This page includes answers to questions about the independent Dilworth Redress Programme. They are grouped under four subject headings:

  • Redress
  • Eligibility
  • Dilworth Redress Programme processes
  • Timeframe
  • Privacy and confidentiality.

For questions about the Dilworth Trust Board’s response to historical abuse, please visit dilworthresponse.org.nz.

For questions relating to the Independent Inquiry commissioned in June 2022, please visit dilworthinquiry.org.nz.

Frequently Asked Questions

If you have a question that is not answered here, please get in touch via the Contact Form or call the Redress Programme Office on 0800 888 744 (Monday-Friday 9am-5pm) and we will do our best to answer it for you.

Redress

What forms of redress other than financial redress will be available under the Dilworth Redress Programme?

Offers of redress will be tailored to each individual Old Boy survivor and could include access to confidential counselling and psychological services; a direct personal response from Dilworth, including an apology; a redress payment; and other forms of redress which may be requested by the survivor. The Dilworth Trust Board will have no control or influence over the independent Panellists and will be bound by their decisions on the redress to be provided to each Old Boy.

Is it proposed that Dilworth would apologise directly to a survivor for the abuse?

Yes, if this is the wish of the Old Boy survivor (or the family of an Old Boy survivor who has died) and is part of the offer of redress that is accepted. Dilworth would value the opportunity to make a direct personal apology in a form, on terms, and at a venue agreed with the Old Boy survivor.

Why should I consider the Dilworth Redress Programme rather than wait for a government programme, or take other action?

Old Boy survivors (or families/estates of Old Boy survivors who have died) can accept the offer of redress or choose to not do so. Even if they have accepted an offer of Redress from the Dilworth Redress Programme, 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.

If an Old Boy survivor accepts the offer of redress it will be in full and final settlement of all claims he may have against the Dilworth Trust Board for the abuse.

What financial redress is available as part of the Dilworth Redress Programme?

The independent Redress Panel may offer personalised financial and other redress to Old Boy survivors on a fair and equitable basis. It is proposed that in any one case, up to $200,000 be available to the Redress Panel from which they may award financial redress to an Old Boy Survivor. In cases that the Redress Panel believes are exceptional when compared to other cases, it is able to award a figure for financial redress of up to $300,000.

How will financial redress be determined for each Old Boy survivor?

The Dilworth Redress Programme Terms outline that the level of any financial redress would be at the discretion of the Panel. In determining the amount of financial redress, they will have regard to:

  • the nature of the abuse;
  • the extent of the abuse;
  • the impact of the abuse on the survivor, including the immediate, short- and long-term physical, psychological, emotional, social relational and financial impacts, whether direct or indirect;
  • the individual vulnerability of the survivor;
  • the degree of failure on the part of Dilworth in its care and protection of the survivor, including the failure to protect the survivor from a known or suspected abuser;
  • any aggravating features relating to the abuse or Dilworth’s response to the abuse, for example whether Dilworth silenced or punished the survivor when they complained of the abuse; and
  • the integrity of the Programme (like cases being treated alike, and more serious cases receiving greater awards).

How will the Dilworth Redress Programme ensure there is sufficient evidence to support a claim?

The Dilworth Redress Programme is designed to be fair, balanced and responsive to the needs of Old Boy survivors during their participation in the process. The standard of proof required for the Programme shall be that of a “reasonable likelihood”. The starting position for the Panel when considering an application for redress is that Old Boy survivors will be believed, unless there is compelling evidence to the contrary.

How will the Redress Programme ensure that all applicants are Dilworth Old Boys?

An Old Boy survivor 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 Old Boy survivor are protected and respected as well as maintaining the integrity of the Redress Programme. For Old Boy survivors who are located outside of New Zealand, a certified copy of their identity will be required. 

What happens if an Old Boy survivor decides to accept a redress offer from the Redress Programme?

If an Old Boy survivor decides to accept a redress offer, the Old Boy survivor and the Dilworth Trust Board will sign a Settlement Agreement. Before doing so the Old Boy survivor 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:

  • It will set out in detail the redress as offered in the award issued by the Redress Panel and the details required to give effect to it;
  • If the Old Boy survivor accepts redress it will be in full and final settlement of all claims relating to the abuse he may have against the Dilworth Trust Board.

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 Old Boy survivor receiving a redress payment, counselling and an apology. 

Do survivors have a ‘right to be heard’ by the Redress Panel?

Yes they do.  Applicants for redress are entitled to meet with the Panel in ‘right to be heard’ meetings (contact your Redress Facilitator to facilitate this).  Please note:

  • These meetings are entirely optional for applicants;
  • Meeting with the Panel will not provide any advantage in terms of the redress offered, including the amount of financial redress;
  • Not meeting with the Panel will not result in any disadvantage to those applicants who elect not to meet with the Panel;
  • The Panel will determine the redress offered, including the amount of financial redress, on the basis of the information provided by applicants in their written Redress Applications.

