The Royal Commission of Inquiry into Historical Abuse in State Care and in the Care of Faith-based Institutions was established by the New Zealand Government in 2018 to inquire into and report upon allegations of historical abuse to children, young people and adults in state care and in the care of faith-based institutions in New Zealand between 1950 and 1999.
The royal commission was established pursuant to the Inquiries Act 2013. It heard the accounts of more than 3,000 survivors over more than five years. The royal commission's final report and recommendations were publicly released on 24 July 2024. The 3,000-page report concluded that between 113,000 and 253,000 children, young people and adults had been abused and neglected at state and faith-based institutions in New Zealand between 1950 and 1999. The commission made 138 recommendations and called for political, religious, public service, professional and care provider leaders to issue public apologies as well as law changes to relevant legislation.
Background On 6 July 2017, 200 abuse survivors gathered at the New Zealand Parliament with Race Relations Commissioner Dame Susan Devoy. Devoy delivered a petition and an open letter from ActionStation demanding an inquiry into abuse in care and a public apology. Nine abuse survivors also spoke. Green Party co-leader Metiria Turei and Māori Party co-leader Marama Fox received the documents. Calls for an inquiry into abuse in care had been supported by survivors, community leaders, most political parties except the National Party, the Human Rights Commission, Iwi Leaders Forum, Māori Women's Welfare League and the United Nations Committee on the Elimination of Racial Discrimination.
Launch On 1 February 2018, Prime Minister Jacinda Ardern and Minister of Internal Affairs Tracey Martin confirmed that the New Zealand Cabinet agreed to establish an inquiry into abuse in state care between 1950 and 1999 under the 2013 Inquiries Act. Former Governor General Rt Hon Sir Anand Satyanand was appointed as the chair of the Royal Commission and member of the Inquiry. He was tasked with consulting on the draft terms of reference for the Royal Commission. Following the consultation period, Cabinet would decide the terms of references, additional Inquiry members and the Inquiry's final budget. The Royal Commission submitted its report on the terms of reference to the Government on 30 May 2018. By 4 October, 497 people had registered to engage with the Royal Commission's inquiries.
On 12 November 2018, the Government announced the terms of the inquiry and also widened its scope to include abuse in faith based institutions. The inquiry was also renamed "Royal Commission into Historical Abuse in State Care and in the Care of Faith-Based Institutions" to reflect its widened scope. The Government confirmed that the inquiry would begin hearing evidence from January 2019 with a final report summarising its findings and recommendations being submitted to the Governor-General in January 2023. The Government allocated the Royal Commission a budget of NZ$78.85 million over four years, including $15 million to provide participants with counselling and related support.
Commissioners and executive On 1 February 2018, the Government appointed former Governor-General Rt Hon Sir Anand Satyanand as the Inquiry Chair and a member of the Inquiry.
Other commissioners included : Jude Sandra Alofivae MNZN – Commissioner, November 2018–August 2023 Lawyer Julia Steenson – Commissioner, June 2020–February 2023 Judge Coral Shaw – Chair, November 2019–June 2024 Dr Andrew Erueti – Commissioner, November 2019–June 2024 Paul Gibson – Commissioner, November 2019–June 2024
In August 2019, Satyanand announced his resignation from the commission. In a surprise announcement, he cited the growing workload, which was higher than predicted, and his age of 75. He left the Commission in November 2019 and became the chancellor of the University of Waikato. Coral Shaw took over as chair, and Julia Steenson joined the Commission in June 2020.
The Chair and Commissioners were supported by a secretariat led by an Executive Director. The Inquiry had three Executive Directors: Mervin Singham, April 2018–June 2021 Helen Potiki, July 2021–February 2024 Benesia Smith, March 2024–June 2024
The Inquiry was also assisted by two lead senior counsel Simon Mount KC and Kerry Beaton, KC. The Department of Internal Affairs was responsible for administering the independent inquiry.
Hearings In January 2020, Royal Commission Chair Coral Shaw met with the Māori King Tūheitia Paki at Tūrangawaewae. Throughout 2020, the Royal Commission held several fono (forums) for Pasifika New Zealanderss nationwide. The Commission also released its annual report in June 2020. The work of the commission was delayed by the COVID-19 pandemic in New Zealand, with reduced sessions from March through June 2020.
By September 2020, the Commission had held 500 private sessions. Throughout early 2021, several public hearings were held for faith-based redress and state-run children's homes. The Government granted the Royal Commission a five-month extension, with a final report due in June 2023.
Public hearings continued in late 2022, focusing on survivors of abuse in foster care and psychiatric institutions for the disabled. By the time of the deadline for survivors' restrictions on 21 March 2023, over 4,000 abuse survivors had registered. In April 2023, the Royal Commission's deadline was further extended from 30 June 2023 to 28 March 2024. On 28 March 2024, the New Zealand Cabinet agreed to extend the Commission's deadline to 26 June 2024.
