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Abuse in Care - Royal Commission of Inquiry

Abuse in Care - Royal Commission of Inquiry

This Royal Commission is an independent inquiry into abuse in state care and in the care of faith-based institutions in Aotearoa New Zealand.

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Glossary Kuputaka

Term

Explanation

ableism

Attitudes and behaviours society uses that privilege non-disabled people. This includes when negative assumptions are made about the skills, capacities and interests of disabled people, and when their lived experiences are denied.

accountability

Being held responsible, answerable, or liable for relevant actions, behaviours, performance and decisions.

assimilation

Government policy referring to the process through which individuals and groups of a minority culture are made to change their attitudes, beliefs, practices and ways of life and must acquire the habits, attitudes and ways of life of the majority culture.

audism

A discriminatory belief that the ability to hear makes one superior to those who do not hear.

autonomy

Self-government, or the capacity to make an informed, uncoerced decision.

biculturalism

The co-existence of two distinct cultures.

bodily integrity

The right to make decisions about your own body and the idea that our bodies belong only to ourselves.

borstal

Institutions for young offenders (aged 15 to 21), aimed at reforming behaviour and preventing offenders from becoming “habitual criminals”. Borstals ran from 1924 until 1981 under the Prevention of Crime Act (Borstal Institutions Establishment) Act 1924.

breach

An act of breaking or failing to observe a law, agreement, standard or code of conduct without excuse or justification.

bystander

In this report the term ‘bystander’ refers to staff, volunteers and carers who observed or witnessed abuse and neglect committed by an abuser of a child, young person or adult in care and had the opportunity to condone, intervene or do nothing. The Inquiry does not consider it appropriate to include children, young people or adults in care in the definition of bystander.

care to custody 

The link between State care and going to prison.

civil claims

 

A claim for damages (often in the form of financial compensation) or other remedies pursued through courts, tribunal or other dispute resolution processes.

civil liability

The legal obligation of a person or organisation to pay damages or compensation to another.

civil litigation

Formal legal court proceedings between private individuals or organisations that seek to resolve a dispute.

clericalism

In this report clericalism refers to the practices that uphold the power of clergy over others.

co-occurring abuse

When a person experiences an abusive or neglectful situation with multiple harms occurring at the same time.

corporal punishment

The infliction of physical pain on a person’s body as punishment for breaking a rule or unwanted behaviour.

cultural capability

Having the skills, knowledge, behaviours and systems to deliver an experience in a culturally respectful and appropriate way.

cultural racism

Negative attitudes to the culture and lifestyles of indigenous and minority culture.

cumulative abuse

Harmful effects of abuse accumulating over time. Each instance of abuse adds to the overall impact, increasing its severity.

deinstitutionalisation

The process of closing institutions that housed disabled people based on government policy.

detribalising

Removing someone from a collective tribal social structure.

disablism

Conscious, direct discrimination against people who are disabled, based on their disability.

ECT

ECT means electroconvulsive therapy. It involves passing an electrical stimulus through two electrodes placed on the head of a patient to cause a seizure. ECT was sometimes given ‘unmodified’; that is, without anaesthetic and muscle relaxant. Properly administered, ECT, whether modified or unmodified, should be painless.

enforcement

The taking of any action by someone in a position of power with a view to, or in connection with, imposing a sanction, punishment or penalty.

eugenics

A pseudo-science that aims to improve the genetic quality of the human population. This included altering gene pools by excluding people and groups deemed to be ‘inferior’.

eurocentric

Reflects a way of thinking that interprets the world in terms of European culture, history, values and experiences and regards it as more important than the culture history, values and experiences of others.

excommunicated 

A decision by a religious organisation to reject a member of a faith. 

exemplary damages

 

Damages or compensation awarded to punish a party for particular conduct. They are punitive in nature rather than compensatory. 

fono

The word fono is used in different Pacific countries. In general, the term means councils or meetings great and small. The term can apply to national assemblies or any type of meeting between people.

forensic (eg forensic psychiatric services, forensic wards, forensic services) 

A branch of care that exists at the interface of the mental health and criminal justice sectors. Entry into forensic services involves an individual being charged with a criminal offence and being referred to this specialised mental health setting for assessment and treatment. 

gang whānau

A term used by the Inquiry to reflect that many survivors found a sense of family and community in gangs.

