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Making a Claim

The Historic Claims process is an out of court alternative dispute resolution process which you can make for emotional, physical, sexual or neglectful harm while in care.  Government agencies have clear processes on how to submit a claim, while non-state based care providers often have their own systems for dealing with historic claim.  Due to the length of time since some instances, the full claim process may take several years and there is no guarantee of what the outcome will be. The redress offered may be focused on wellbeing, or a monetary settlement agreement. 

For cases of serious abuse neglect or harm,  feel free to also report these to the police.​

Lodging a Claim
You can lodge a claim for harm either directly, on your own, or with the assistance of a lawyer. Alternatively, you may choose to wait for the new redress system to be implemented before submitting your claim.

Given the legal complexities involved in claims, we strongly recommend seeking legal advice before signing any settlement. Most claim departments provide some financial assistance toward legal advice. It's important to note that settlement agreements are typically full and final, which means they may prevent you from taking further legal action, pursuing criminal charges, or seeking additional compensation in the future.
  • Te Mata Law, a Māori law firm, offers a tikanga-based approach to resolving historical claims for survivors of state or faith-based abuse.​
If you are considering accepting a settlement offer, we also recommend consulting with a financial mentor or financial advisor, who can provide guidance and support for managing the monetary aspects of your claim.​
What can I expect?
The claims process often requires discussing difficult experiences in a way that may feel interrogative or uncomfortable. We suggest bringing a support person to any interviews and proceeding in a manner that feels comfortable for you. You can request that interviews be conducted in a location near you, via Zoom, or over the phone. Additionally, it may be helpful to bring along any relevant documents, such as transcripts or police reports.​
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Given the sensitive nature of these claims, we also encourage you to make use of the wellbeing support services offered by claims departments. This may include ACC, which provides counselling support and potential claims for those who have experienced sexual harm. Accessing these supports before your interview can help prepare you emotionally for the process ahead.​​
What is a Historic claim?
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