A lawyer representing abuse survivors has called for a major change in the way the Crown Law Office deals with abuse claimants.
Crown Law should have taken a wider view of the hundreds of complaints about young people in state care, a lawyer says. Photo: 123RF
The Royal Commission into Abuse in Care ended its hearing today on the experiences of survivors who are seeking redress from the state.
Frances Joychild represents Lake Alice Psychiatric Hospital survivor Leonie McInroe and a number of others.
McInroe spent 18 months in Lake Alice's adolescent unit between 1975 and 1977. She was given massive doses of medication and electroconvulsive therapy, ECT.
Joychild said there must be a tectonic shift in Crown Law's approach to claims from vulnerable people, alleging breaches by government of their human rights and Treaty of Waitangi guarantees.
"The tunnel vision that has guided the Crown Law Office for almost three decades, that its only duty is to protect, almost at all costs is its clients' purse strings (the Crown) has got to be thrown to the winds."
Joychild said with hundreds of complaints there must have been major systemic failings in the care and protection of young people in state care.
She said Crown Law should have known this and taken a wider view.
"Once again this tunnel vision, oh, there is some in Kohitere and there's some here, but there is none of them everywhere, that's beyond belief. There was a systemic problem and there was a lot of violence but a major part of that problem was paedophilia."
Joychild said her clients have told her that in every institution there would have been two or three paedophiles and while a lot of staff were great, there were two or three staff members preying on young boys in the evenings when the lights were out.
She said there is a complete lack of a human rights culture or a treaty culture within the Crown Law Office and consequently within government departments.
"There is a severe deficit within this area in the office relating to its outward approach to claimants and other people."
Joychild said the evidence to the Commission showed that the Crown Law Office all along had been the problem with historical abuse cases.
"Many (survivors) today are still suffering huge negative impacts from taking claims against the Crown.
"Essentially, the Crown Law Office cannot meet the government's human rights obligations to the survivors while defending the government from liability for breaches of those human rights obligations to the survivors."
"The primary, if not sole duty (of Crown Law) is perceived to be to protect the government's purse strings," she said.
Joychild said the Crown Law Office owes a fulsome apology to survivors of abuse for the strategy and tactics it had applied until recently.
She said that until now there had been no public inquiry or full government understanding of the systemic nature of the suffering of children and young persons in its care.
"It's possibly the lack of exposure to this which has meant empathy has been lacking in government responses to them."
Demand for a new independent body
Joychild said on instruction from her clients she asked that no one who has acted as Crown counsel in the area of historic claims in the past should be able to be appointed to any leadership or decision making positions within a new body.
Survivors are calling for an independent body to be set up to handle all abuse claims.
"Likewise, and maybe this has to be softened, but no public servants in government departments who have worked in the area of compensation for claimants should be so employed.
"Unfortunately there is such a level of distrust and anger towards the Crown Law Office and the government offices among many survivors, not all, but many."
She said the credibility of the (new) body would be seriously compromised were such persons to be appointed.
"There would be real concerns as to whether former loyalties and ways of thinking could be altered."
Joychild said her clients wanted the Royal Commission, in its interim report, to recommend the immediate establishment of a properly funded independent body entirely separate from the Crown Law Office to take over the work of assessing claims and providing appropriate rehabilitation and allocating compensation for survivors of abuse in state care.
Where to get help:
Need to Talk? Free call or text 1737 any time to speak to a trained counsellor, for any reason.
Lifeline: 0800 543 354 or text HELP to 4357
Suicide Crisis Helpline: 0508 828 865 / 0508 TAUTOKO (24/7). This is a service for people who may be thinking about suicide, or those who are concerned about family or friends.
Depression Helpline: 0800 111 757 (24/7) or text 4202
Samaritans: 0800 726 666 (24/7)
Youthline: 0800 376 633 (24/7) or free text 234 (8am-12am), or email talk@youthline.co.nz
What's Up: online chat (3pm-10pm) or 0800 WHATSUP / 0800 9428 787 helpline (12pm-10pm weekdays, 3pm-11pm weekends)
Kidsline (ages 5-18): 0800 543 754 (24/7)
Rural Support Trust Helpline: 0800 787 254
Healthline: 0800 611 116
Rainbow Youth: (09) 376 4155
If it is an emergency and you feel like you or someone else is at risk, call 111.
Abuse survivors
For male survivors -
Road Forward Trust, Wellington, contact Richard 0211181043
Better Blokes Auckland, 099902553
The Canterbury Men's Centre, 03 3776747
The Male Room, Nelson 035480403
Male Survivors, Waikato 07 8584112
Male Survivors, Otago 0211064598
For female survivors -
Help Wellington, 048016655
Help, Auckland 09 623 1296.
For urgent help: Safe To Talk 0800044334.