forms of Racial Discrimination; the Convention on the Rights of the Child; the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and its Optional Protocol; the Convention on the Rights of Persons with Disabilities; and the Declaration on the Rights of Indigenous Peoples. A number of other instruments and guidance materials are also relevant to the proper treatment of people in care.

Abuse of individuals in State care is inconsistent with applicable standards and principles of human rights law in New Zealand and internationally. It creates the need for prompt and impartial investigation and examination. When undertaken effectively, this can provide the basis for understanding, acknowledging, and responding to the harm caused and for ensuring lessons are learned for the future. Abuse of individuals in the care of faith-based institutions is also very serious and calls for a similarly robust and effective response to help prevent future abuse.

In light of these matters, a Royal Commission has been established into historical abuse in State care and in the care of faith-based institutions. In accordance with the Inquiries Act 2013 (the Act), the inquiry will operate independently, impartially, and fairly. The Department of Internal Affairs is the ‘relevant Department’ for the purposes of the Act.

The inquiry will give appropriate recognition to Māori interests, acknowledging the disproportionate representation of Māori, particularly in care. The inquiry will be underpinned by Te Tiriti o Waitangi/the Treaty of Waitangi and its principles, and will partner with Māori throughout the inquiry process.

Pacific people have also been disproportionately represented in care. The inquiry will recognise this, together with the status of Pacific people within an increasingly diverse New Zealand.

A number of vulnerable adults (for example, those with disabilities, mental illness, or both) also experienced abuse in care. The experiences of these people will also be a key focus of the inquiry.

The matter of public importance which the inquiry is directed to examine is the historical abuse of children, young persons, and vulnerable adults in State care and in the care of faith-based institutions.

The purpose of the inquiry is to identify, examine, and report on the matters in scope. For matters that require consideration of structural, systemic, or practical issues, the inquiry’s work will be informed not only by its own analysis and review but also by the feedback of victims/survivors and others who share their experiences. The matters in scope are:

As part of its interim or final reports, the inquiry will present comments, findings, and recommendations as described in clauses 31 and 32.

In considering the matters in scope, the inquiry shall give particular consideration to any people or groups where differential impact is evident.

Available guidance, both in New Zealand and internationally, recognises the general vulnerability of a person who is under the responsibility of another person or entity. Vulnerability may also arise in relation to a person’s nationality; race; ethnicity; religious belief; age; gender; gender identity; sexual orientation; or physical, intellectual, disability, or mental health status. The inquiry will give particular consideration to these vulnerabilities in the course of its work.

The inquiry may consider other matters that come to its notice in the course of its work, if it considers this would assist the inquiry in carrying out its functions and in delivering on its stated purpose.

For the avoidance of doubt, existing feedback, complaints, review, claims, settlement, or similar processes will continue to operate during the course of the inquiry’s work. As provided in clauses 31 and 32, the inquiry may make interim or final recommendations on improvements to these processes.

In addition to the matters that are in scope, the inquiry may also, at its discretion,—

To avoid doubt, the discretion in clause 15A means the inquiry may hear from people who—

For the purpose of the inquiry’s engagement with people currently in care, further guidance on principles and methods of work is provided in clauses 21 and 22.

Despite the discretion in clause 15A, the inquiry is not permitted to examine or make findings about current care settings and current frameworks to prevent and respond to abuse in care, including current legislation, policy, rules, standards, and practices.

In the course of its work, and when applying the definitions below, the inquiry will consider relevant domestic and international law, including international human rights law.

For the purpose of the inquiry, unless the context otherwise requires, the following definitions will apply:

The inquiry will discharge its functions in accordance with the provisions and principles of these terms of reference and the Act. Given the seriousness of the issues under consideration, the inquiry will operate with professionalism and integrity and in line with relevant domestic and international good practice guidance. The inquiry will implement policies, methods, processes, and procedures that enable it to conduct its work in a manner sensitive to the needs of individuals and their families, whānau, hapū, and iwi, or other supporters.

The inquiry will operate according to principles that include (but are not limited to)—

In addition to operating as required by clause 19, the inquiry must operate in a way that, to the extent practicable,—

To ensure a sound foundation for its work, the inquiry will implement clear policies and methods of work. These include, but are not limited to, policies or methods of work to—

The Government’s expectation is that—

Without limiting section 16 of the Act, and for the avoidance of doubt, there is no requirement or expectation that those who share their experience with the inquiry (whether currently in care or not) must first make use of feedback, complaints, review, claims, settlement, or similar processes. There is also no limitation on people engaging with the inquiry if they have already gone through these processes, are currently going through them, or may go through them in the future. This recognises that the inquiry and other processes exist for similar but distinct purposes, and that the inquiry may recommend improvements to these processes as part of its work.

The inquiry will establish an advisory group or groups comprising survivors of abuse in State care and in the care of faith-based institutions that, from time to time, will provide assistance to inquiry members. These groups will help the inquiry focus on victims and survivors by ensuring the voices of survivors are heard and recognised by the inquiry. At the inquiry’s request, the groups may be asked to provide feedback on matters the inquiry is considering. The advisory groups will not have a decision-making function. The inquiry will also, as appropriate, engage specialist advisors (for example, cultural advisors) to strengthen the inquiry’s work and fulfil the principles listed in clause 19(a) to (j).

The inquiry will establish and implement a detailed plan for the provision of counselling or other support to those who are affected by the issue of abuse in State care or abuse in the care of faith-based institutions. To ensure a victim/survivor-centred approach based on good practice and informed consent, the inquiry may make use of in-house counselling services or partnership or similar arrangements with other specialist providers. The inquiry will apply the dedicated funds that have been set aside for this purpose in a sensitive and appropriate manner.

