1.

Implement the 95 Holistic Redress Recommendations in He Purapura Ora, he Māra Tipu: From Redress to Puretumu Torowhānui

Care System Office (co-ordinator)

Some of the 95 Holistic Redress Recommendations will be led by other government agencies. For example, the lead agency for Holistic Redress Recommendation 78 (amending the Limitation Act 1950 and Limitation Act 2010) is the Ministry of Justice.

Start immediately, complete within 18 months

2.

National apology in the House of Representatives

Department of the Prime Minister and Cabinet

Complete within 6 months

3.

Public acknowledgments and apologies

All senior leaders of State and faith-based entities (including indirect care providers) and relevant professional bodies that have provided, or are providing, care

Complete within 6 months

4.

Order of the Brothers of St John of God in Papua New Guinea

The Archbishop of Wellington (Catholic)

Complete within 6 months

5.

Streets, public amenities, public honours and memorials

All State and faith-based entities (including indirect care providers) that have provided, or are providing, care

Local authorities and other relevant entities

Complete within 24 months

6.

Investigations to determine to determine liability for torture, or cruel, inhuman, or degrading treatment or punishment

NZ Police

Start immediately

7.

Assist with NZ Police investigations into liability for torture, or cruel, inhuman, or degrading treatment or punishment

All State and faith-based entities (including indirect care providers) that have provided, or are providing, care

Start immediately

8.

Faith-based institutions and indirect care providers to join puretumu torowhānui system and scheme

Puretumu Torowhānui Agency

Start immediately, complete within 12 months

9.

Survivor awareness of puretumu torowhānui system and scheme and support options

All faith-based entities and indirect care providers that have provided, or are providing, care

Start immediately, complete within 18 months

10.

Backdate eligibility for the puretumu torowhānui system and scheme

Care System Office

Complete within 12 months

11.

Reform accident compensation (ACC) scheme to provide compensation for survivors

Ministry of Business, Innovation and Employment

Complete within 24 months

12.

New and reopened claims about Marylands School, St Joseph’s Orphanage and Hebron Trust

The Bishop of the Diocese of Christchurch

Start immediately

First public report within 6 months

13.

Marylands School, St Joseph’s Orphanage and Hebron Trust survivors awareness of the new puretumu torowhānui system and scheme

The Bishop of the Diocese of Christchurch and the Provincial of the Oceania Province of the St John of God Brothers

Complete within 12 months

14.

Puretumu torowhānui system and scheme gives effect to te Tiriti o Waitangi

Puretumu Torowhānui Agency

Complete design within 6 months

15.

Puretumu torowhānui system and scheme upholds human rights

Puretumu Torowhānui Agency

Complete design within 6 months

16.

Performance indicators for puretumu torowhānui system and scheme

Puretumu Torowhānui Agency

Complete within 6 months

17.

Report on performance of puretumu torowhānui system and scheme

Puretumu Torowhānui Agency

Within 12 months of completing implementation of Recommendation 16

18.

Independent review of Lake Alice Child and Adolescent Unit settlements

Care System Office

Appoint independent reviewer within 3 months

Complete review within 9 months after appointment

19.

Independent investigation of potential unmarked graves and urupā

Care System Office

Appoint independent advisory group within 6 months

Complete investigation within 2 years after appointment

20.

Fund for projects addressing collective harm

Care System Office, and faith-based institutions that provided, or provide, care

Establish fund and start operating it within 18 months

21.

Whānau harm payment to address intergenerational harm

Care System Office

Commence payments within 18 months

22.

Amend the Solicitor-General’s prosecution guidelines

Crown Law Office

Complete within 12 months

23.

Prosecution guidelines for complainants, witnesses and defendants who are Deaf, disabled and/or experience mental distress

Crown Law Office

Complete within 12 months

24.

Training for prosecutors on new and amended guidelines

Crown Law Office

Start within 13 months

25.

Support and invest in judicial-led initiatives that recognise and address harm

Ministry of Justice

Secure new investment within 12 months

26.

Amend the Crimes Act 1961

Ministry of Justice

Complete within 2 years

27.

Amend the Sentencing Act 2002

Ministry of Justice

Complete within 2 years

28.

Amend the Oranga Tamariki Act 1989

Oranga Tamariki / Ministry of Social Development

Complete within 2 years

29.

Review the Criminal Records (Clean Slate) Act 2004

Ministry of Justice

Complete within 2 years

30.

Amend the Victims’ Rights Act 2002

Ministry of Justice

Complete within 2 years

31.

