Making historic abuse claims

Overview

If you were in state care before 2008 and you experienced physical, sexual or mental abuse or neglect and in care, you may want to make a historic abuse claim.

Since 2006, victims of abuse in state care have been able to make a claim directly to the Ministry of Social Development or Ministry of Education through a dispute resolution process, rather than going through the courts.

This section will provide some brief information about what to expect from a claim. However, a lawyer will be able to give you more specific information.

Difficulties with going through the courts

Limitation Act 1950, s 4

It is still possible to make a civil claim through the courts on the grounds of “negligence and vicarious liability”. However, this can be a long and expensive process and it is likely that the Crown will rely on the Limitation Act 1950, which sets a six year time limit for bringing a claim from the date the abuse occurred. This means that even if it is proven that the state provider was negligent, the government will not be legally responsible as it happened too long ago.

Criminal prosecutions are very difficult to pursue, as the police must be convinced that there is enough evidence to bring a case to court. There have been very few successful criminal prosecutions for historic abuse.

Next Section | Making a claim

Did this answer your question?

Dealing with Oranga Tamariki / Ministry for Children

Where to go for more support

Community Law

www.communitylaw.org.nz

Your local Community Law Centre can provide free initial legal advice and information.

Oranga Tamariki / Ministry for Children

www.orangatamariki.govt.nz

Oranga Tamariki / Ministry for Children replaced Child, Youth and Family in April 2017. Its website has a range of information about the care and protection issues discussed in this chapter.

Phone: 0508 FAMILY (0508 326 459)
Email: enquiry@ot.govt.nz

Family Court

www.justice.govt.nz/family-justice

The Family Court website has a wide variety of pamphlets and other information on issues relating to children. Access pamphlets online or order hard copies:

Phone: 0800 587 847
Email: publications@justice.govt.nz

Barnardos

www.barnardos.org.nz

Barnardos delivers a range of child and family services and early childhood care and education services throughout New Zealand. Barnardos also produces a range of fact sheets about children, parenting, child abuse and neglect, and school and family matters. For more information contact:

Phone: 0800 BARNARDOS (0800 227 627)
Email: information.sheets@barnardos.org.nz

Children’s Commissioner

www.occ.org.nz

Contact the Office of the Children’s Commissioner:

Phone: 0800 224 453
Email: advice@occ.org.nz

The Office of the Children’s Commissioner looks to ensure that children’s rights are respected and upheld. It advocates for the best interests of all children and young people in New Zealand.

VOYCE – Whakarongo Mai

www.voyce.org.nz

This is a non-government advocacy service for children and young people in state care. Set up in April 2017, “VOYCE” stands for “Voice of the Young and Care Experienced”.

Youthline Aotearoa

www.youthline.co.nz

Phone: 0800 37 66 33
Free text: 234
Email: talk@youthline.co.nz

Youthline provides free counselling, information and referral services.

Women’s Refuge

www.womensrefuge.org.nz

Women’s Refuge provides 24-hour support, advocacy and accommodation for women and their children experiencing family violence.

Crisis Line

Phone: 0800 REFUGE (0800 733 843)

Women’s Refuge provides a free phone line for people anywhere in New Zealand. Get information, advice and support about family violence as well as help in a crisis.

Factsheets

A range of resources and fact sheets are available online.

Phone: (04) 802 5078
Email: info@refuge.org.nz

Office of the Ombudsman

www.ombudsman.parliament.nz

Free phone: 0800 802 602

Email: office@Ombudsman.parliament.nz

Also available as a book

The Community Law Manual

The Manual contains over 1000 pages of easy-to-read legal info and comprehensive answers to common legal questions. From ACC to family law, health & disability, jobs, benefits & flats, Tāonga Māori, immigration and refugee law and much more, the Manual covers just about every area of community and personal life.

Buy The Community Law Manual

Help the manual

We’re a small team that relies on the generosity of all our supporters. You can make a one-off donation or become a supporter by sponsoring the Manual for a community organisation near you. Every contribution helps us to continue updating and improving our legal information, year after year.

Donate Become a Supporter

Find the Answer to your Legal Question

back to top