holistic redress

Setting right what has been done wrong; what Aotearoa New Zealand might do to put right the profound harm that has been done to individuals, whānau and communities through abuse in care.

impunity

In this report impunity refers to situations where an abuser acts as if they are free of blame, immune and exempt from reprimand, punishment, prosecution and sentencing for abuse and/or neglect. It includes the abuser knowing it is unlikely they will be held accountable for their actions. 

indivisibility

The idea that something or someone is not able to be separated from its essential parts.

institutionalisation 

The state of being placed or kept in a residential institution.  The term can also be defined as a process in which individuals who reside in an institution gradually develop certain unhealthy patterns of behaviour as a result of depersonalised and strict routines that are followed to enable a small group of staff to deliver basic services. 

institutional racism  

Discriminatory policies and practices of institutions that routinely produce racially inequitable outcomes for certain groups based on race, ethnicity, skin colour or national origin, and advantage other groups for the same reasons.  

intersectionality, intersectional identity

Intersectionality looks at the intersecting or different parts of a person’s identity (such as their ethnicity, culture, gender, disability, background, experiences) and how those aspects interact in shaping their experiences.

Inquiry period

The time period of the Inquiry’s investigation: 1 January 1950 to 31 December 1999.

kāinga

A reo Māori term for traditional village habitation.

kāwanatanga

A reo Māori term, an adaptation of the English word ‘governor’.

kaupapa Māori

A reo Māori term for Māori approach, Māori topic, Māori customary practice, Māori agenda, Māori principles, Māori ideology – a philosophical doctrine incorporating the knowledge, skills, attitudes and values of Māori society.

limitation defence

A defence to a legal claim that excludes liability on the basis that the legal claim has not been filed within a period of time as required by law.

limitation period

A period of time following an event or events during which a legal claim can be filed for damages or other remedies.

limitation law

A law that limits or excludes liability by reference to the time when civil proceedings are commenced.

limitation reforms

Legislative reform that seeks to amend the law relating to limitation.

mana motuhake

A reo Māori term for enabling the right for Māori to be Māori (Māori self-determination); to exercise their authority over their lives, and to live on Māori terms and according to Māori philosophies, values and practices including tikanga Māori.

mātauranga Māori

A reo Māori term for Māori knowledge. It’s a modern term that broadly includes traditions, values, concepts, philosophies, worldviews and understandings derived from uniquely Māori cultural points of view. It traverses customary and contemporary systems of knowledge.

mental distress

A mental or emotional state that causes disruption to daily life and that can vary in length of time and intensity. People experiencing mental distress includes those who are seriously upset, people who are reacting normally to a stressful situation, and people with mental illness (whether medically diagnosed or not).

mental integrity

The right against mental interference.

misidentification (ethnic misidentification)

When a care institution labels a survivor by the wrong ethnicity, denying them knowledge of their culture, language, whakapapa and identity. 

monocultural

Describes a way of life, worldview, where attitudes and behaviours consists of one dominant group and culture.

MVPFAFF+

Diverse sexualities, gender expressions and roles across Pacific cultures. It stands for māhū, vakasalewalewa, palopa, fa’afafine, akava’ine, fakaleiti (leiti), fakafifine.

neuroleptics

Antipsychotic medications used for the treatment and management of symptoms associated with various psychiatric disorders.

oralism

The system of teaching deaf people to communicate by the use of speech and lip-reading rather than sign language.

oranga

A reo Māori term for life, life-time, life-span, life-long.

oversight and monitoring

 

Oversight refers to actions taken to review and monitor organisations and their policies, plans, programmes, and projects.

Monitoring refers to tracking progress in the implementation of functions, programmes and operations.

Aim of both oversight and monitoring is to ensure that an organisation is:
• achieving expected results
• efficiently using public funds and represent good value for money
• compliant with applicable policies, laws, regulations and ethical standards.

pastoral care

In this report the term pastoral care includes providing spiritual, social, emotional and material support or guidance for individuals or communities. It can also include visiting, counselling, religious counsel (including bible studies or other faith activities), or otherwise helping people in the Church community.

