The Dilworth Redress Programme covers four key elements: Acknowledgement, Apology, Counselling and Support, and Financial Redress.
Redress will be tailored to each Old Boy survivor and may include:
The Dilworth Redress Programme is designed to be fair and balanced and respond to the needs of survivors during their participation in the process.
The standard of proof for applications will be lower than the legal civil standard of “balance of probabilities”. Instead, the standard of proof required for the Redress Programme will be on the basis of “reasonable likelihood”. However, the starting position for the Panel when considering an application for redress is that Old Boy survivor will be believed unless there is compelling evidence to the contrary.
Determinations will be made by the independent Redress Panel which will consider each redress application on its own. The Panel has the power to make an award of redress. The Panel’s decisions are binding on Dilworth, which must honour any offer of redress.
Old Boy survivors (or the families/estates of a deceased Old Boy survivor) can accept or decline the offer of redress. They can also apply for a claim through the Government’s Puretumu Torowhānui redress scheme that may be introduced as recommended in the He Purapura Ora, he Māra Tipu report from the Royal Commission of Inquiry into Abuse in Care.
Current indications from Government are that its puretumu torowhānui redress scheme may be established in late 2023. We encourage Old Boy survivors to participate in one or both redress programmes based on what feels most appropriate for them.
The Dilworth Redress Programme is expected to run for at least three years. However, the Programme may be required to close once the Government’s puretumu torowhānui redress scheme becomes operational.
The need for a fair and balanced approach to deciding the amount of any redress payment for Old Boy survivors is central to the way the Dilworth Redress Panel will consider applications from Old Boy survivors.
In the case of financial redress, there is a cap of $200,000 on the level of financial redress that can be offered by the Panel. When making these determinations, the Panel will consider the nature, extent and impact of the abuse, the individual vulnerability of the survivor, the degree of failure on the part of Dilworth and other aggravating factors. However, if the Panel, when considering an application, believes on its assessment of these factors, that a case is exceptional when compared to other cases, the Panel may increase the award of financial Redress up to a maximum of $300,000.
Before an Old Boy survivor (or the family/estate of a deceased Old Boy survivor) accepts a redress offer awarded by the independent Redress Panel, the survivor is required to take independent legal advice. The cost of this independent legal advice will be covered by the Dilworth Redress Programme, up to a set amount.
In developing the Dilworth Redress Programme Terms, the Dilworth Trust Board completed a comprehensive review of approaches to redress by governments and institutions internationally and consulted with legal and psychological experts in New Zealand as well as other experts overseas.
Feedback on the proposed Dilworth Redress Programme Terms was sought from Old Boy survivors and their legal representatives, others affected by the abuse and the wider Dilworth community. This feedback was used to inform the design and development of the Dilworth Redress Programme Terms, which will guide the work of the Panel.
The Terms set out the purpose, scope and processes of the Dilworth Redress Programme, including:
A full description of the Dilworth Redress Programme Terms can be found by clicking the link below.
Due care has been taken to appoint the Panellists and set up the Programme in a way that ensures its independence. It is important that Old Boy survivors can trust the integrity of the process and that it will provide meaningful and tailored redress for each Old Boy survivor. The administrative functions required by the independent Redress Panel to carefully and safely consider the redress applications are now in place.
The Dilworth Trust Board has committed to funding all costs associated with the management of the Redress Programme.
Separate to the Dilworth Redress Programme, an Independent Inquiry has been set up to establish an understanding of the causes, nature and extent of the abuse experienced by former students at Dilworth School; the acts and omissions of the School, its trustees, officers and staff in responding to, or addressing, complaints of abuse; and examine the adequacy of the policies and procedures in place at the School today to prevent any future abuse. More information is available at the Independent Inquiry website
The two programmes are independent of each other. Old Boy survivors can make an application for redress without participating in the Inquiry. In the same way, Old Boys who do not intend to apply for redress may still take part in the Inquiry if they so choose.