Therefore, it is important that applicants provide all relevant information in their written Redress Applications.

Will redress payments be taxed?

Redress payments will not be subject to New Zealand tax. For further information, please refer advice provided by Chapman Tripp. We strongly encourage applicants to obtain their own independent financial and tax advice.

Eligibility

Who will be eligible to apply for redress under Dilworth’s Redress Programme?

The Dilworth Redress Programme is available to any Dilworth Old Boy survivor of 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. 

Families/estates of Old Boy survivors who have died can also make an application for redress.

Why do the Dilworth Redress Programme Terms say that a redress application can be made for sexual abuse by another student “where sexual abuse of that student was made known to a Dilworth representative who then failed to take reasonable steps to prevent further instances of abuse, or where the sexual abuse was otherwise encouraged or permitted by a Dilworth representative”?

The Terms were expanded after feedback from Old Boy survivors, those affected by abuse, the wider Dilworth community, and legal representatives of Old Boy survivors. 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 address the abuse.

How widespread has sexual abuse by one Dilworth student of another Dilworth student been?

That will be for the Independent Inquiry commissioned in June 2022 to determine.

What is the definition of ‘serious physical abuse’ in the Dilworth Redress Programme Terms?

Considering the definition of ‘serious physical abuse’ will be a matter for the Redress Panel to assess, taking account of the experience of Old Boy survivors, and the impact the physical abuse has had on an Old Boy survivor.

What happens if an Old Boy survivor has died?

In the case of an Old Boy survivor who has passed away, the estate of the survivor can make a claim for redress.  The application process will be similar to that for Old Boy survivors making applications and families will be assisted by the Redress Facilitators to complete their application. 

Can family members of Old Boy survivors who have died claim redress?

A family member cannot make an application for redress to the Redress Programme for the harm that they have personally suffered as a result of the abuse the Old Boy survivor experienced. Instead, the estate of the Old Boy survivor can make an application for redress. The redress awarded by the Redress Panel may include an apology to the family members, if this is what they want. However, if a family member wishes to bring a claim for the harm they personally suffered they must do so by making a claim directly to the Dilworth Trust Board.

What happens if an Old Boy survivor is incapacitated and is unable to make a claim for Redress? Can another person make a claim on his behalf?

If an Old Boy survivor is incapacitated, a family member or friend can make an application for Redress on their behalf. An enduring power of attorney may be needed; however this will depend on the individual circumstances. Further information can be sought from the Redress Programme Administrator on 0800 888 744 (Monday-Friday 9am-5pm) or [email protected]

What happens if an Old Boy survivor makes a claim and is awarded redress before the Independent Inquiry issues its report?

An Old Boy survivor can make an application for redress, but ask for consideration of it to be delayed until the independent Redress Panel has seen the findings of the Independent Inquiry and any new information relevant to the Old Boy survivor’s application.

After the Independent Inquiry’s report is published, the Redress Panel may, at their discretion, review any awards for redress it has already made if it considers it appropriate to do so in light of the Inquiry’s findings and recommendations.

Dilworth Redress Programme Processes

Would an Old Boy survivor need a lawyer to help prepare their application?

Please refer to the Legal advice for Applicants section below.

Does an Old Boy survivor need to make an application for redress in order to contribute to the Independent Inquiry?

The two programmes will run concurrently and independently of each other, with no oversight, influence or involvement by the Dilworth Trust Board. Old Boy survivors will have the option to participate in either or both programmes. There is no requirement for Old Boy survivors who wish to apply for redress, to also participate in the Independent Inquiry’s proceedings. These are entirely separate.

Can an Old Boy survivor have access to the same support person for both the Redress Programme and the Independent Inquiry?

If the Survivor has engaged in the Inquiry, they will be entitled to have access to, and contact with, the same support person for both the Inquiry and Redress Programme.

What interim financial assistance will be available to help Old Boy survivors?

If an Old Boy survivor needs to travel to meet with the Redress Facilitator, to present to the Panel or to receive an apology from Dilworth, reasonable travel costs for the survivor and a support person will be covered by the Dilworth Redress Programme.

If an Old Boy survivor is given interim financial assistance, to help pay legal costs or for travel in relation to completing his application, will the dollar amount of this assistance be deducted from any subsequent financial redress the survivor might be awarded?

No. These costs will not be taken into account by the Panel and will not be deducted from a redress payment. They will not affect the Old Boy survivor’s ability to access support services to assist them in engaging with the Programme.

Would an Old Boy survivor need to interact with Dilworth School or the Dilworth Trust Board if they apply for redress?

No. Throughout the redress process, the Old Boy survivor would not need to have any dealings with Dilworth unless the Old Boy survivor wishes to, such as receiving an apology in person from Dilworth as part of the terms of any redress agreement awarded by the Panel.

What interaction would an Old Boy survivor need to have with the independent Redress Panel members?

