Committee Decisions 193. The Committee has issued two separate decisions against Aotearoa New Zealand relating to torture and ill-treatment at Lake Alice: Zentveld v. New Zealand214 and Richards v. New Zealand.215 Both Mr Zentveld and Mr Richards participated in the Royal Commission’s inquiry into Lake Alice. 194. The Committee found that Mr Zentveld and Mr Richards were subject to torture and illtreatment at Lake Alice and that the Government failed to conduct prompt and impartial investigations, proceed with prosecutions, and provide adequate compensation and rehabilitation for the torture they suffered in violation of the Convention. 195. To date, despite multiple investigations, no person has been prosecuted for acts of torture and ill-treatment inflicted against Mr Zentveld, Mr Richards or any other Lake Alice survivor. We note that a trial of one former staff member at Lake Alice on eight counts of wilful mistreatment of a child is scheduled to take place in August 2023. 196. While some survivors have received ex-gratia payments and apologies from the Government, as found by the Lake Alice Inquiry, these measures have been inadequate because redress payments came without acknowledgement of liability, the size of those payments was determined through a negotiation process into which survivors had limited input, and the Crown was able to negotiate in the knowledge it had the financial resources to fight on if no resolution was reached.216 197. The Government is yet to provide Mr Zentveld or Mr Richards with adequate compensation and rehabilitation, such as educational or vocational programmes, or social and healthcare assistance. 198. As noted above, the Royal Commission concluded that the Committee’s findings in favour of Mr Richards and Mr Zentveld apply to all survivors in the Lake Alice. 199. The Committee may wish to recommend that the Government respond to its findings in relation to Mr Zentveld (Communication No. 852/2017) and Mr Richards (Communication No. 934/2019) and, further to the Committee’s findings, urgently provide Mr Zentveld and Mr Richards with adequate compensatory and rehabilitative redress. Reservation to Article 14 (List of Issues item 30) 200. As set out in the State Party report, the courts have affirmed the right of individuals to obtain redress, including declarations of a breach of NZBORA217 as well as compensation218 for breaches of the NZBORA, especially the right to freedom from torture given its egregious nature.219 214 Zentveld v. Aotearoa New Zealand Communication No. 852/2017 UN Doc. CAT/C/68/D/852/2017 (4 December 2019). Richards v. Aotearoa New Zealand Communication No. 934/2019, UN Doc. CAT/C/73/D/934/2019 (12 May 2022). 216 Royal Commission of Inquiry into Abuse in State Care, Beautiful Children, Inquiry into the Lake Alice Child and Adolescent Unit (December 2022) at p. 334, [987]. 217 Attorney-General v Taylor [2018] NZSC 104. 218 Simpson v Attorney-General (Baigent's Case) [1994] 3 NZLR 667 (CA). 219 Taunoa v Attorney-General [2007] NZSC 70, [2008] 1 NZLR 429 at 183. When assessing whether and how much compensation should be awarded, the courts should consider the nature of the right and the nature of the breach – noting that a violation against s 9 (freedom from torture and ill treatment) constitutes such an egregious breach so as to demand compensation. 215 45