An individual in a pastoral care relationship will be in the care of a faith-based institution when a person with authority or power given by a faith-based institution develops a trust-based relationship with that individual through the provision of pastoral care and related to the faith-based institution’s work or enabled by the authority or power given by the institution.

paternalistic policies

Policies that limit a person or group's liberty or autonomy and are intended to promote their own good.

professional body

 

An organisation with individual members practicing a profession or occupation in which the organisation maintains an oversight of knowledge, skills, conduct and practice of that profession or occupation.

psychopaedic

Outdated Aotearoa New Zealand term to distinguish people with a learning disability from people experiencing mental distress.

puretumu torowhānui

A reo Māori term that translates to – holistic redress and setting right what has been done wrong; what Aotearoa New Zealand might do to put right the profound harm that has been done to individuals, whānau and communities through abuse in care.

regulatory function

 

Means the making, setting, issuing or publicising of controls and restrictions on certain activities. It includes:
• determining whether such making, setting, issuing or publicising is authorised or required by law
• any action which is required or authorised to be performed before, after, or in connection with determining, making, setting, issuing or publicising.

rongoā Māori

 

A traditional Māori healing system; a holistic and cultural healing practice incorporating deep, personal connections with the natural environment.

safeguarding

Safeguarding is a preventative approach to protecting children, young people and adults in care by minimising or eliminating harm to that person.

seclusion

Shutting away or keeping a person away from others in a room or area with a door that locks and unlocks from the outside.

shock treatment  

 

Another term for ECT which means electroconvulsive therapy. It involves passing an electrical stimulus through two electrodes placed on the head of a patient to cause a seizure. ECT was sometimes given ‘unmodified’; that is, without anaesthetic and muscle relaxant. Properly administered, ECT, whether modified or unmodified, should be painless.

shunned  

To deliberately avoid, keep away from. It is the act of social rejection or emotional distance. In a religious context, it is a formal decision by the faith to cease interaction with an individual or a group. 

self-determination, including for indigenous peoples

The right to form a political entity.

societal and systemic racism / structural racism

A form of indirect discrimination as it occurs when an action, omission, or policy that appears to treat everyone in the same manner, actually creates negative effects unfairly impacting a particular group.

standards of care

 

Standards of care set the baseline for how the rights of people in care will be protected and how they will be kept safe from abuse and neglect.

structural racism

A form of indirect discrimination as it occurs when an action, omission, or policy that appears to treat everyone in the same manner, actually creates negative effects unfairly impacting a particular group.

Takatāpui

A traditional reo Māori word meaning ‘intimate friend of the same sex’. It includes all Māori who identify with diverse sexualities, gender expressions and/or variations of sex characteristics.

talanoa

A Pacific Peoples term meaning open and inclusive dialogue or conversation without a set format or structure.

tāngata kāpō Māori

A reo Māori term for a person who is blind and Māori

tāngata Turi Māori

A reo Māori term for a person who is Māori and Deaf and may include those who are hard of hearing.

tāngata whaikaha Māori

A reo Māori term for disabled people. It reflects a definition of people who are determined to do well.

tāngata whaiora Māori

A reo Māori term for people who are seeking health.  It can also be used to refer to a person receiving assessment and treatment in mental health, addiction and intellectual disability services. 

Terms of Reference

The legal document setting out the Inquiry’s purpose and scope as set by the government, and the matters that are out of scope.

tikanga Māori

A reo Māori term for behavioural guidelines for living and interacting with others in ao Māori.

tino rangatiratanga

A reo Māori term for self-determination, sovereignty, independence and autonomy.

universality

The idea that all people have equal human rights, whoever they are and wherever they live, regardless of their status or characteristics.

urbanisation

Population shift from rural to urban areas.

urupā

A reo Māori term for a burial ground.

vetting

The action of examining someone to make certain that they are suitable for a job.

whāngai

A reo Māori term for Māori customary adoption or fostering of children or young people.

whānau hauā Māori 

A reo Māori term for a person with disabilities, which reflects te ao Māori perspectives and collective orientation. 

whānau Turi 

A reo Māori term for whānau of Deaf people who are also Māori.  

 

Whanaketia
  • Preliminaries
  • Part 1: Purpose and process
  • Part 2: Context
  • Part 3: Circumstances
  • Part 4: Nature and extent
  • Part 5: Impacts
  • Part 6: Te Tiriti o Waitangi and Human rights
  • Part 7: Factors
  • Part 8: Puretumu Torowhānui, Holistic Redress
  • Part 9: The Future
  • Case studies
  • Survivor experiences
  • Glossary
  • He waiata
  • Summaries
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