1. In Part 1 of this report, the Inquiry set out its te Tiriti o Waitangi framework and the core human rights themes that have guided the Inquiry’s work as provided for in clauses 3 to 4 and 6 to 8 of the Inquiry’s Terms of Reference. This Part explores the evidence and information collated through these lenses and enables the Inquiry to set out its general comments, consistent with clause 31 of the Inquiry’s Terms of Reference, on these matters.

2. Chapter 2 of this Part focuses on applying the Inquiry’s te Tiriti o Waitangi framework.

3. Chapter 3 focuses on applying the Inquiry’s human rights themes.

4. Chapter 4 summarises the Inquiry’s conclusions. In doing this, the Inquiry recognises that it is not its role to determine liability (that is, whether legal rights or obligations were breached).[1] That is a role for the courts or other bodies with appropriate powers. In particular, courts have a key role in determining whether a particular act or omission meets legal tests, and whether the government or another organisation is legally responsible for that act or omission.

5. The Inquiry is not a court, and its procedures are not suitable for making findings of legal liability. Also, over the Inquiry period the nature of human rights has changed. This has included the change from the rights in the Universal Declaration of Human Rights being a common standard of achievement to many of those rights becoming legally binding on Aotearoa New Zealand after it joined international human rights treaties.[2] In addition, the content of human rights has developed over the Inquiry period. That can make it difficult to be certain about how human rights were understood at particular time periods. There are issues, too, about the extent to which faith-based organisations can be said to have had human rights obligations.

6. However, the Inquiry’s Terms of Reference provide that the Inquiry must make general comments, findings, or both, about the nature and extent of abuse and neglect that occurred in State and faith-based care during the Inquiry period.[3] The Inquiry can also make findings of fault and findings that relevant standards have been breached, and the Inquiry can recommend that further steps be taken to determine liability.[4]