14 Nov 2019

Judge Shaw appointed chairperson of historical abuse in care inquiry

7:17 pm on 14 November 2019

Judge Coral Shaw has been appointed the new chairperson of the Royal Commission into Abuse in state and faith-based care.

Judge Shaw was one of the five commissioners appointed to the commission when it was set up last year Photo:

It is inquiring into what happened to children, young people and vulnerable adults in care between 1950 and 1999.

Judge Shaw replaces Sir Anand Satyanand whose resignation from the role took effect from today.

Judge Shaw was one of the five commissioners appointed to the commission when it was set up last year.

She is a former District and Employment Court judge and a judge of the United Nations Dispute Tribunal.

Internal Affairs Minister Tracy Martin said Judge Shaw was extremely well qualified for the role and her appointment would ensure continuity for the commission's work.

"The Royal Commission has just completed its first phase and has achieved several important milestones to date, including holding its first procedural and public hearings. The commissioners are currently reviewing the evidence presented at the public hearing, and continue to meet individually with survivors around the country.

"Maintaining the momentum of the Royal Commission is very important."

She said her first major task would assure survivors that the commission was worthy of their trust.

"Absolutely there are some fences to be mended. One of the biggest issues the Commission has faced from the beginning and will face to the very end is gaining the trust of survivors.

"Survivors have been abused by the State. Survivors have been abused by the churches they were involved with. So anything that looks like the State or an institution, automatically I think they see us as part of that abusing organisation.

"The only way we can get over that is to demonstrate that we are worthy of trust. That I see as one of my major tasks, to be started quickly.

"I'm really sorry if they felt that I was minimising it," she said. "Certainly that was not my intention, and I'm more than willing to apologise to them for doing that."

But she said she had not had time to apologise to survivors yet, as constant hearings had been taking place over the past two weeks.

"I don't expect them to trust me completely from the very beginning, some of them may never trust me, but the reality is I've got the job and I have to do the best I can to try and build some trust and confidence in the job that I'm doing."

"It's their decision if they want to work with me or not. I can't make them. We've invited them to be part of the Survivor Advisory Group. If they feel they can't trust me then they have a choice, and that sounds harsh, and I would respect that choice.

"We are looking in the future to be organising this in a way that probably, hopefully will be more congenial to them, meeting more of their individual needs."

Commission executive director Mervin Singham said Judge Shaw had a long history of fighting for human rights as a lawyer, and as a judge she presided over many cases both here and overseas.

"As a commissioner, she has personally met with over 50 individual survivors in private sessions and will hear the experiences of hundreds more."

Judge Shaw said it is an honour to be appointed chairperson of New Zealand's biggest inquiry. She said she would continue to engage with survivors of abuse and hear their stories.

"Hundreds of thousands of children, young people and vulnerable adults potentially experienced abuse in the care of the state or faith-based institutions between 1950 and 1999," she said.

"It's critical the voices of these survivors are heard and acknowledged by government and the future cases of abuse in care can be prevented."

New Zealand has irrefutable legal obligations to protect the fundamental rights of its people, she added.

"Through this Inquiry, we are identifying and naming violations of human rights. Our recommendations will be aimed towards ensuring the rights of our children, young people and vulnerable adults are respected and upheld for future generations.

"Working closely with fellow Commissioners, we will make principled and practical recommendations to change the way New Zealand cares for children, young people and vulnerable adults. They will be hard to ignore."

The commission is holding both private and public hearings and is expected to report back in 2023.

A new commissioner to replace Judge Shaw will be appointed soon.

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