If you have a question that is not answered here, please get in touch via the Contact Form or call the Dilworth Redress Programme office on 0800 888 744 (Monday-Friday 9am-5pm) and we will do our best to answer it for you.
Offers of redress will be tailored to each individual Applicant and could include access to confidential counselling and psychological services; or an upfront payment for future therapy needs, a direct personal response from Dilworth, including an apology; a redress payment; and other forms of redress which may be requested by the Applicant. The Dilworth Trust Board will have no control or influence over the independent Panellists and will be bound by their decisions on the financial redress to be provided to each former student.
Yes, if this is the wish of the Applicant (or the family of a former student who has died). Direct personal apologies in a form, on terms, and at a venue agreed with the Applicant and written letters of apology can be arranged at the preference of the Applicant.
The Government has indicated its intention to introduce the Puretumu Torowhānui redress scheme as recommended in the He Purapura Ora, He Māra Tipu report from the Royal Commission of Inquiry into Abuse in Care. This is scheduled for some time in 2025.
Applicants (or estates of eligible former students who have died) who have accepted the Dilworth offer of redress may still make a claim under the Government scheme, noting that any settlement received from Dilworth is likely to be taken into account in the Government scheme.
The Dilworth Independent Redress Panel may offer financial and other redress to Applicants on a personalised, fair and equitable basis. It is proposed that in any one case, up to NZ$200,000 be available to the Redress Panel from which they may award financial redress to an applicant. In cases that the Dilworth Independent Redress Panel believes are exceptional when compared with other cases, it is able to award a figure for financial redress of up to NZ$300,000.
The Dilworth Redress Programme Terms outline that the level of any financial redress would be at the discretion of the Dilworth Independent Redress Panel. In determining the amount of financial redress, they will have regard to:
The Dilworth Redress Programme is designed to be fair, balanced, and responsive to the needs of applicants during their participation in the process. The standard of proof required for the Dilworth Redress Programme shall be that of a “reasonable likelihood”. The starting position for the Dilworth Independent Redress Panel when considering an Application for redress is (as stated in the Terms) that “Survivors should be believed unless there is compelling evidence to the contrary.”
An Applicant will need to provide some form of identification such as a passport or a driver’s licence when making a statutory declaration to support their application. This is an essential step to ensure the interests of the Applicant are protected, and respected, as well as maintaining the integrity of the Dilworth Redress Programme.
For Applicants who are located outside of New Zealand, a certified copy of their identity will be required.
If an Applicant decides to proceed with the Offer, it will then be incorporated by the Dilworth Trust Board’s lawyers into a full and final Settlement Agreement. Before signing the Settlement Agreement, the Applicant must take independent legal advice. The cost of this independent legal advice will be covered by the Redress Programme up to a set amount.
The key components of the Settlement Agreement are:
A sample Settlement Agreement can be requested from the Administrator at any time.
After the Settlement Agreement has been signed, the redress award will be implemented. This will depend on what types of redress has been awarded. It could include the former student applicant receiving a redress payment, a separate amount for future therapy needs or on-going therapy referred through the Listening Service, and an apology.
Yes they do. Applicants for redress are entitled to meet with the Dilworth Independent Redress Panel in what are called "Face-to-Face" meetings (contact your Redress Facilitator to facilitate this). Please note:
Therefore, it is important that applicants provide all relevant information in their written Redress Applications.
Redress payments will not be subject to New Zealand tax. For further information, please refer advice provided by Chapman Tripp and letter from New Zealand IRD. We strongly encourage applicants to obtain their own independent financial and tax advice.
Read what the Ministry of Social Development has written: Click here to download
The Dilworth Redress Programme is available to any former Dilworth students who have suffered sexual abuse or serious physical abuse committed by a Dilworth representative, as well as ‘survivors’ of sexual abuse committed by another student where a Dilworth representative failed to take reasonable steps to protect against the potential for that abuse, or where the sexual abuse was encouraged or permitted by a Dilworth representative.
Estates of former students (now deceased) where those former students have suffered abuse, can also make an Application for Redress. However, a family member of a deceased former student cannot make an Application for Redress to the Dilworth Redress Programme for the harm they have personally suffered as a result of the abuse the former student experienced. (See answer below for details).
The Terms were expanded after feedback from former students who had suffered abuse, those affected by abuse, the wider Dilworth community, and legal representatives of former students who had suffered abuse.. There was a clear view that the scope should be expanded to include students who were sexually abused by other students while at Dilworth, and the School had knowledge or did not take reasonable steps to prevent the abuse.
Considering the definition of ‘serious physical abuse’ will be a matter for the Dilworth Independent Redress Panel to assess, taking account of the experience of applicants and the impact the physical abuse has had on an applicant.
