28209 (2026). Hon Willow-Jean Prime to the Minister for Social Development and Employment

28209 (2026). Hon Willow-Jean Prime to the Minister for Social Development and Employment: What is the policy for survivors of abuse in care who have a claim lodged or settled with the Ministry of Social Development and Employment, and also with a non-state actor where the survivor also experienced abuse in care?

Hon Louise Upston: For this response, a non-state actor is interpreted as a non-government organisation (NGO). The Ministry of Social Development (the Ministry) has advised that where a claim is lodged or settled with both the Ministry and an NGO, the Ministry must first be notified that a claim has been lodged with an NGO. The Ministry may not always be aware of such claims unless it is notified by the survivor, their representative, or the NGO itself. How the claim is then managed and resolved will be specific to the particular facts of each case. Typically, for example, each agency would address only those allegations relevant to it. Another consideration would be the legal responsibility the agencies had for the survivor at the relevant time. The Ministry has further advised that where a claim has been made against only the Ministry, but that claim includes allegations against staff or caregivers of operating NGO’s, the process for this situation is set out in section 7.8 of the Ministry’s Historic Claims Business Process and Guidance (https://www.msd.govt.nz/documents/about-msd-and-our-work/work-programmes/historic-claims/historic-claims-business-process-guidance.pdf).