NZ Introduces Legislative Changes to Protect Vulnerable in State Care

Amendments to safeguard children and disabled adults include banning strip searches in care, enhancing vetting standards, and improving record-keeping

In response to the Royal Commission of Inquiry into Abuse in Care, the New Zealand Government has introduced several new legislative changes aimed at safeguarding vulnerable individuals in state care. The sweeping reforms come as part of the Responding to Abuse in Care Legislation Amendment Bill, which is set to have its first reading following a National Apology scheduled for tomorrow.

“The magnitude of the abuse detailed by the Royal Commission of Inquiry was heartbreaking, and as a Government, we are committed to doing everything in our power to prevent future abuse,” said Lead Coordination Minister Erica Stanford. The new bill seeks to close existing legal loopholes and establish stricter protections for children and disabled adults in state care.

The amendments will address a range of laws, including changes to the Oranga Tamariki Act 1989, Children’s Act 2014, Crimes Act 1961, and Public Records Act 2005. Key provisions in the Bill include:

Ending Strip Searches in Youth Care: Strip searches of children in state care will be banned, addressing findings from the Royal Commission that such practices were traumatizing and dehumanizing. Instead, new search powers will be implemented for individuals entering youth justice facilities, including scanning procedures to detect harmful items.

Strengthened Vetting for Workers with Children: The Bill introduces stricter vetting standards to prevent individuals with overseas convictions from working with children in New Zealand, closing a significant loophole. This change underscores the Government’s commitment to ensuring that people entrusted with children’s care meet the highest standards.

Enhanced Protections for Disabled Adults: The Crimes Act will be amended to expand the definition of “vulnerable adult” to include those with disabilities. This addition will make it explicit that caregivers of disabled adults owe a statutory duty of care, ensuring legal protection for a group often at higher risk of abuse. “This will make it clear that society has a legal duty to protect disabled adults in care,” said Justice Minister Paul Goldsmith.

Improved Record-Keeping Standards: To address longstanding gaps in the quality and accessibility of records in state care, the Public Records Act will be strengthened, granting the Chief Archivist new powers to issue performance notices to agencies and require time-bound action plans for improved record-keeping. Minister of Internal Affairs Brooke van Velden noted that survivors have frequently encountered challenges accessing complete and accurate records, and the new requirements aim to prevent similar issues in the future.

“We heard from the Royal Commission about the trauma many individuals experienced, especially as strip searches were used in dehumanising ways. This change will not just minimise, but eliminate, one of the most restrictive and inappropriate powers in the care system,” said Minister for Children Karen Chhour. She added that new visitor search protocols in Youth Justice residences would further enhance the safety of the children and youth living in secure care facilities.

The reforms are part of a comprehensive strategy to ensure that state care upholds the highest standards of safety and dignity for those under its protection. While the Bill marks significant progress, Minister Stanford acknowledged that it represents just the beginning of the Government’s response to the Royal Commission’s recommendations. “There have been many improvements in state care, including new professional standards, staff training, and more rigorous vetting. However, we must continue this work to fully address the Royal Commission’s findings,” she noted.

Minister Stanford also recognized the support of opposition parties in facilitating the Bill’s introduction, underscoring the shared commitment across political lines to protect New Zealand’s most vulnerable individuals.