In the case of a former student (who had suffered abuse) who has died, the legal representative of their estate can make a claim for redress. The application process will be similar to that for other persons making applications and the legal representative of the estate will be assisted by the Redress Facilitators to complete their Application.
A family member is not eligible for financial redress but an estate can make a claim.
If an eligible former student is incapacitated, a family member or friend can make an Application for Redress on their behalf. An Enduring Power of Attorney is required. Further information can be sought from the Dilworth Redress Programme Administrator on 0800 888 744 (Monday-Friday 9am-5pm) or [email protected]
Please refer to the Legal advice for Applicants section below.
If the Applicant has engaged in the Dilworth Independent Inquiry, he will be entitled to have access to, and contact with, the same support person for both the Dilworth Independent Inquiry and Dilworth Redress Programme.
If an Applicant needs to travel to meet with the Redress Facilitator, to present to the Dilworth Independent Redress Panel or to receive an apology from Dilworth, reasonable travel costs for the Applicant and a support person will be covered by the Dilworth Redress Programme.
There is also limited support for legal and financial advice.
No. These costs will not be taken into account by the Dilworth Independent Redress Panel and will not be deducted from a redress payment. They will not affect the Applicant’s ability to access support services to assist them in engaging with the Dilworth Redress Programme.
The Redress Panel is conscious the impact that the timing of determinations has on applicants to the Redress Programme. To address this situation, two Interim Awards of NZ$10,000 each have been made to qualifying redress applicants meeting the following steps:
For more information, please speak with your Redress Facilitator.
No. Throughout the redress process, the Applicant would not need to have any dealings with Dilworth unless they wished to, such as receiving an apology in person from Dilworth as part of the terms of any redress agreement awarded by the Dilworth Independent Redress Panel.
Unless an Applicant wishes to present to the Dilworth Independent Redress Panel members, he will not need to have any contact with them.
This is not required for applications to the programme. However, in some circumstances, an independent psychological assessment may be requested by the Dilworth Independent Redress Panel as part of their decision-making process.
The Dilworth Independent Redress Panel is committed to making fair and equitable decisions and is faced with not only the largest but the first substantial redress programme in New Zealand. It commenced making Determinations/Offers in March 24 and will do so continually over the following months. The Redress Panel is entirely independent of Dilworth School and Dilworth Trust Board.
The process is reliant on the speed of progress through the various Registration and then Decision Processes steps. Each application is unique. Some are complex and require many documents that can take additional time to procure. The Redress Facilitators will explain the process to you and keep you apprised of progress and timeframes.
Applications may be made by eligible applicants relating to abuse that took place at any point in time when they were a student at Dilworth.
There is no set term for the Dilworth Redress Programme, although after an initial term of three years the Dilworth Independent Redress Panel would have discretion to bring the Dilworth Redress Programme to an end.
When the Government establishes its puretumu torowhānui redress programme, Dilworth may be required to include the Dilworth Redress Programme in the Government scheme. If this is the case, the Dilworth Redress Programme will provide the maximum possible notice to allow former students who were abused to apply to the Dilworth Redress Programme before it is required to end. All existing claims will continue to be processed where possible.
While registering for the Dilworth Redress Programme does not create any obligations for you, nor does it compromise any of your rights, you may wish to seek legal advice on registration. If you do so, reasonable legal costs up to NZ$1,000 plus GST will be funded. (For full information see section SUPPORT FOR LEGAL COSTS under Help and Support button.)
Yes, if you consider you need legal advice at this stage, the Dilworth Redress Programme will pay for reasonable legal costs up to a maximum amount of NZ$1,000 (plus GST). You will need to ask the lawyer to send their invoice or bill to [email protected].
If your legal costs at this stage exceed NZ$1,000 (plus GST), you will need to pay any legal costs above the Dilworth Redress Programme contribution of NZ$1,000 (plus GST).
We do not expect you will need to seek legal advice prior to submitting your Application to the Dilworth Independent Redress Panel. This is because the Dilworth Independent Redress Panel’s offer is not binding on you – you will be free to accept or reject it – and this is a consultative rather than litigious process.
However, we recognise that in some situations, you may wish to seek legal advice at this stage. The Dilworth Redress Programme will support you if you want legal advice at this time.
For full information see section SUPPORT FOR LEGAL COSTS under Help and Support button.
Yes, if you consider you need legal advice at this stage, the Dilworth Redress Programme will pay your reasonable legal costs. We do not expect the cost of receiving legal advice at this stage should exceed NZ$2,000 (plus GST). You will need to ask the lawyer to send their invoice or bill to [email protected].
If your legal costs at this stage exceed NZ$2,000 (plus GST), you will need to pay any legal costs above the Dilworth Redress Programme contribution of NZ$2,000 (plus GST).
Yes, you must receive independent legal advice prior to signing the Statutory Declaration and Settlement Agreement. This is a condition of the Dilworth Redress Programme.