List of specialist lawyers to give legal advice on puretumu torowhānui system and scheme

Ministry of Justice

Complete within 2 years

32.

Amend the Evidence Act 2006

Ministry of Justice

Complete within 2 years

33.

Training for investigators, prosecutors, lawyers, and judges

Ministry of Justice, Te Kura Kaiwhakawā / Institute of Judicial Studies, NZ Police, Crown Law Office and New Zealand Law Society

Start training within 12 months

34.

Review the Police Manual

NZ Police

Complete within 12 months

35.

Specialist unit for investigating and prosecuting abuse and neglect in care

NZ Police

Set up immediately

36.

Prioritise civil proceedings to minimise litigation delays

District Court, High Court, Court of Appeal and Supreme Court

Start immediately

37.

Review the Legal Services Act 2011

Ministry of Justice

Complete within 2 years

38.

Amend the Evidence Act 2006 (civil proceedings)

Ministry of Justice

Complete within 2 years

39.

Implement Care Safety Principles

Care System Office, Care Safe Agency and All State and faith-based entities and providing care (including indirect care providers)

Start immediately

40.

Implement a National Care Safety Strategy on the prevention of, and response to, abuse and neglect and in care

Care Safe Agency

Complete within 12 months of the establishment of the Care Safe Agency

41.

Establish an independent Care Safe Agency (in Care Safety Act)

Care System Office

Complete within 18 months

42.

Care Safe Agency to report annually to a parliamentary select committee (in Care Safety Act)

Care System Office

Complete within 18 months

43.

Review the roles, functions and powers of government agencies involved in the care system

Care System Office

Start immediately and complete within 9 months

44.

Establish a Departmental Agency to perform Care Safe Agency functions in interim

Public Service Commission

Start immediately

45.

Enact Care Safety Act

Care System Office

Complete within 18 months

46.

Review all legislation and regulations relating to the care of children, young people and adults

Care System Office

Start immediately and complete within 9 months

47.

Establish a duty of care, statutory ability to set, monitor and enforce care safety rules and standards, and provide for sanctions and penalties (in Care Safety Act)

Care System Office

Complete within 18 months

48.

Create a system for the accreditation of entities providing care (in Care Safety Act)

Care System Office

Complete within 18 months

49.

Make changes to charities regulation and legislation (in Care Safety Act)

Care System Office and Department of Internal Affairs

Complete within 18 months

50.

Ensure there is effective oversight and leadership of safeguarding

Leaders of all State and faith-based entities that are providing care (including indirect care providers)

Start immediately

Make any necessary changes within 12 months after Care Safety Act comes into force and after Care Safe Agency established

51.

Ensure that safeguarding is a genuine priority, key performance indicators are in place, and sufficient resources are available for all aspects of safeguarding

Leaders of all State and faith-based entities that are providing care (including indirect care providers)

Start immediately

Make any necessary changes within 12 months after Care Safety Act comes into force and after Care Safe Agency established

52.

Collect adequate data on abuse and neglect in care and regularly report to the governing bodies or leaders

All State and faith-based entities that are providing care (including indirect care providers)

Start immediately

Make any necessary changes within 12 months after Care Safety Act comes into force and after Care Safe Agency established

53.

Ensure staffing, remuneration and resourcing levels are sufficient to ensure implementation of safeguarding policies and procedures

Senior leaders of all State and faith-based entities that are providing care (including indirect care providers)

Start immediately

Make any necessary changes within 12 months after Care Safety Act comes into force and after Care Safe Agency established

54.

Take active steps to create a positive safeguarding culture

Senior leaders of all State and faith-based entities that are providing care (including indirect care providers)

Start immediately

Make any necessary changes within 12 months after Care Safety Act comes into force and after Care Safe Agency established

55.

Safeguarding policies and procedures are in place

All State and faith-based entities that are providing care (including indirect care providers)

Start immediately

Make any necessary changes within 12 months after Care Safety Act comes into force and after Care Safe Agency established

56.

How safeguarding policies and procedures work

All State and faith-based entities that are providing care (including indirect care providers)

Start immediately

Make any necessary changes within 12 months after Care Safety Act comes into force and after Care Safe Agency established

57.

Create a system of professional registration for all staff and care workers not already covered by a professional standards regime (in Care Safety Act)

Care System Office

Complete within 18 months

58.

Provide for a comprehensive and consistent pre-employment screening and vetting regime (in Care Safety Act)

Care System Office, Oranga Tamariki and NZ Police

Complete within 18 months

59.

