As we have set out above, there are many different measures that can contribute to setting right the harm and restoring the mana and oranga of a survivor of abuse in care. As well as monetary payments and wellbeing support to address the harm, survivors may want, for example, the ability to hold an abuser or agency accountable for their actions, and steps to ensure abuse can’t happen again. Some want redress that recognises the harm caused to their wider whānau or community.
We have already looked at the shortcomings of the redress processes run by State agencies and faith-based institutions in providing for these things. But these processes do not operate in isolation. Survivors have sought some forms of redress from other bodies and mechanisms with varying success, and there are still others that may be available to them.
Some survivors have, for example, sued a person or an agency to hold them to account and get a financial payment if they are at fault. Others have accessed wellbeing services through ACC. Some have gone through the criminal process to have their abuser held to account. Other, less-used avenues, such as the Human Rights Review Tribunal, Health and Disability Commissioner, Ombudsman, the Waitangi Tribunal, and professional disciplinary bodies may also be able to provide some remedies to some survivors of abuse in care.
Each of these mechanisms is limited in scope and effectiveness, and none of them – either alone or together – are capable of providing the redress required to restore the mana and oranga or wellbeing of survivors and their communities. However, they form part of the broader system of redress available to survivors, and so form part of the bigger picture informing our recommendations about redress going forward. We outline them below.
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