Lake Alice Psychiatric Hospital On 14 June 2021, the Abuse in Care Inquiry began hearing from former young patients at the Lake Alice Psychiatric Hospital. During the 1970s, patients were reportedly subjected to medication and electroconvulsive therapy as a punishment. There are 40 witnesses including 20 former patients. Several participants had experienced torture and neglect at the hands of its consultant psychiatrist Dr Selwyn Leeks.
On 15 December 2022, the Royal Commission's inquiry into the Lake Alice hospital was presented to Parliament.
Marylands School, Christchurch Between 9–17 February 2022, the Abuse in Care Inquiry began hearing from survivors of child sexual abuse perpetrated by The Hospitaller Order of St John of God at Marylands School, St Joseph's Orphanage and the Hebron Trust. Marylands School was a residential facility for boys, including many with disabilities.
The Commission investigated the nature and extent of the abuse that occurred, why it happened and the impacts of that abuse.
Dr Christopher Longhurst, from the Survivors Networks of those Abused by Priests (SNAP) labelled St John of God's apologies as hollow. Longhurst pointed out that church leaders initially opposed that faith-based institutions be included in the commission. Longhurst said ...where was their shame decades ago when child victims and their parents first reported abuse? Where was their shame when disgraced brothers were shipped overseas instead of facing justice? Where was their shame when some of their victims took their own lives?
In addition to survivor testimonies, the commission also heard evidence from survivor advocates, former employees of St John of God, NZ Police and Brother Timothy Graham, the current Provincial of St John of God.
The Commission heard that despite its small size, the Order of St John of God was responsible for 14% of all recorded abuse in New Zealand's Catholic Church.
A former nun, Dr Michelle Mulvihill told the Commission she had been employed by St John of God to respond to hundreds of sexual abuse claims in Australia and New Zealand. In 2002, Mulvihill made 13 trips to New Zealand and met scores of victims, some in prison, many homeless and others suffering mental health problems. She was sent to negotiate settlements with the victims and told the Commission she believed 91% of religious brothers at Marylands were abusing children.
Mulvihill said the Order had a culture of concealing abuse perpetrated by its members and in 2002, an Australian class action ensured the identities of sex offenders within the Order of St John of God was kept secret. Over 120 complaints were made about abuse at Marylands and the majority against the notorious Brother Bernard McGrath. The now deceased principal, Brother Roger Moloney, was sentenced to 35 month's jail for sexually abusing children. Other brothers, including Raymond Garchow, William Lebler and Celsus Griffin were all named as child sex abusers.
Mulvihill said that Lebler was allowed to answer calls from victims, even after allegations had been made against him. Moloney, who was sentenced to prison in New Zealand for child abuse, played a prominent role in Australian settlements as the Order's bursar.
Mulvihill said St John of God's protection of its ...outrageous wealth, its members deviant sexual behaviour and their obedience to 'closing ranks' was indefensible and unforgivable.
In her closing statement, Chair Coral Shaw said ...the shocking abuse included and is admitted, included grooming, child rape, vicious physical abuse and neglect, neglect of the vulnerable children's need for nature and education. We acknowledge and applaud the willingness of the survivors to share these painful experiences and describe the lifelong impacts they have to continue to endure.
In August 2023, a critical inquiry into the Order of the Brothers of St John of God at Marylands School and the associated Hebron Trust was published.
Māori plaintiffs On 7 March 2022, the Royal Commission began hearing from Māori individuals who had experienced abuse as children while in state and faith–based care. The hearing is expected to last for two weeks until 18 March and is hosted by Ngāti Whātua at Ōrākei marae. The first plaintiff Tupua Urlich testified about how he and his sister were separated from their mother and experienced abuse at the hands of a caregiver.
On 8 March, five Waikato siblings testified about being beaten and exploited as child labour by their foster family between the late 1990s and 2001. Though Oranga Tamariki was aware about the abuse experienced by the children, the department opted to work with their foster family instead of rehousing the children. Following four years of abuse, one of the children spoke to a school counsellor who successfully petitioned for the children's removal from the foster family. The children subsequently were separated when they were rehomed with different families and testified about their loss of connection to Māori culture and identity.
On 9 March, a plaintiff named Ms AF testified that welfare authorities erased her Māori birth mother from her birth certificate to facilitate her assimilation into a Catholic Pākehā/European family. Ms AF talked about being cut off from her Māori family and identity. She also claimed that she had been sexually abused by an uncle during her childhood and that she was raped by an acquaintance of her uncle as a teenager.
On 16 March, a plaintiff known as "MM" testified about encountering violence, sexual abuse, bullying, and racism while in state care. "MM" also claimed that his Māori heritage was denigrated while in state care. Due to his abuse, "MM" became involved in gangs and spent most of his adult life in prison. On 17 March, another plaintiff named Natasha Emery attributed the "intergenerational abuse" experienced by her and her family to the abuse they had experienced in state and foster care.
On 18 March, the Royal Commission concluded its two-week hearing into Māori experiences of abuse in state care. The Commission covered a range of issues including family separations, children experiencing psychical, psychological and sexual abuse in state care, slave labour, forced assimilation, and a failure by relevant authorities to address such abuses.