Ensure all prospective staff and volunteers have a satisfactory vetting report and up to date registration status

All State and faith-based entities that are providing care (including indirect care providers)

Start immediately

Make any necessary changes within 12 months after Care Safety Act comes into force and after Care Safe Agency established

60.

Ensure all pre-employment screening checks meet requirements

All State and faith-based entities that are providing care (including indirect care providers)

Start immediately

Make any necessary changes within 12 months after Care Safety Act comes into force and after Care Safe Agency established

61.

Develop a Care Workforce Strategy

Care Safe Agency

Complete within 12 months of the establishment of the Care Safe Agency

62.

Recruit for and support a diverse workforce

All State and faith-based entities that are providing care (including indirect care providers)

Start immediately

Make any necessary changes within 12 months after Care Safe Agency established

63.

Code of conduct and appropriate training in place for staff

All State and faith-based entities that are providing care (including indirect care providers)

Start immediately

Make any necessary changes within 12 months after Care Safe Agency established

64.

Ensure workforce rules and standards apply equally to all staff and care workers, including volunteers, people in religious ministry and lay people

All State and faith-based entities that are providing care (including indirect care providers)

Start immediately

Make any necessary changes within 12 months after Care Safety Act comes into force and Care Safe Agency established

65.

Ensure appropriate complaints policies and procedures are in place

All State and faith-based entities that are providing care (including indirect care providers)

Start immediately

Make any necessary changes within 12 months after Care Safety Act comes into force and Care Safe Agency established

66.

Person responsible is held to account for substantiated abuse and/or neglect

All State and faith-based entities that are providing care (including indirect care providers)

Start immediately

Make any necessary changes within 12 months after Care Safety Act comes into force and Care Safe Agency established

67.

Report all complaints, disclosures or incidents to the Care Safe Agency

All State and faith-based entities that are providing care (including indirect care providers)

Start immediately after Care Safe Agency established

68.

Collate and keep a centralised database of complaints, disclosures or incidents of abuse and neglect

Care Safe Agency

Set up database within 18 months of the establishment of the Care Safe Agency

69.

Create a coherent mandatory reporting regime (in Care Safety Act)

Care System Office

Complete within 18 months

70.

Prioritise and accelerate current work to close care and protection residences

Oranga Tamariki

Start immediately

Complete within 2 years

71.

Support and invest in models of care that do not perpetuate institutional environments and practices, including physical redesign where needed

Care System Office (lead) with Oranga Tamariki, Ministry of Health, Te Whatu Ora Health New Zealand, Whaikaha and Ministry of Education

Start immediately

Complete within 2 years

72.

Take steps to ban pain compliance techniques

Care System Office (lead) with Oranga Tamariki, Ministry of Health, Te Whatu Ora Health New Zealand, Whaikaha and Ministry of Education, NZ Police

Start immediately

Complete within 2 years

73.

Ensure there are adequate frameworks in place to govern and minimise the use of restrictive practices

Care System Office (lead) with Oranga Tamariki, Ministry of Health, Te Whatu Ora Health New Zealand, Whaikaha and Ministry of Education, NZ Police

Start immediately

Complete within 2 years

74.

Prioritise and accelerate work to minimise and eliminate solitary confinement as appropriate in all care settings as soon as practicable

Care System Office (lead) with Oranga Tamariki, Ministry of Health, Te Whatu Ora Health New Zealand, Whaikaha and Ministry of Education

Start immediately

Complete within 2 years

75.

Review physical building and design features and address risks

All State and faith-based entities that are providing care (including indirect care providers)

Complete within 12 months

76.

Set up a system of independent advocates for all people in care

Care System Office and Care Safe Agency

Secure investment within 18 months

Advocates trained and starting to come on board within 2 months of establishment of Care Safe Agency

77.

Develop a career pathway for people with previous lived experience of care towards becoming an independent advocate

Care Safe Agency

Complete within 12 months of the establishment of the Care Safe Agency

78.

Seek the best possible understanding of the background, culture, needs and vulnerabilities of people in care

All State and faith-based entities that are providing care (including indirect care providers)

Start immediately

79.

Review existing policy, standards and practice to ensure care placements are suitable and support connection to whānau and community

Care System Office (lead) with Oranga Tamariki, Ministry of Health, Te Whatu Ora Health New Zealand, Whaikaha, Ministry of Justice, District Court (Family Court and Youth Court)

Start immediately, complete within 12 months

80.

Review existing policies and practice to ensure they support connections and attachment to family and whānau

All State and faith-based entities that are providing care (including indirect care providers)

Within 18 months of the establishment of the Care Safe Agency

81.

