Ngā Kerēme Mō Ngā Kura Auraki - (Making Claims For Those in State Schools and State Care)

Are you or do you know anyone who might be entitled to a sensitive claim settlement?

Sensitive claims in New Zealand involve compensation for abuse, neglect, or mistreatment, within government institutions.  These claims address deeply personal trauma and provide justice and redress for the affected individuals.  Our team can assist in working through these things.

Legal Process for Sensitive Claims of Abuse in State Schools

The Ministry of Education's process for handling sensitive claims of abuse in state schools provides individuals with a structured means to seek redress for past mistreatment or abuse. These claims can include physical, sexual, or psychological abuse that occurred while the claimant attended a state school.  This legal avenue is available for individuals who attended schools before 1989 or schools that are now closed, such as specialist schools and health camps.

The process involves several key steps, beginning with the submission of a claim form, which requires basic information and consent to access relevant records.  The Ministry may offer support services, including counselling, during the processing of the claim.  Once the claim is reviewed, an external assessor will evaluate the information, and if wrongdoing is identified, an apology or financial compensation may be offered.

Individuals who believe criminal conduct was involved can refer their case to the police.  The Ministry's approach ensures that each claim is handled with sensitivity, providing appropriate accommodations for individuals' needs, such as language support or legal counsel.

This legal process allows individuals to seek acknowledgment of their experiences while protecting their right to pursue further legal actions if desired.

Rapid Payment Options

The Ministry of Education has recently implemented rapid payment options for individuals who have attended Waimokoia/Mt Wellington Residential School and have a sensitive claim of abuse and people who are terminally ill.  These payments provide a quicker redress process compared to the full claims assessment.

Waimokoia/Mt Wellington Residential School

Claimants who attended this school can opt for a rapid payment which includes a set amount based on the decade they attended the school, reflecting average payments under the full claims assessment process, an apology from the Secretary for Education and a reimbursement for legal costs.

Payments are determined by the decade in which a claimant attended school.  For example, a claimant who attended Waimokoia/Mt Wellington Residential School in the 1960s would receive $5,000, while a claimant who attended in the 1970s would receive $10,000.

Extra payments may be made if there is evidence of specific instances of abuse during certain years.   For example, a claimant who attended between 1960 and 1961 would receive $15,000, which includes the standard $5,000 for the 1960s and an extra $10,000 due to documented staff abuse during that period.

Future of Rapid Payment Options

Currently only claimants who attended Waimokoia/Mt Wellington Residential School are eligible for the rapid payments option however, once research for McKenzie Residential School and Campbell Park School is completed, rapid payments will also be available for claimants who attended these schools.

Terminally Ill Claimants

Individuals who are terminally ill and expected to live less than 12 months can receive a prioritised settlement payment of $10,000, along with an apology and legal fee reimbursement.

Sensitive Claims Through Other Government Agencies

Currently, survivors of historical abuse in State care can make a claim through various government agencies such as:

(a) Ministry of Education

(b) Oranga Tamariki

(c) Ministry of Health

(d) Ministry of Social Development

If you would like assistance with making a claim or further information and advice, please contact Preston Rawiri on 07 957 2352 or preston.rawiri@mccawlewis.co.nz