We carry out our work according to values and principles that ensure we fulfil the terms of reference.39 To do this we obtain input from survivors, protect the wellbeing of survivors, recognise Te Tiriti and its principles, work in partnership with iwi and Māori, gather the best possible information, work effectively and inclusively with different communities and communicate the results of our work widely. 

We gather evidence by hearing first-hand from survivors, by conducting investigations, interviewing witnesses, holding public hearings, facilitating kaupapa-based hui, wānanga and fono, holding roundtables and undertaking research and policy work. We gather information in a variety of ways, such as tikanga- based approaches and talanoa, to maximise the reach of the inquiry.

The foundations underpinning our work

Our strategic  pillars

We recognise eight pou, or strategic pillars drawn from the terms of reference, that set out key issues we must address in the course of our inquiry. They are:

• the survivor voice
• the circumstances of those going into care
• the nature and extent of abuse the impact of abuse
• systemic factors behind abuse redress and rehabilitation
• transforming how we as a nation care
• Te Tiriti o Waitangi/the Treaty of Waitangi.

Te Tiriti o Waitangi/the Treaty of Waitangi and its principles

Te Tiriti guaranteed Māori tino rangatiratanga over their lands, people and taonga. It is commonly accepted that the enduring effects of colonisation, including efforts by the State to assimilate Māori, have undermined the tino rangatiratanga of Māori.40 The taking of tamariki Māori into care has harmed not only individuals but also the tino rangatiratanga of the whānau, hapū, and iwi to which they belong.41

Te Tiriti is central to our work and one reason why we must partner with Māori. We recognise the principles of Te Tiriti as defined by the Waitangi Tribunal and the courts. We are guided by these principles, including the principles of partnership, equity, redress, active protection and autonomy, and the Tiriti guarantee of te tino rangatiratanga. We are also conscious of the findings of the Waitangi Tribunal, in several reports, that Te Tiriti was about establishing spheres of authority for Māori and Pākehā, and that the details of their relationship would be worked out over time and in good faith.42

We also note the significance of the human rights that apply to indigenous peoples and in particular the United Nations Declaration on the Rights of Indigenous Peoples, which guarantees indigenous people’s fundamental human rights, including the right to self-determination.

International and domestic human rights

The large body of international human rights standards and commentary guides our work, including the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural 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, and the Convention on the Rights of Persons with Disabilities. New Zealand has also enacted the Bill of Rights Act 1990 to give effect to its obligations under the International Covenant on Civil and Political Rights.

Our values

We have adopted four key values to guide the way we work:

Aroha: We demonstrate care, kindness, compassion and empathy, acknowledging the mana and voice of individuals with whom we interact, as well as enhancing their dignity and self-esteem.

Transparency: We explain what we are doing, balancing appropriately the need for openness against the need for confidentiality. We make visible what was previously invisible. We draw attention to lesser-known survivors of abuse and previously unacknowledged forms of abuse and neglect. We make sure those affected know what progress is being made.

Fairness and balance: We aspire to the highest standards of fairness and balance through a human rights approach, non- discrimination, accountability and empowerment. We facilitate the meaningful participation of survivors as well as those with responsibility for their care.

Independence and determination: We will investigate all experiences, perspectives, practices and frameworks raised by the terms of reference independently and with thoroughness and vigour.

Our principles and methods of work

The terms of reference set out principles and methods we must follow in our work, many of which are drawn from human rights principles. They include to:

Act independently

Our inquiry is entirely independent of the Government and faith-based institutions. This independence is protected by the Inquiries Act 2013 and is essential because we are examining the actions of current and past governments, faith- based institutions and the responsible individuals within them. The funding set aside by the Government for our work comes through the Department of Internal Affairs, but the department has no involvement in the substance of our work. We set our own procedures and reach our own conclusions.

Focus on survivors and avoid harm

We have designed our processes to be focused on survivors and to recognise and respond to the effects of trauma. We prioritise survivor wellbeing – and the avoidance of harm – in everything we do, and our survivor advisory group helps ensure survivor input into the way we approach our work.

Work in partnership with iwi and Māori

We work hard to develop partnerships with iwi and Māori and have a team dedicated to this task, although all teams are responsible for ensuring they work in partnership with Māori. This is a core part of recognising Te Tiriti and its principles in our work. We also recently established Te Taumata, a group of Māori leaders, to offer advice on Te Tiriti-related activities and tikanga approaches to our work. We are engaging with iwi and Māori and Māori non-government organisations and will hold kaupapa-based hui on matters of relevance to the inquiry.

