Amendment paper Bill enacted Released 07 May 2026 | Hon Erica Stanford

Redress System for Abuse in Care Bill - Amendment paper No 581

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Contents

Explanatory note

No 581

House of Representatives

Amendment Paper

Redress System for Abuse in Care Bill

Proposed amendments

Hon Erica Stanford, in Committee, to move the following amendments:

Clause 13

In clause 13, replace “An applicant” (page 8, line 22) with “A person who applies”.

In clause 13(a), replace “applicant” (page 8, line 24) with “person”.

Clause 14

In clause 14, replace “an applicant” (page 8, line 31) with “a person who applies”.

In clause 14, replace “the applicant” (page 8, line 33) with “the person”.

New clauses 21A to 21D

After clause 21 (page 13, after line 3), insert:

Applicants with terminal illness

21A Applicant with terminal illness may apply to redress officer for exemption

(1)

This section applies to a person who—

(a)

has applied for financial redress under a redress scheme; and

(b)

suffers from a terminal illness that is likely to end the person’s life within 6 months.

(2)

The person may apply to the redress officer for an exemption from 1 or more of the provisions of this Act in respect of the application.

21B Redress officer may exempt applicant from provisions of Act

(1)

This section applies if the redress officer has reasonable grounds to believe that a person who has applied for financial redress suffers from a terminal illness that is likely to end the person’s life within 6 months.

(2)

The redress officer may, if a criminal record check has not been undertaken in respect of the person under section 15(1), exempt the person from—

(a)

section 9 (presumption against financial redress for serious violent or sexual offenders); and

(b)

sections 13 to 21 (process for applying for financial redress); and

(3)

The redress officer may, if a criminal record check has been undertaken in respect of the person under section 15(1) and the redress agency considers that the person is a serious violent or sexual offender under section 16, exempt the person from—

(a)

section 9 (presumption against financial redress for serious violent or sexual offenders); and

(b)

sections 17 to 21 (process for applying for financial redress if redress agency considers person a serious violent or sexual offender).

(4)

Before granting an exemption under subsection (3), the redress officer must be satisfied that—

(a)

it is unlikely that a determination under section 19 will be made before the person’s death; and

(b)

the granting of an exemption to the person would not bring the redress scheme into disrepute or adversely affect public confidence in the redress scheme.

21C Procedure for exemptions

(1)

Before granting an exemption under section 21B, the redress officer must give the person the opportunity to—

(a)

put forward any information that may be relevant to the granting of the exemption; and

(b)

make submissions.

(2)

The redress officer must notify the person in writing of the decision to grant an exemption or decline to grant an exemption, including reasons for the decision.

Continuation of applications for financial redress following death of applicant

21D Continuation of applications for financial redress after death of applicant

(1)

This section applies if a person who has applied for financial redress under a redress scheme dies—

(a)

before a criminal record check is undertaken in respect of the person under section 15(1); or

(b)

after a redress agency has given notice under section 16 that it considers the person is a serious violent or sexual offender but before the redress officer makes a determination under section 19 in respect of the person.

(2)

The application for financial redress may be continued by—

(a)

the executors or administrators of the person’s estate; or

(b)

if probate or letters of administration have not been, and will not be, applied for in respect of the person’s estate, a family member or other person that the redress agency considers suitable to represent the beneficiaries of the estate.

(3)

The person (or persons) referred to in subsection (2) may do any of the following things if that thing was not done by the person who has applied for financial redress:

(a)

consent to a criminal record check being undertaken by the redress agency in relation to the person who has applied for financial redress under section 13(a):

(b)

make a declaration under section 13(b) in respect of the person who has applied for financial redress:

(c)

request that the redress officer makes a determination under section 17(1) in respect of the person who has applied for financial redress:

(d)

consent to the information listed in section 17(2)(a) to (c) being collected and considered by the redress officer in respect of the person who has applied for financial redress:

(e)

consent to the redress officer obtaining under section 18A(1) any other information that a court, the Department of Corrections, or the Parole Board holds in respect of the person who has applied for financial redress that the redress officer considers may be relevant to making a determination:

(f)

put forward any information that may be relevant to a determination or make submissions under section 20C.

(4)

The person (or persons) referred to in subsection (2) may not reapply for financial redress under section 21.

Explanatory note

This Amendment Paper amends the Redress System for Abuse in Care Bill (the Bill) to—

provide for the redress officer to exempt a person who has applied for financial redress who suffers from a terminal illness that is likely to end the person’s life within 6 months from certain provisions of the Bill; and
set out how a claim for financial redress that started before a person who has applied for financial redress dies can be continued by the applicant’s executors, administrators, or a suitable family member.

The Amendment Paper also updates some terminology in clauses 13 and 14 of the Bill for consistency with the rest of the Bill.

Departmental disclosure statement

The Crown Response Office is required to prepare a disclosure statement to assist with the scrutiny of this Amendment Paper. The disclosure statement provides access to information about any material policy changes to the Bill and identifies any new significant or unusual legislative features of the Bill as amended.

A copy of the statement can be found at http://legislation.govt.nz/disclosure.aspx?type=bill&subtype=government&year=2026&no=581

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Redress System for Abuse in Care Bill - Amendment paper No 581