Hon Erica Stanford
Lead Coordination Minister for the Government’s Response to the Royal Commission’s Report into Historical Abuse in State Care and in the Care of Faith-based Institutions

11 November 2024

The Government is introducing several law changes to better protect people in state care, in response to the Royal Commission of Inquiry into Abuse in Care.

“The magnitude of the abuse detailed by the Royal Commission of Inquiry was heartbreaking, and as a Government we will do everything in our power to try and prevent abuse from occurring in the future,” Lead Coordination Minister Erica Stanford says.

Following the National Apology, the Responding to Abuse in Care Legislation Amendment Bill will have its first reading.

It will make changes to the Oranga Tamariki Act 1989, Children’s Act 2014, Crimes Act 1961, and Public Records Act 2005.

The Bill will:

• Remove strip searches of children in care and provide new search powers for people visiting youth justice facilities.
• Strengthen restrictions for people working with young children.
• Enforce better record keeping by Government agencies.
• Amend the Crimes Act to include disability in the definition of vulnerable adult.

“We want to ensure that every child in this country is raised in a loving and stable home that sets them up to succeed in life,” Minister for Children Karen Chhour says.

“We heard from the Royal Commission of Inquiry how strip searches were used in dehumanising and traumatising ways. Removing them will not just minimise, but will eliminate, one of the most restrictive and inappropriate powers in the care system.

“For the children and young people cared for in our secure residences, safety is fundamental in creating a stable environment. At the moment there are no statutory powers to search visitors, staff or contractors entering Youth Justice residences for harmful items. We will change that and introduce searches for harmful items through scanning.“

The Bill will close a loophole that currently allows some people with overseas convictions to work with children.

“Children deserve to learn in safe environments so they can flourish. That starts with ensuring the teacher in front them is sufficiently vetted to do so,” Ms Stanford says.

The Crimes Act will be amended to include disability in the definition of vulnerable adult.

“This will make it explicit that those caring for disabled adults owe them a statutory duty of care,” Justice Minister Paul Goldsmith says.

The Record Acts will be strengthened to give the Chief Archivist more powers including the ability to issue performance notices and require agencies to come up with time-bound action plans in response to problems with record-keeping.

“I know many survivors have faced challenges to accessing their records and many records of care that were kept were inadequate or inaccurate,” Minister of Internal Affairs Brooke van Velden says.

“I am pleased to be making changes to the Public Records Act to improve the record-keeping practices of government agencies. New Zealanders interacting with government deserve to have complete and accurate records of their experience.”

Ms Stanford says while there have been many improvements in state care, such as the introduction of professional standards, sta training and vetting, there is more that can be done and the Government will continue to carefully consider the Royal Commission’s recommendations.

“This is just a first step. I would like to acknowledge the opposition parties for supporting this process to introduce the Bill.”

Amendment Bill can be read here.

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