Work inclusively with Pacific people

Pacific people are also a focus of our work. We are aware that many Pacific people are not comfortable talking publicly about abuse. Many in Pacific communities feel that abuse and its disclosure bring shame to survivors and their families, especially when respected elders and religious leaders are implicated. We provide a culturally safe setting that acknowledges this fact, and also give recognition to Pacific values such as family respect, reciprocity, love, spirituality and the importance of the collective.

We acknowledge the cultural differences between the communities of the various Pacific nations, nurture relationships according to those differences, and acknowledge those who have come forward to talk about their experiences of abuse.

Involve vulnerable adults and people with disabilities

We work hard to allow the meaningful participation of all disabled people who wish to engage with us, including people with a learning disability, a physical or sensory impairment (including people who are hard of hearing) or a mental health issue.

We aim to ensure all disabled people have supports specific to their impairment so they can share their experiences of abuse. We also ensure our informed consent processes are accessible and inclusive. More than that, we make every effort to establish respectful relationship-based engagement with disabled survivors and offer them comprehensive and inclusive support.

In our engagement with disabled people, we also reach out to their families, whānau and wider community. This includes staff of institutions who witnessed and tried to prevent abuse.

In our engagement with the Deaf community, including survivors of abuse, we acknowledge the pride many members of the community have in their language, New Zealand Sign Language, and in the unique Deaf community culture. New Zealand Sign Language interpreters are available for private sessions, and there has been live New Zealand Sign Language interpretation, as well as live transcription, of all public hearings.

Use fair and reasonable processes that are not overly legalistic

We have designed our processes to be fair and reasonable and to be as flexible and straightforward as possible to minimise the need for legal support. We conduct public hearings in a way that avoids the adversarial approach typically found in courts. We tightly control the way hearings are run, so that, for example, participants such as the Crown, faith-based institutions or advocacy groups need our permission to be represented and to ask questions. In most cases, only our lawyers and commissioners will ask questions of survivors who are appearing as witnesses, and not lawyers for the Crown or care institutions.

We ensure our procedures are culturally sensitive and appropriate. We now have our own purpose-built public hearing space in Auckland. Its design and overall appearance are intended to make survivors feel as relaxed and supported as possible. We will also hold hearings on marae.

Operate efficiently

This is the country’s biggest inquiry because of the number of people affected, the period under investigation and the seriousness of the issues. It is also large in terms of cost and duration. In designing and running the inquiry, it is our responsibility to avoid unnecessary cost and act effectively and efficiently. We are accountable for our use of public funds, and we are always looking for ways to work more efficiently while still complying with our core principles and terms of reference.

Share information with other inquiries

The terms of reference explicitly allow us to receive information and evidence from other local and overseas inquiries examining matters relevant to our work.43 These may include, for example, the Waitangi Tribunal’s inquiry into Oranga Tamariki44 and the inquiry by the Whānau Ora Commissioning Agency into Oranga Tamariki,45 as well as recent investigations by the Children’s Commissioner46 and the Office of the Ombudsman47 into the removal of babies from their parents or whānau, and the recent Government Inquiry into Mental Health and Addiction.48

Overseas, recent inquiries on aspects of abuse in care have been, or are being, carried out in Australia,49 Canada,50 England and Wales,51 Scotland,52 Northern Ireland,53 and the Republic of Ireland.54 Material from these sources allows us to be more efficient as an inquiry since we can learn from their experiences and benefit from the insights that led to their findings and recommendations. We are also able to share information with other inquiries, which we might do if, for example, it would avoid unnecessary trauma to individuals.55

In deciding whether to obtain or share material, we consider:

• the relevance of the subject matter to our own terms of reference
• whether sharing will avoid unnecessary trauma to survivors
• the confidentiality or sensitivity of any information to be shared, and what protections can be put in place to protect confidentiality56
• whether sharing material will increase our efficiency
• the features of the other inquiry, including what information it is legally allowed to disclose and by what process, and whether informal or formal sharing is appropriate
• the requirement for us to reach our own conclusions and findings
• the location of the  material, the quality of the records and reliability of the information they contain, including whether the evidence has been tested. 

