State care abuse not just 'historical', inquiry told

Monday, 19 August 2019

Survivor advocates speaking up after the first Royal Commission public hearing in June.

Abuse survivor advocates have urged a Royal Commission not to see state abuse in care as a purely 'historical' problem.

Some of the worst cases of abuse had occurred since 2010, lawyer Sonja Cooper told the commission on Monday.

She said she wanted the commission to hear from younger survivors, whose time in care might sit outside the inquiry's timeframe.

The inquiry into historical abuse in state care and faith-based institutions was primarily expected to examine cases of abuse from 1950 to 1999, although it had the discretion to investigate cases from before or after that time span.

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Cooper said the inquiry needed to focus not only on what had happened, but what needed to happen to break the cycle of abuse in state care.

She was speaking at the first procedural hearing in advance of October's date when the commission will start hearing evidence.

Her concerns were echoed by advocate Annette Sykes, who said the inquiry could not exist entirely independently of a Māori inquiry into Oranga Tamariki, which was under discussion at a hui in Hamilton on Monday.

She said Māoridom was in a 'state of emergency,' and urged the commission to pay close attention to Māori experiences in state care.

Lawyer Sonja Cooper is pushing for younger survivors to be heard by the commission.

Simon Mount QC, counsel assisting the commission, said the commission had a close interest in the hui.

Commissioners on Monday spoke about the steps being taken to get as much engagement as possible.

Commissioner Paul Gibson said the commission intended to hold hearings on marae and at community centres, where it was hoped people would feel more comfortable.

Mount said it was likely witnesses would be able to give evidence as part of a panel at the upcoming hearings.

Sykes expressed concerns about getting survivors to engage, especially men who had spent time in prison, and said specialist advocacy groups may need to be engaged.

She also recommended witnesses were able to submit written evidence in advance of hearings.

Commission chairman Sir Anand Satyanand confirmed the Salvation Army would join the Crown in agreeing to waive victims' secrecy obligations at Royal Commission hearings.

This meant witnesses can speak freely even if they had signed non-disclosure agreements with these bodies.

Earlier this month, Sir Anand announced he was stepping down.

The inquiry is expected to deliver its first report by the end of 2020, which its final recommendations due in 2023.