New Zealand Human Rights Commission Submission to the CAT in relation to NZ’s 6th periodic review 148. The ACC framework does not apply to most historic abuse occurring before 1974 and therefore for victims the “the negligence action is a form of lottery” and a lottery that has seen no such legal challenge succeed. 149. In 2006 the government established a team within the Ministry of Social Development (“MSD”) to investigate and resolve claims of historic abuse and mistreatment out of Court. MSD will respond to a direct approach from any affected person and will consider making an apology and providing some compensation. 150. Between January 2004 and December 2014, MSD received 1682 historic claims of abuse, or which 569 have been dealt with. NZ$8 million, or an average of NZ$14,059, has been paid out to claimants so far. In addition the State has funded millions of dollars in its own legal costs and the costs of legally aided lawyers representing victims. The Commission is not aware what victims themselves have paid for legal representation but the NZ$8 million is the gross damages paid under the MSD process not the compensation received by victims net of costs, including legal costs. 151. The Commission would welcome guidance from the Committee on the benefit of judicial verses non-judicial processes as to the amounts of compensation actually received by victims net of legal and other costs. 152. The Confidential Listening and Assistance Service“(CLAS”) was established in 2008 to hear from people alleging abuse or neglect while in state care before 1992. More than 1100 people have registered with the service. 153. Taken together CLAS and the MSD Care Claims and Resolution process establishes an integrated mechanism to provide remedies and rehabilitation to claimants in relation to social welfare homes and residences. Impartiality 154. One criticism of the MSD Historic Claims process from some claimants and their lawyers is that there is a lack of independence – whether perceived or actual. These lawyers advise that the fact that the department against whom a claim has been made is investigating that claim has caused some victims to lose confidence in the process. 60