Form relationships with key organisations

We have obtained the formal commitment of the Crown and some large faith-based organisations to support the inquiry. We also have formal and informal relationships with other organisations that can help us carry out our work. We have, for example, a memorandum of understanding with the Department of Corrections governing our interactions with survivors in prison. It deals with the wellbeing and privacy of survivors in prison, security matters, how we conduct private sessions and witness interviews with survivors in prison, and how they can attend public hearings to give evidence where required.57

We also have a memorandum of understanding with New Zealand Police, which deals with, among other things, when we will make referrals to investigate possible criminal conduct.58 We have a further memorandum with VOYCE Whakarongo Mai, an advocacy and support organisation connected with people currently in State care, setting out how we will work together.59

Our core processes for gathering information and evidence

Survivor accounts

Survivors who want to share their experiences with us can choose to do so in several ways. One is by meeting with a commissioner in a private session. We go to considerable effort to ensure survivors are supported and ready for their private session because many find it an acutely distressing experience to recount what happened to them. A facilitator is present to make sure survivors have everything they need,  and a wellbeing support person is available as required. There is no need for survivors participating in private sessions to have a lawyer, but those who wish to have legal advice before their session can talk to a legal assistance panel lawyer free of charge.

By the end of October 2020, we had held more than 550 private sessions in 27 towns and cities and in seven prisons. We have had online private sessions with survivors in New Zealand and overseas, particularly in Australia, and we expect to continue with these. We will expand this to survivors in the Pacific if there is a demand.

We expect to hold about 2,700 private sessions by the time the inquiry ends. We held all sessions in person before COVID-19, but some are now conducted online. We will continue to offer online sessions if a survivor prefers, or if they are necessary to keep staff and survivors safe from COVID-19 risks.

Group sessions are available for survivors who have undergone a common experience of abuse, for example in the same institution, as a family (including several generations of the same family) or at the hand of the same abuser, and who feel more comfortable sharing their experiences together. In August 2020, we held three group sessions in Christchurch.

Survivors may give us written accounts of their experiences rather than attend private sessions. Literacy support is available to survivors to assist in completing a written account. We have received around 20 written accounts so far and expect to receive as many as 500 such accounts by the time the inquiry ends.

We are careful to get informed consent from survivors participating in private and group sessions, and providing written accounts. This includes informing them how their information will be used and stored, that they will not be identified, that it is up to them what information they wish to share with the inquiry, and that they can change their mind about participating at any time before the information is used.

We encourage survivors to register with us when they first make contact so we can put wellbeing measures in place for them and also, if they are interested, so we can send them updates and newsletters about what we are doing. By the end of October 2020, 1,923 survivors had registered with us, and we expect almost 10,000 to eventually do so. Based on our experience to date, we expect about a third of registered survivors will want to either have a private session or give us a written account of their abuse.

Survivor accounts serve two crucial functions. One is to give us a clearer picture of abuse and its impact in survivors’ own words. First and foremost, we use the information gathered in this way in our investigations and in the topics we look at in hearings, research, roundtables, wānanga, kaupapa-based hui and fono.

The other function is to provide an opportunity for survivors to open up about their abuse, sometimes for the first time. For some, this can have significant therapeutic benefits. As one survivor observed, the fact someone in a position of authority actually listened to their life’s story helped enormously in putting the abuse behind them:60

“I felt after the meeting that I had been reborn, that I finally had a life. I feel like I have been cleansed. This experience has given me the courage and motivation to get on with my life and take opportunities I have never considered.”

Another survivor who took part in a private session also described the transformative power of telling someone about the abuse:61

“I suffered [sexual abuse] from my teacher when I was seven years old. I feel this experience will help me… to leave behind that trauma, which has affected many aspects of my life for over 65 years. Because the perpetrator threatened to kill my mother and myself if I told anyone, I never told my mother what he did to me............................................ Although I never had the chance to appear before a court of law, I have had some kind of substitute justice by going through [this] process.”

We aim to provide an experience that is as positive and supportive as possible. The fact survivors have suffered trauma means we must take special care to ensure they can describe their experiences without undue distress. To that end, we have carefully developed processes covering initial contact, pre-session preparations, the session itself and post-session follow-up.

We speak to all survivors beforehand and send out an information pack about how private sessions work, or a comprehensive booklet to assist with a written account. We ask if they have any preferences about the gender or ethnicity of the commissioner they will talk to, and whether they have any special requirements. Photos of the commissioner and facilitator who will be present are sent out ahead of time.