Yes, the Dilworth Redress Programme will pay your reasonable legal costs (up to a set limit) to enable you to have independent legal advice when deciding whether to accept or reject your Settlement Agreement. We do not expect the cost of receiving legal advice at this stage and completing the Statutory Declaration and Settlement Agreement should exceed NZ$3,500 (plus GST). You will need to ask the lawyer to send their invoice or bill to [email protected].
If your legal costs at this stage exceed NZ$3,500 (plus GST), you will need to pay any legal costs above the Dilworth Redress Programme contribution of NZ$3,500 (plus GST).
No legal advice is required if you do not wish to accept a Redress Offer.
Yes, the Dilworth Redress Programme will pay your reasonable legal costs to enable you to have independent legal advice when deciding whether to accept or reject your Offer/Determination and Settlement Agreement. We do not expect the cost of receiving legal advice at this stage should exceed NZ$3,500 (plus GST). You will need to ask the lawyer to send their invoice or bill to [email protected].
If your legal costs at this stage exceed NZ$3,500 (plus GST), you will need to pay any legal costs above the Dilworth Redress Programme contribution of NZ$3,500 (plus GST).
Your independent legal advice may be sought from any independent lawyer in practice in New Zealand. If you are not based in New Zealand and prefer to seek advice in your country of residence, please discuss options with your Redress Facilitator.
For further information on legal advice, please contact your Redress Facilitator, or the Administrator on [email protected] or 0800 888 744.
Obtaining financial advice is not a compulsory part of the Dilworth Redress programme. However, you may find it helpful to speak with a professional for advice about what to do with your redress Award.
Dilworth Response will pay for two financial advice consultations up to NZ$500+GST each for a total of NZ$1000+GST.
It is most appropriate to obtain financial advice after you have received the Offer from the Redress Panel (following their determination), and before you receive your Settlement Award which is triggered by the signing of your Settlement Agreement. The timing of the Settlement Agreement is at your discretion.
You can seek advice from anyone you choose, but Dilworth will pay for this professional advice only from advisers that you engage who are currently registered on the NZ Financial Service Providers Register.
The payment for your financial advice from Dilworth Response is paid directly to the financial adviser and you will be responsible for any costs above the Dilworth Response-funded $1,000+GST. Dilworth Response’s funds cannot be used towards any investments, or in any way other than to subsidise your financial advice.
Disclaimer: The following names of financial advisers are provided solely for your general information; they are not a recommendation from the Dilworth Trust Board or any other party associated with this programme. In choosing to engage a financial adviser to advise you, you do so entirely at your own risk and Dilworth Trust Board takes no responsibility for, nor any liability for, your choice of financial adviser nor your use of information about financial advisers on this website.
If you are not based in New Zealand and prefer to seek advice in your country of residence, please discuss options with your Redress Facilitator.
For further information on financial advice, please contact your Redress Facilitator, or the Administrator on [email protected] or 0800 888 744.
You can find out about the way we collect personal information in our Privacy Statement.
No - members of the Dilworth Trust Board will not know the identity of any applicants for redress. However, it is necessary to disclose some personal identifiers about an applicant (such as name, years of attendance at School and age) to Dilworth School in order to facilitate the request for information related to the Application for Redress (but we will never disclose other information about an application in this way).
The Dilworth Trust Board will be notified when an Applicant receives a Redress Offer.
We will use personal information only for the purposes of considering an Application for Redress and managing our processes. This will include using the information in the following ways:
We take all reasonable steps to protect the personal information we hold.
Wherever possible, the Dilworth Redress Programme will collect personal information about a person from that person. For example, we will collect a large amount of the personal information we need directly from an applicant in their application or during interviews with Redress Facilitators. However, in some cases, it will not be possible for us to collect personal information directly from the individuals concerned, such as when we need to collect personal information that the individual concerned does not hold.
We must collect a copy of an Applicant’s school file from Dilworth School. However, we will only collect personal information from other sources – such as lawyers, healthcare providers, the Dilworth Independent Inquiry, the Police, or the Royal Commission of Inquiry into Abuse in Care, with the individual’s consent.
The Dilworth Redress Programme will retain personal information only for as long as we have a lawful purpose to use it. Initially, we will retain the information for the duration of the Dilworth Redress Programme plus an additional six years to manage any matters associated with an Application for Redress, such as to assist applicants to make separate applications to government redress programmes in the future. After this time, we will reassess the situation, working with applicants to understand their needs and expectations in relation to this important information.
We want to ensure that applicants do not have to provide their information to the Dilworth Redress Programme if they have already provided it to the Dilworth Independent Inquiry. We wish to minimise the potential for stress and trauma. We will only collect this information from the Dilworth Independent Inquiry if you give written consent for us to do so. Likewise, if you wish, you can also give us consent to provide your information to the Dilworth Independent Inquiry.
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