The Government has today confirmed how it will provide redress to survivors who were tortured at the Lake Alice Psychiatric Hospital Child and Adolescent Unit.
The Royal Commission of Inquiry into Abuse in Care found that many of the 362 children who went through the Lake Alice Unit between 1972 and 1978 did not have any form of mental illness, yet they were subjected to unmodified electroconvulsive therapy (ECT) or paraldehyde injections.
“These weren’t administered for any medical reason, instead were used for punishment and emotional control through terror,” said Lead Coordination Minister, Erica Stanford.
It has been five years since the United Nations Committee against Torture first found New Zealand in breach of its obligations under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
“In July, the Government formally acknowledged that torture occurred at the Lake Alice Unit as defined in the Convention. Cabinet has now agreed to the details of redress for the torture that survivors suffered as children,” said Ms Stanford.
She said redress will consist of three components; a one-off payment which recognises an individual’s experience of torture as a child, a new written apology which explicitly acknowledges torture, and facilitating access to support and rehabilitative services.
“While it is not possible to right or compensate for the wrongs of the past, Cabinet has agreed to recognition to those remaining survivors for the torture they suffered in the care of the State. It also serves as an expression of our regret as to the many ways in which they were failed,” Ms Stanford says.
Eligible survivors will be able to choose either an expedited payment of $150,000 or an individual payment process where each claim is assessed by an independent arbiter who will make determinations on payment amounts. Both will be administered through the Crown Response Office. Up to $22.68 million has been set aside, including operating costs.
“A number of survivors of the Lake Alice Unit have made clear to me the importance of choice. For some certainty and pace are a priority, for others an individualised process is more important.”
“This approach provides flexibility for survivors and is more responsive to the different experiences of torture that survivors had at the Lake Alice Unit. Independent legal advisors will be available to assist survivors in the decision about which pathway to opt for and any other legal advice required to inform their decision.
“The appointment of the arbiter and their terms of reference will be considered by Cabinet in early 2025. They will be expected to consult with the legal representatives of survivors to determine the principles or considerations they will use to determine individualised redress payments,” the Minister said.
Survivors will have until 30 April to choose the individual payment process and until 30 September for the expedited pathway. Payments in both processes will be complete by the end of 2025 and be made on an ex-gratia basis.
The support component will be provided through existing support services and will include financial advice for any survivor that requests it. The Crown Response Office will help survivors navigate various services they are entitled to based on individual need. Officials have also been directed to report back by March 2025 on any gaps in the current services.
The decisions Cabinet has taken are independent of any decisions about the future redress system for abuse in care. That work will progress in 2025, said the Minister.
“I would like to thank all of the people who have fought for decades for the truth of what happened at the Lake Alice Unit to be acknowledged and recognised. Survivors, their families, supporters, and advocates, and the commissioners and staff of the Royal Commission of Inquiry have all played a critical role in fighting for justice,” she said.