The location for face-to-face private sessions is selected to ensure a safe, wheelchair-accessible setting. We try not to choose locations near churches, schools or other places that might trigger memories of abuse. We ensure the room is soundproof and has a neutral décor. Typically, we have held most of our private sessions in hotels and motels, although in future we will also hold sessions in our purpose-built space in Auckland, and we may hold sessions where appropriate on marae.

For those taking part in an online session, a facilitator calls beforehand to make sure the survivor is comfortable with the technology set-up, and that the lighting and positioning are acceptable. Sessions are informal and survivors choose how much to share and in what way. We respect any requests to include tikanga practices, such as starting a session with a karakia if the survivor wishes. We are developing processes to give survivors the choice to share their experience in te reo Māori. Commissioners are there to listen and learn. We audio- record the private sessions with the survivors’ consent and give a copy of the transcript to those survivors who request it.

Survivors can bring support people to their private session if they wish. In principle, there is no limit on the numbers of supporters. Wellbeing advisors – typically social workers, therapists or mental health nurses – are also available during private sessions. Funded legal assistance is available for those who, for example, may want advice about the implications of disclosing their own offending during a session.

About 15 per cent of registered survivors are in prison. They can contact us through an 0800 number that is not monitored or recorded by prison staff. Similarly, mail between a survivor in prison and the inquiry is not read. (We have a memorandum of understanding with the Department of Corrections, setting out measures to ensure the privacy and confidentiality of communications between survivors in prison and us.62) To date, we have held 37 private sessions at seven of the country’s 18 prisons. The survivors in prison have come from all security classifications.

At the end of each private session, we offer survivors blank postcards, called Messages to Aotearoa New Zealand, to fill out as they wish. The messages and thoughts expressed on them offer a compelling, often painful insight into the hearts and present-day lives of survivors. Their contents are as varied as the individuals who write them. We publish these anonymous reflections on our website and will do so for the remainder of the inquiry. They may be on display at our public hearings in Auckland and be included in a commemorative book when the inquiry ends.

Investigations and public hearings

We have divided our inquiry into a series of investigations to gather and test the information required to respond to the terms of reference.63 The first nine investigations are now under way. Five are examining abuse in specific settings; psychiatric institutions, State-run children’s residential care, disability care, and Catholic and Anglican Church institutions. Three are examining abuse and its impact on specific groups; Māori, Pacific people and disabled people. The ninth is looking at redress available to survivors. We estimate up to 20 investigations will be necessary to examine all the matters set out in the terms of reference.

Each investigation begins with a provisional scope document detailing what we will examine. These are available on our website. We may modify them in response to consultation, submissions from interested parties, or as further information becomes available. To gather information, our investigations:

• review material, such as previous inquiries or research reports
• interview witnesses
• analyse information from survivor accounts
• seek witness statements or other documents from participants
• compel documents from individuals or institutions for examination
• carry out research.

To date, we have issued close to 100 information requests to the Crown and faith-based institutions and received more than 370,000 documents as part of our investigations. Each investigation team analyses this information to assist commissioners. To do this, we have set up specialist information and evidence management systems to ensure we can securely and comprehensively examine all relevant material.

Investigation teams work with witnesses or their representatives to prepare statements, which are formal evidence to the inquiry, and which may form the basis of our findings about what happened and why. The teams review survivor accounts and documents received from the Crown and institutions to identify people who may be able to provide witness statements on matters relevant to a case study or topic of investigation. In some cases, the evidence may be heard and tested in a public hearing. To date, we have obtained statements from more than 100 witnesses.

Investigations also involve public hearings and other public processes, including kaupapa-based hui, fono, roundtables and wānanga. Most investigations will include at least one public hearing involving an examination of a particular topic or case study relevant to the investigation. In some cases, we will publish a report after a case study, in addition to an overall investigation report.

At public hearings, we call witnesses to give evidence on oath or affirmation about what happened, for example in a particular institution or agency, to address a particular issue, topic or kaupapa relevant to the investigation, or to respond to allegations of wrongdoing. Commissioners and lawyers can question witnesses, although in general only our own lawyers will question survivors, not lawyers for the institutions under investigation.

Proceedings will usually be in public and in most cases streamed live, but if the evidence of a witness is particularly sensitive, the inquiry may decide to hear the evidence in a closed sitting, with only the commissioners and other permitted people present.

