About the Common Payment Framework

Survivors seeking a payment for abuse and/or neglect in State care will benefit from a clear, consistent and fair approach that reflects the severity and frequency of the abuse and or neglect they experienced, irrespective of where they were in care or when the abuse or neglect occurred.

A Common Payment Framework (the Framework) is being used by redress agencies (Ministry of Social Development, Oranga Tamariki, Ministry of Education, Ministry of Health, Te Puni Kōkiri, Department of Corrections) following completion of their assessment process of redress claims.

The Framework replaces the previous practice of agencies using their own framework or ways of determining payments. This practice was heavily criticised by survivors for the differences in payment amounts for similar types of abuse and or neglect and the lack of transparency about why the amounts were different.

The Framework considers:

•  the most serious of a survivor’s experience of abuse and neglect
• the period over which it occurred
• who carried out the abuse or neglect to determine the level of payment.

Each payment category builds upon the previous categories so in that way it acknowledges any less severe abuse that was experienced.

The Framework does not provide redress for proven allegations of torture (as defined under the United Nations Convention Against Torture and the Crimes of Torture Act 1989). The consideration of any payment for proven torture sits outside this Framework.

Below is a summary, or you can:

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Distressing content warning: The information contains definitions about abuse and neglect and may be distressing for some readers.

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Support available | Crown response to the Abuse in Care Inquiry

There are two sections to the framework:

1. Payment categories. The categories set out what payment will be offered for what kind of abuse and neglect.

2. Definitions of abuse and neglect. The definitions explain key terms used in the payment categories.

Payment categories

The Framework uses payment categories, which is a similar approach to existing agency payment frameworks, but the categories and related definitions of abuse and neglect have been simplified and adapted so they can be applied to all redress agencies.

Each category includes one or more payment steps which move up based on the seriousness of the abuse, whether the abuse or neglect involved a carer or non-carer / other young person, and its frequency.

There are five categories:

• Less Severe ($7,500 to $20,000)
• More Severe ($25,000 to $35,000)
• Significant Severity ($40,000 to $50,000)
• Extreme Severity ($55,000 to $65,000)
• Extraordinary Severity ($75,000 and over).

The categories incorporate the Government’s decision to increase the average payment from approximately $20,000 to $30,000.

The categories enable the recognition of abuse and neglect by state carers and non-state carers who are not agents of the State (such as a survivor’s parents), and by other young people who were in the same care, residential, education or health setting as the survivor. However, where the abuse is by a non-state carer or other young person, such abuse or neglect must arise from, or relate to, the acts or omissions of the State and have contributed to the abuse or neglect occurring or continuing. Any payment that is made for such abuse or neglect is to recognise the failure of the State.

Abuse and neglect definitions

This part of the Framework explains the key terms used in the payment categories that determine payment offers. These key terms are:

• Abuse and neglect, including severity (less severe, more severe, significantly severe): what happened?
• Carers and non-state carers or other young people: who carried it out?
• Frequency (infrequent, frequent, or chronic): how long and how often did it occur? How often a survivor experienced abuse or neglect and how long that was experienced for are key factors in their care experience. They are part of determining a payment for abuse in care redress.

To help streamline assessment processes and support timely responses to claims, Ministers agreed practice failures not linked with abuse or neglect should no longer be responded to and assessed as part of agency processes. This also ensures claims processes and redress are focused on abuse and neglect, which is what they were established to do.

The Framework incorporates all aspects of a claim, including providing an effective remedy for potential breaches under the New Zealand Bill of Rights Act 1990 (BORA).

Detention allegations are now specifically included as an example of abuse in the Framework meaning that separate provision is not needed.

This approach of incorporating BORA and detention aligns with the Framework’s intent to provide consistency for everyone, no matter when a survivor was in State care.

If a claim involves a serious breach of the BORA or unlawful detention and the Framework amount is not sufficient to provide an effective remedy, agencies can make a payment that is different from what the Framework has allowed for. To make sure these decisions are fair and consistent, Discretionary payment guidelines will be created for when and how to use this discretion.

Discretionary payment guidelines enable a payment to be approved outside the payment categories, or at a different level, for rare situations where the category amount does not adequately reflect the abuse. This includes all claims that fall into the top category of $75,000 or more.

Individual agency rapid payment processes have been adjusted to align with the Framework, including having an average payment of $30,000.

Ministry of Social Development’s rapid payments is amended as follows:

Changes have also been made to some of the additional payments to align with the Common Payment Framework.

Ministry of Education’s rapid payments process for Waimokoia residential school will be amended by applying an increase of 50 per cent to each of the existing standard payments, as follows:

For more information about rapid payment in agencies:

• The Ministry of Social Development: What’s currently happening at Historic Claims - Ministry of Social Development
• The Ministry of Education: Rapid payment options - Ministry of Education

Survivors with current offers have the choice to:

• accept their current offer
• request an updated offer under the Framework.

Redress agencies are talking through the options with survivors so they understand how their offer might be impacted by the Framework before they make a decision, because once an offer is requested under the Framework, the previous offer is no longer available for acceptance.