In discharging its functions, the inquiry will operate effectively and efficiently and ensure transparency and accountability in its use of public funds.

The inquiry must—

The inquiry must—

The inquiry will map the nature and extent of abuse in State care and faith-based institutions, the impact of that abuse, and the factors that caused or contributed to the abuse. The principal question for this work will be to establish what happened during the relevant period and why.

The inquiry has the power to determine its own procedure, unless otherwise guided by the Act or these terms of reference. The inquiry may advance its work using a range of methods and settings. The inquiry will determine the appropriate way to manage its work. For example, the inquiry may determine whether all inquiry members need to be present in a particular setting, or whether work can proceed with a smaller number of inquiry members present. The inquiry will ensure its procedures are clear, readily available, and can be understood by the public and participants.

The inquiry will be based in New Zealand, where almost all of its work will be undertaken. The inquiry will use, wherever possible and appropriate, modern technology to communicate with participants or others who are based overseas (for example, by video link).

The inquiry’s approach to its analysis and reporting will be sensitive to the different contexts in which abuse occurred (for example, State care or faith-based institutions, the different groups of affected individuals, or abuse occurring at different points in time). The inquiry will reflect this in its work and reporting.

Without limiting sections 14(2) and (3) of the Act, after 31 July 2023 the inquiry may not request information from any person, or receive evidence or information from any person, if doing so may delay completion of the inquiry’s final report.

The inquiry may deliver one or more public statements on any aspect of its work.

The inquiry will report and make general comments, findings, or both, on—

The inquiry will report and make recommendations, which may concern legislation, policy, rules, standards, and practices, on—

The inquiry may make recommendations for changes to be made in the future to ensure that the factors that allowed abuse to occur during the relevant period in State care and in faith-based institutions do not persist.

The inquiry is to present the recommendations required by clause 32, and any recommendations under clause 32A, in writing to the appropriate Minister by 30 May 2024.

In accordance with the Act, the inquiry does not have the power to determine the civil, criminal, or disciplinary liability of any person. However, it may make findings of fault, that relevant standards have been breached, or both, and may make recommendations that further steps be taken to determine liability.

The inquiry will commence once this instrument comes into force and it may begin considering evidence from 3 January 2019. In its first phase, prior to its interim report in 2020, the inquiry will give particular (but not exclusive) consideration to abuse in State care.

The inquiry is to provide an interim report on its work, in writing, by 28 December 2020. The interim report will be presented in two parts:

The substantive interim report (see clause 35.1) is to be presented by the inquiry in writing to the Governor-General, who will provide the report to the appropriate Minister. As soon as practicable after receiving the report, the Minister will table the report in the House of Representatives. Once tabled, the inquiry may also publish the substantive interim report on its website.

The administrative interim report (see clause 35.2) is to be presented by the inquiry in writing to the appropriate Minister. As soon as practicable after receiving the report, the Minister will report to Cabinet to consider any revision to the inquiry’s budget and any other matters as appropriate. The administrative interim report will not be tabled in Parliament, but may be released by the Minister.

In addition to the two-part interim report referred to in clauses 35 to 37, the inquiry is to provide—

The inquiry is to present the recommendations on redress processes (see clause 37A(a)) in writing to the appropriate Minister by 1 October 2021.

The inquiry is to present the interim report on redress processes (see clause 37A(b)), which will include the recommendations on redress processes (see clause 37A(a)), in writing to the Governor-General by 1 December 2021. The Governor-General will provide the report to the appropriate Minister. As soon as practicable after receiving the report, the Minister will table the report in the House of Representatives. Once tabled, the inquiry may also publish the report on its website.

If the recommendations on redress processes included in the interim report on redress processes are not the same as the recommendations presented to the appropriate Minister under clause 37B, the inquiry must ensure that the interim report includes—

In addition to the two-part interim report referred to in clauses 35 to 37 and the recommendations and interim report referred to in clauses 37A to 37D, the inquiry may issue a further interim report, or reports. In these reports, the inquiry may also issue interim findings and recommendations. The process for tabling interim reports, and their later publication, will follow the same process as for the substantive interim report (see clause 36). Any further interim reports issued under this clause will also be issued in writing and to the Governor-General.

After 31 July 2023, the inquiry may not produce any interim report.

After 31 July 2023, the inquiry may not produce any research reports, case studies, or issues papers if doing so may delay completion of the final report.

The inquiry is to issue its final report, in writing and containing its final findings and recommendations on the matters in clauses 31 and 32, to the Governor-General by 26 June 2024. The process for tabling the final report will follow the process provided in section 12 of the Act. Once tabled in the House of Representatives, the final report may also be published on the inquiry’s website.

If any of the inquiry’s recommendations under clauses 32 and 32A made to the appropriate Minister by 30 May 2024 (see clause 32B) differ from the inquiry’s recommendations on those matters made in its final report to the Governor-General, the inquiry must ensure that the final report includes—

If the Minister considers that the final report includes information that, if disclosed, would be likely to prejudice the right to a fair trial, the Minister may make redactions to the report to exclude that information. However, if the Minister presents a redacted report, the Minister must table the complete report as soon as practicable after the information is no longer likely to prejudice the right to a fair trial.

The inquiry must take steps to ensure that its final report is easy for the public to access and understand.

The appropriate Minister may amend these terms of reference in accordance with the Act.