Public hearings:

• give survivors a means of talking publicly about their abuse and its impact on them and others
• enable witnesses of abuse to describe publicly what they saw or heard
• allow witnesses to be questioned from a range of perspectives
• enable individuals and institutions to respond to allegations of wrongdoing in a public forum, thereby helping us ensure fair treatment of everyone connected with our activities.

The goal is that the public, survivors and others can see, hear and understand our work, and, where appropriate, individuals and institutions can be publicly held to account for their actions.

By the end of 2020, we expect to have held about 45 days of public hearings and heard evidence from about 80 witnesses, including survivors, academic and legal experts and government officials.

We also hold public meetings, including kaupapa-based hui and fono, and will hold roundtables and wānanga. These offer flexible and culturally appropriate ways for us to explore particular topics, including legal and policy issues, and test recommendations with victims and survivors, their advocates, academics, government and faith-based representatives and other experts. Kaupapa-based hui and wānanga allow for the investigation and research teams to gather  information from Māori communities in a way that is consistent with their tino rangatiratanga and ngā tikanga Māori.

At the end of each investigation, we will produce a public report outlining what we have found. All these reports will feed into our final report.

Investigation teams are led by a senior lawyer with relevant expertise, supported by a liaison commissioner. The multi- disciplinary teams comprise investigators, lawyers, researchers and policy analysts. They work closely with our wellbeing, engagement and survivor accounts teams. Teams may seek advice and help from the survivor advisory group, Te Taumata, or specialist advisors. The exact composition of each team depends on the subject matter it examines.

All investigation work is overseen by a steering committee containing two commissioners, senior counsel and relevant areas of the inquiry staff.

Our investigations rely heavily on the co-operation and willingness of witnesses, particularly survivor witnesses, who speak to us. We provide wellbeing support to any survivor helping with our investigations. There is also funded legal assistance, from a panel of approved independent lawyers, available to those involved in our investigations who meet published criteria.64

We have developed criteria, published on our website, about how we select areas for investigations. In summary, these are that the area in question:

• is part of the terms of reference
• addresses a subject or topic identified in private sessions, other investigations, written accounts or research
• has been the subject of concerns from
• survivors, survivor advocates and/or the public
• is likely to lead to meaningful recommendations.

Our nine initial investigations are among the biggest and most complex we are likely to carry out and were chosen first because of the time they will take to complete.

Within each investigation, we may identify certain institutions, settings, kaupapa, themes, systemic issues or groups of people that require closer attention. These areas, or case studies, may form the basis of public hearings. In deciding which of these case studies to examine, we apply the same criteria just mentioned, but we also consider whether a proposed case study:

• will contribute to the investigation of a diverse range of State and faith-based care settings and subjects
• involves abuse allegations that are serious, numerous and widespread in nature, or appear to be representative of the abuse that took place in that type of setting
• appears to involve a State or faith-based institution’s
• facilitation of abuse or failure to prevent abuse
• is likely to have enough evidence, including witnesses and documentary material, available to enable a close examination of the abuse
• may be required in order to achieve accountability for past abuse
• will contribute to the recognition and representation of Māori based on Te Tiriti and its principles
• will contribute to a diverse range of investigations in terms of ethnicity, gender, social
• and cultural backgrounds and geographic spread
• will contribute to recognition and representation of disproportionately affected groups, such as Māori, Pacific people and those with disabilities
• will help ensure sufficient representation and participation of people with disabilities, people with mental illness, women, girls and those from the LGBTQIA+/rainbow community.

We have two initial case studies looking at particular institutions: the child and adolescent unit at Lake Alice Hospital (which will form part of our investigation into abuse in psychiatric care) and Marylands School in Christchurch (which will form part of our investigation into abuse involving the Catholic Church). We also have three case studies looking at particular kaupapa as part of our Māori experiences investigation. These cover Māori experiences of intergenerational abuse in care, experiences of racism in State and faith-based care, and Māori contemporary experiences of abuse in care.

Research and policy

We carry out and commission research to help with our investigation work and to report on broader issues relevant to the terms of reference. To date, we have been reviewing literature about abuse, studies and records from the past 70 years, as well as conducting analysis of new information we have received, such as survivor accounts. We also plan to gather information through roundtables, wānanga, hui, fono and consultation on issues or options papers, and carry out original research.65

Research work to date includes an analysis of information received through survivor accounts,66 the first stages of a project to estimate the number of people who were in care and might have been abused between 1950 and today,67 and an estimate of the economic impact of abuse in care.68 We are producing reviews of New Zealand and international literature and overseas inquiries on key topics, including:

• the nature of abuse in care
• the impact of abuse in care
• the causes and contributing factors of abuse in care
• the circumstances of going into care
• the prevalence of abuse in care.