Comply with best practice guidelines for record keeping and data sovereignty, including record keeping principles

All State and faith-based entities that are providing care (including indirect care providers)

Start immediately

82.

Document an account of person in care’s life

All State and faith-based entities that are providing care (including indirect care providers)

Start immediately

83.

Require records relating to alleged abuse and neglect in care to be kept for least 75 years in a separate central register

Department of Internal Affairs

Complete within 6 months

84.

Consider whether existing information sharing provisions are sufficient

Care System Office and Privacy Commissioner

Complete within 12 months

85.

Review independent monitoring and oversight entities for duplication and to encourage collaboration

Care System Office (lead) with Ministry of Justice, Ministry of Social Development, Ministry of Health

Complete within 2 years

86.

Ensure that there are no unreasonable barriers to responsible oversight bodies being able to investigate complaints and proactively monitor the care system

Care System Office (lead) with Ministry of Justice, Ministry of Social Development and Ministry of Health

Complete within 2 years

87.

Oversight bodies investigate complaints, proactively monitor care providers, publish reports and share information with the Care Safe Agency

Responsible oversight bodies

Start immediately

Make any necessary changes within 12 months after Recommendations 86 and 87 implemented

88.

Ensure the ongoing safety of children, young people and adults in care at Gloriavale

Care System Office

Start immediately

89.

Comply with Care Safety Principles, National Care Safety Strategy and Care Safety Act statutory requirements and report compliance

All faith-based entities providing care

Comply with Care Safety Principles immediately

Comply with National Care Safety Strategy within 3 months of it being published

Comply with statutory requirements under Care Safety Act immediately after it comes into force

First compliance report within 6 months (and annually after that)

90.

Adopt Care Safety Principles, National Care Safety Strategy and Care Safety Act statutory requirements

All faith-based entities providing care

Adopt the Care Safety Principles immediately

Adopt National Care Safety Strategy within 3 months of it being published

Adopt statutory requirements under Care Safety Act immediately after it comes into force

91.

Drive consistent approach to implementing Care Safety Principles, National Care Safety Strategy and Care Safety Act statutory requirements

All faith-based entities providing care

Drive a consistent approach in relation to the Care Safety Principles immediately

Drive a consistent approach in relation to National Care Safety Strategy immediately after it is published

Drive a consistent approach in relation to statutory requirements under Care Safety Act immediately after it comes into force

92.

Work with Care Safe Agency and independent oversight bodies

All faith-based entities providing care

Start working closely with independent oversight bodies immediately

Start working closely with the Care Safe Agency immediately after it is established

93.

Leadership training for religious leaders

All faith-based entities providing care

Start training within 12 months

94.

Lines of accountability for decisions about preventing and responding to abuse and neglect

All faith-based entities providing care

Complete within 6 months

95.

Performance management and oversight for people in religious or pastoral ministry

All faith-based entities providing care

Performance management and oversight in place within 6 months

96.

Independent professional supervision for people in religious or pastoral ministry

All faith-based entities providing care

Supervision operational within 12 months

97.

Conflict of interest policy about allegations of abuse and neglect

All faith-based entities providing care

Policy and procedure in place within 6 months

98.

Training candidates for religious ministry

All faith-based entities providing care

Start immediately

99.

Regular safeguarding training for people in religious or pastoral ministry

All faith-based entities providing care

Start immediately

100.

Prevention education for people in faith-based care

All faith-based entities providing care

Start immediately

101.

Reduce high barriers to disclosure of abuse and neglect

All faith-based entities providing care

Policy and procedure in place within 3 months

102.

Publish all policies on preventing and responding to abuse and neglect

All faith-based entities providing care

Publication within 3 months

103.

Initial risk assessment when complaint received

All faith-based entities providing care

Policy and procedure in place within 3 months

104.

Stand down procedures for people in religious ministry subject to complaints

All faith-based entities providing care

Policy and procedure in place within 3 months

105.

Assess complaints according to case law standards

All faith-based entities providing care

Policy and procedure in place within 3 months

106.

Same investigative standards regardless of whether person is in religious ministry

All faith-based entities providing care

Policy and procedure in place within 3 months

107.

Permanently remove a person in religious ministry if complaint is substantiated

All faith-based entities providing care

Policy and procedure in place within 3 months

108.

Remove status of a person in religious ministry convicted of abuse and neglect offence

All faith-based entities providing care

Policy and procedure in place within 3 months

109.

