Call for abuse claims commission

Chief Human Rights Commissioner Rosslyn Noonan is backing the move. Photo / Supplied

The Human Rights Commission has called for the creation of a new independent commission to handle almost 1000 historic abuse claims against state agencies.

Chief Human Rights Commissioner Rosslyn Noonan is backing a grassroots move by 73-year-old Hamilton grandmother Netta Christian, who was abused in foster care from the age of 8 months, to set up a network of other people who suffered abuse in state care.

She said Mrs Christian's case, where she was paid $10,000 compensation but it all went on legal fees, showed that such cases should not be left to the courts.

"The best practice that we have seen internationally involves the establishment of an independent commission - not a big permanent commission, but an independent body that can evaluate, if necessary investigate, and then take whatever action is required, whether it's compensation or an apology or acknowledgement," Ms Noonan said. "If people end up having to spend what little money they have on lawyers, that defeats the purpose. The state needs to accept its responsibility."

The Human Rights Commission has been investigating ways to handle between 800 and 1000 historic abuse claims against various state agencies for the past year and is due to publish its recommendations in the next two months.

Ms Noonan said the Government should not hide behind a statutory limitation barring most claimants from seeking redress through the courts for actions that occurred more than six years ago. "The Crown is not obliged to invoke it. It has chosen to do so," she said.

The Ministry of Social Development set up a care, claims and resolution team several years ago which promises on its website to investigate historic claims and make offers of redress, stressing that "you do not need a lawyer to work directly with the ministry".

"That has undoubtedly got some positive features to it but it's still within the ministry," Ms Noonan said. "So there is understandable concern, no matter how carefully people deal with it, it's still not independent of government."

Mrs Christian received 11 responses yesterday to her call for victims of abuse in state care to contact her.

"It's really quite exciting, I'm getting all these interesting emails," she said. "Some of them are very sad.

"That's just the way it is."

A Christchurch woman told her she was raped by her foster-father and abused physically and emotionally by her foster-mother, but was refused legal aid to pursue a claim because of a family trust.

Mrs Christian wants to visit everyone who contacts her to hear their stories so she can provide evidence to seek redress.

She has already written a book on her own story with former TV journalist Carolyn Weston and is now seeking a publisher.

Email: neta38@xtra.co.nz