As well as research, we carry out policy analysis. We are required by the terms of reference to make recommendations on frameworks for preventing and responding to abuse in care and providing redress and rehabilitation.69 Policy work is required both to help us to understand the adequacy of past and present frameworks to prevent and respond to abuse, and to develop meaningful, practical recommendations for changes to legislation, policy, processes, rules, standards and practices.

Our policy team provides analysis and advice to help establish policy contexts and identify common themes, policy objectives, policy questions and options for change. Policy analysts work with each investigation team, key interested parties and other inquiries to test developing policy recommendations.

In addition to supporting individual investigations, our policy team will also consider inquiry-wide issues such as institutional racism, intergenerational harm, the impact of colonisation, mandatory reporting, the role of digital governance and information- sharing in preventing abuse, and ableism.70

A steering committee consisting of two commissioners, senior counsel, senior research and policy representatives and other representatives from the inquiry staff oversees the research and policy work programme, project plans and resourcing. It is responsible for making recommendations to commissioners about the research and policy work programme.

Partnerships and engagement

Survivor advisory group

We have established a group comprising survivors of abuse in State and faith-based care who provide advice on how we operate – in particular how we engage with and support different groups of survivors – and also on areas we are researching or investigating.71 The group went through a reorganisation in early 2020 to improve its effectiveness. Since April 2020, it has operated with terms of reference setting out membership and methods of operation.

This group helps ensure our work is informed by those with lived experience of abuse in care. We select members based on their skills and experience, and with the aim of having a cross- section of experiences relevant to the terms of reference. The group is supported by a full-time staff member. Wellbeing support is available to all members. We have consulted individual members as well as the whole group at different times.

Māori partnership and engagement

We work in partnership with whānau, hapū, iwi and Māori organisations to recognise both the need for our work to be underpinned by Te Tiriti and its principles, and the significant impact the care system has had on tamariki Māori and Māori communities over many generations. We have a team focused solely on developing effective partnerships, and this is being achieved by:

• engaging with iwi and national Māori entities
• working with Māori non- government organisations to provide kaupapa-based support for Māori survivors
• running kaupapa-based hui and wānanga with Māori with care experience, experts and practitioners to gather information relevant to our
• investigations and other work.

We have also recently invited respected Māori leaders to form a group to work with us, known as Te Taumata. It will provide strategic advice to commissioners to ensure we have an effective Te Tiriti-based approach in our work. It will also aim to strengthen relationships with Māori to promote Māori engagement with our work and provides guidance about tikanga to be observed during our activities. Finally, members will provide guidance to ensure information-gathering processes and hearing evidence procedures reflect the fact Māori have been – and continue to be – overrepresented in care statistics.

More generally, all our various teams build a Māori partnership approach into their work and take steps to encourage engagement with, and the participation of, Māori. For example, we:

• make te reo Māori interpretation available at public hearings, recognise mana whenua and observe tikanga practices at public hearings
• ensure appointments to investigation teams include Māori
• present documents where possible in English and te reo Māori
• advertise our work in English and te reo Māori on iwi radio stations.

We consult Māori on research topics and involve Māori in developing policy proposals. We are looking at further means of incorporating tikanga into the way we operate, including by holding public hearings at marae, and ensuring processes are in place for survivors to give evidence at public hearings in te reo Māori and tikanga-appropriate ways. We also focus our recruitment to ensure Māori representation.

Wellbeing support

We have a dedicated team of people who work with approved providers of wellbeing services to support the health, safety and security of survivors who engage with us. We have gradually refined and improved these processes. At the outset, we check in with all survivors who contact us to ensure they feel in a safe space to share their experiences with us. Each is assigned an inquiry staff member who is that person’s direct point of contact for anything related to the inquiry.

We take a trauma-informed approach, and training is available to all staff to understand how to work with survivors. This means listening to survivors and recognising symptoms of trauma, communicating clearly, and designing approaches to meet survivors’ needs and give survivors choice about how they interact with us and what support they receive. We recognise Māori frameworks of wellbeing and support their use, and also recognise other cultural frameworks and support relevant to individual survivors.

We offer all survivors free wellbeing support before and after their involvement with the inquiry. This can be in the form of short-term support using in-house mental health professionals or approved external providers. For longer-term support, we can make referrals to other providers.