Risk assessment where congregant has substantiated complaint or conviction

All faith-based entities providing care

Policy and procedure in place within 3 months

110.

National register of people in religious or pastoral ministry with complaints and convictions

All faith-based entities providing care and Care System Office

Register operational within 12 months

111.

Nationwide social and educational campaign to address discriminatory beliefs

Care System Office (investment) and Care Safe Agency (campaign)

Secure investment within 2 years

Complete campaigns within 5 years

112.

Nationwide social and educational campaigns to challenge myths and stereotypes

Care System Office (investment) and Care Safe Agency (campaign)

Secure investment within 2 years

Complete campaigns within 5 years

113.

Disseminate and publicise the findings and recommendations of this Inquiry

Care System Office and faith-based entities that provided, or provide, care

Complete within 6 months

114.

Accelerate existing work, and review existing laws and other arrangements, to enable participation, and bring communities into, in decision-making

Care System Office (lead), Ministry of Health, Te Whatu Ora Health New Zealand, Oranga Tamariki, Ministry of Justice, District Court (Family Court and Youth Court)

Complete with 2 years

115.

Prioritise and invest in contemporary approaches to delivery of care and support

Social Investment Agency

Start immediately

116.

Establish an independent commissioning entity

Care System Office and Social Investment Agency

Complete within 18 months

117.

Partner with hapū, iwi and Māori to give effect to te Tiriti o Waitangi and the United Nations Declaration on the Rights of Indigenous Peoples in relation to care functions

All State entities providing care (including indirect care providers)

Start immediately

118.

All entities providing care uphold the human rights of people in care

All State and faith-based entities providing care (including indirect care providers)

Start immediately

119.

Review Aotearoa New Zealand’s human rights framework

Ministry of Justice (lead) with Whaikaha (regarding the rights of disabled people)

Complete within 2 years

120.

Establish human rights performance indicators for all entities providing care

Care System Office

Complete within 12 months

121.

Targeted abuse and neglect prevention programmes for communities

Care System Office (investment) and Care Safe Agency (programme delivery)

Secure investment within 18 months

Start programmes within 12 months after establishment of Care Safe Agency

122.

Targeted programmes for those who may be at risk of perpetrating abuse and neglect

Care System Office (investment) and Care Safe Agency (programme delivery)

Secure investment within 18 months

Start programmes within 12 months after establishment of Care Safe Agency

123.

Establish the Care System Office

Public Service Commission

Complete within 2 months

124.

Set functions of Care System Office

Public Service Commission

Complete within 2 months

125.

Take all actions required to give effect to all recommendations

Care System Office and faith-based entities that provided, or provide, care

Start immediately

126.

Partner with hapū, iwi, and Māori to give effect to te Tiriti o Waitangi and the United Nations Declaration on the Rights of Indigenous Peoples

All entities responsible for implementing recommendations

Start immediately

127.

Implementation of recommendations co-designed and evaluated with communities

All entities responsible for implementing recommendations

Start immediately

128.

Public awareness, training and education programmes cover preventing abuse and neglect, and address prejudice and discrimination

All entities responsible for implementing public awareness, training or education programme recommendations

Start immediately

129.

Appointments to governance and advisory roles reflect care population and give effect to te Tiriti o Waitangi

Care System Office

Start immediately

130.

Publish responses to the Inquiry’s findings for interim and final reports

All entities responsible for responding to findings

Within 2 months

131.

Issue public responses to this report including implementation plans

All entities responsible for implementing recommendations

Within 4 months

132.

Seek cross-party agreement to implement the recommendations

Parliamentary political parties

Start immediately

133.

Report annually on implementation of the recommendations

All entities responsible for implementing recommendations

First report within 12 months, and then annually

134.

Annual implementation reports to be considered by a parliamentary select committee

All entities responsible for implementing recommendations (draft reports), Care System Office (collate reports), Responsible Minister (table reports) and House of Representatives (refer to select committee)

First report within 12 months, and then annually

135.

Ensure transparent communication with communities

All entities responsible for implementing recommendations

Start immediately

136.

Initiate an independent review for completion 9 years after the tabling of the final report

Care System Office

Start review within 7 years, complete review within 9 years

137.

Implementation reports and the 9-year review tabled in the House of Representatives and referred to a parliamentary select committee

All entities responsible for implementing recommendations (draft reports), Care System Office (collate reports), Responsible Minister (table reports) and House of Representatives (refer to select committee)

Within 3 months of completion of 9-year review

138.

Publish formal responses to the 9-year review

All entities responsible for implementing recommendations

Publication by 31 December 2033