Chapter 7: Redress for survivors who were at the Kimberley Centre
237. As set out in more detail in the Inquiry’s redress report, He Purapura Ora, he Māra Tipu: From Redress to Puretumu Torowhānui, survivors could make a redress claim through the responsible State agencies’ out-of-court claims process. The redress available varied between agencies but could include an apology, a financial payment, a contribution towards legal aid debt and counselling. However, as set out in that report, many survivors who did use such processes found them to be slow, difficult to navigate and inconsistent in terms of what they offered.[277]
238. The Inquiry has heard that most Kimberley Centre survivors have not received adequate redress for the abuse and neglect they suffered. Of the survivors that the Inquiry has heard from, most have not sought redress, and some have difficulty even contemplating their right to redress.[278] Many will not have known that they could seek redress from the State.
239. European survivor Sir Robert Martin did not make a civil claim. He passed away earlier this year without receiving any form of redress. He knew of other abuse survivors who had made claims, including some who took a class action in relation to Lake Alice. “Some years ago I was told about some lawyers I could go to but I didn’t as I thought this would be too hard. I think it is difficult for people with disabilities to know how to make a claim.”[279] Sir Robert stated that if he was going to make a claim he would have claimed for the medication and sexual abuse he suffered, which should never have happened.[280] New Zealand European survivor Ross Hamilton Clark has not made a report to NZ Police, a claim to ACC, or sought compensation from the government for the abuse he suffered at the Kimberley Centre.[281]
240. New Zealand European survivor Mr EI spent time in care in a number of State institutions (Hokio Beach School, the Kimberley Centre, and Epuni Boys’ Home) and sought redress from the Ministry of Social Development and ACC. After four years, he received a financial payout and letter of apology from the Ministry of Social Development.[282] ACC initially declined his sensitive claim and he had to appeal and fight for it to be accepted. The claim was ultimately accepted but he received only $3,000, plus a quarterly payment of $300. He viewed the amount he received as pittance for 50 years of suffering.[283] More recently, in 2022, he filed further claims with the Ministry of Health and Ministry of Education. He was advised that it would take around three years before each claim is considered, however his claim against the Ministry of Health was settled in November 2022.
Footnotes
[277] Royal Commission of Inquiry into Abuse in Care, He Purapura Ora, he Māra Tipu: From Redress to Puretumu Torowhānui, Volume 1 (2021, page 144).
[278] Mirfin-Veitch, B, Tikao, K, Asaka, U, Tuisaula, E, Stace, H, Watene, FR & Frawley, P, Tell me about you: A life story approach to understanding disabled people’s experiences in care (1950–1999), (Donald Beasley Institute, 2022, page 16).
[279] Witness statement of Sir Robert Martin (17 October 2019, para 68).
[280] Witness statement of Sir Robert Martin (17 October 2019, pages 22–23).
[281] Witness statement of Ross Hamilton Clark (15 February 2022, page 3, para 3.1).
[282] Transcript of evidence of Mr EI at the Inquiry’s Ūhia te Māramatanga Disability, Deaf and Mental Health Institutional Care Hearing (Royal Commission of Inquiry into Abuse in Care, 11 July 2022, page 61).
[283] Witness statement of Mr EI (20 February 2021, paras 4.5–4.8).