We call registered survivors to check on their wellbeing and help them prepare for their private sessions, written account, witness statement and/or attendance at public hearings (for which we provide support on the day). We can also arrange follow-up support in their community.

Wellbeing staff work with our contact centre staff or others to discuss survivors’ needs and, if necessary, help with the staff-survivor relationship. Some survivors can require a great deal of support to help them prepare to share their experiences with us. Others require very little. Where appropriate, we also work alongside survivors’ own counsellors and support networks.

For survivors in prison, we offer support in their preparations for a private session. We can arrange face-to-face or telephone counselling and referrals to other mental health and wellbeing service providers. We can also connect survivors in prison with advocacy and support services run inside prisons. Since prisoners do not always have easy access to support from their community, we take particular care with the wellbeing of this group of survivors.

Community engagement

We need the community’s help to gather all the information necessary to our inquiry, and that means getting out into the community to explain who we are, what we do and how we can help survivors and others. In addition to our team focused on Māori partnerships and engagement, we have other teams engaging with groups such as Pacific people, and people with disabilities, including a mental illness – all of whom have also frequently been placed in care and abused.

It is difficult to reach some survivors, such as those with a learning disability, neurodiversity or cognitive impairment, homeless people, or those with mental health issues. In reaching out to many of these individuals, we are conscious that conventional engagement strategies are likely to be too brief or impersonal. It takes considerable sensitivity – and time – to build a trusting relationship with such survivors. Significantly, it also means building a strong relationship with the communities in which these individuals live.

We establish these relationships by engaging with community organisations, support groups and networks, focusing particularly on those with the greatest potential to connect us with survivors, such as Citizen’s Advice Bureau and Community Law.

We also encourage survivors to come forward and share their experiences and we make sure survivors have any necessary supports – including supports specific to their impairment – when they appear in public hearings or give accounts in private sessions. We ensure those with disabilities are in a position to give informed consent before recounting their experiences.

Our initial focus has been on reaching Pacific people, disabled people (especially those with learning disabilities), the Deaf community and homeless people. Engagement efforts have included:

• developing formal and informal relationships with organisations and communities
• holding hui and fono72
• reaching out to families and the wider community, including staff, who may know of or have witnessed abuse in disability care settings
• making New Zealand Sign Language interpreters available for private sessions and public hearings (along with live transcription at these hearings)
• releasing videos for Deaf people on what we do, and how deaf people can be involved.73

We also plan to stream question- and-answer sessions and face- to-face meetings live, with an emphasis on reaching those with mental health issues, the LGBTQIA+ community, young people, seniors and women.

Communications

We have a communications team whose role is to:

• explain our role to the public and provide progress updates on our work
• encourage survivors and others to come forward and participate in our
• investigations, public hearings, private sessions and other activities
• encourage survivors to spread the word about their experience of engaging with us, which can help build confidence in our activities
• build understanding of, and trust in, our work among key interested parties.

Our key channel is the news media, although we also use social media, our website and promotional material to reach different audiences. We liaise with journalists and others to ensure they have the information they need to produce informed, accurate content. We actively work with media and provide media releases to profile our work and encourage survivors to register with us. We also facilitate media access to our public hearings and other public proceedings. Thousands of people have watched each of our hearings live.

We have a social media presence on Facebook to reach survivors and their circle of family, whānau and other support people. It also provides a useful platform to help the public understand the nature and extent of historical abuse suffered in care. By sharing survivor videos, images and information, we reach on average more than 33,000 people a month. Each of our posts receives on average 150 responses.

Our website www.abuseincare.org. nz is aimed first and foremost at survivors, although it is also the primary window into our work for interested parties and the public. It went live in mid-2019 and was developed with the support of survivors to make it easier for them to get the information they need. It is accessible and easy to read on mobile devices. It has information for survivors about all aspects of our work and how to get involved.

The website also has a set of frequently asked questions, which expand on key parts of the terms of reference. The terms of reference can be read in full (18 pages), in abridged plain English form (two pages), in Te Reo Māori, in New Zealand Sign Language and in six other languages. A selection of survivor videos is also available on the website.

We send a monthly newsletter, Pānui, to every registered  survivor, along with key interested parties and others who have expressed interest in receiving it. The newsletter is widely shared via our website, Facebook page and other social media channels. A hard copy is also posted to those without email addresses or in prison.

Next: Part three - What we have learned about abuse in care