Unless an old Boy survivor wishes to present to the Panel members, he will not need to have any contact with them.

Does the Redress Programme require applicants to undergo an independent psychological assessment?

This is not required for all applications to the programme, however an independent psychological assessment may be requested by the Panel as part of their decision making process.

Can Old Boy survivors request to have their redress applications assessed after the Independent Inquiry has delivered its report?

Yes, an Old Boy survivor can request that the Panel considers their redress application before or after the Independent Inquiry report is completed and published.

Timeframe

When will the Redress Panel begin considering Old Boy survivors’ applications for redress?

As soon as the Panel has received a sufficient number of completed applications to allow the Panellists to be comfortable about making equitable decisions about claims for Redress.

How long would an individual claim process take?

This will depend on the volume of applications received by the Programme. The Programme’s secretariat will ensure that Old Boy survivors are kept informed of likely timeframes.

Old Boy survivors who need their applications prioritised due to ill health or age can indicate this on the registration form.  Applications can also be put on hold at any point in the process and then continued at a later date.

Does the Redress Programme cover abuse committed at any time?

The Redress Programme is not time-bound. Claims may be made by Old Boy survivors relating to abuse that took place at any point in time.

What is the suggested end date for the Redress Programme, or a cut-off date after which claims can’t be lodged?

There is no set term for the Redress Programme, although after an initial term of three years the independent Redress Panel would have discretion to bring the Programme to an end.

When the Government establishes its puretumu torowhānui redress programme, Dilworth may be required to include its Redress Programme in the Government scheme. If this is the case, the Dilworth Redress Programme will provide the maximum possible notice to allow Old Boy survivors to apply to the Dilworth Redress Programme before it is required to end. All existing claims will continue to be processed where possible. 

Do I need legal advice before registering for the Dilworth Redress Programme?

We do not expect you will need to seek legal advice prior to registering for the Dilworth Redress Programme.  This is because registering for the Programme does not create any obligations for you nor does it compromise any of your rights, and you can view the Redress Programme Terms of Reference on the Dilworth Redress website. 

However, we recognise that in some situations, you may wish to seek legal advice at this stage.  The Redress Programme will support you if you want legal advice at this time.

Will the Redress Programme pay if I choose to seek legal advice before registering for the Dilworth Redress Programme?

Yes, if you consider you need legal advice at this stage, the Redress Programme will pay for reasonable legal costs up to a maximum amount of $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 $1,000 (plus GST), you will need to pay any legal costs above the Redress Programme contribution of $1,000 (plus GST). 

Do I need legal advice before submitting an Application to the Redress Panel?

We do not expect you will need to seek legal advice prior to submitting your Application to the Redress Panel.  This is because the 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 Redress Programme will support you if you want legal advice at this time.

Will the Redress Programme pay if I choose to seek legal advice before submitting my Application to the Panel?

Yes, if you consider you need legal advice at this stage, the Redress Programme will pay your reasonable legal costs.  We do not expect the cost of receiving legal advice at this stage should exceed $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 $2,000 (plus GST), you will need to pay any legal costs above the Redress Programme contribution of $2,000 (plus GST). 

Do I need legal advice prior to accepting a Redress offer?

Yes, you must receive independent legal advice prior to signing the Statutory Declaration and Settlement Agreement.  This is a condition of the Redress Programme. 

Will the Redress Programme pay for my legal advice before accepting my Redress offer?

Yes, the Redress Programme will pay your reasonable legal costs to enable you to have independent legal advice when deciding whether to accept or reject your Redress offer.  We do not expect the cost of receiving legal advice at this stage and completing the Statutory Declaration and Settlement Agreement should exceed $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 $3,500 (plus GST), you will need to pay any legal costs above the Redress Programme contribution of $3,500 (plus GST). 

Do I need legal advice prior to rejecting a Redress offer?

No legal advice is required if you do not wish to accept a Redress offer.  However, you may choose to receive legal advice prior to rejecting your offer.  The legal advice may be helpful to assist you in deciding whether to accept or reject your redress offer. 

Will the Redress Programme pay for my legal advice if I decide to reject my Redress offer?

Yes, the Redress Programme will pay your reasonable legal costs to enable you to have independent legal advice when deciding whether to accept or reject your Redress offer.  We do not expect the cost of receiving legal advice at this stage should exceed $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 $3,500 (plus GST), you will need to pay any legal costs above the Redress Programme contribution of $3,500 (plus GST). 

Who can I seek legal advice from?

You are free to seek legal advice from any independent lawyer in New Zealand or in your country of residence – other than lawyers who act for Dilworth.  If you are already receiving legal advice relating to abuse at Dilworth, you can continue to use your current lawyer. 

We are aware that the following lawyers have provided advice to other Dilworth Old Boy survivors and have experience dealing with historical abuse cases.  Inclusion of these names is not a recommendation. 

Shine Lawyers
Offices in Auckland and Christchurch
www.shinelawyers.co.nz
0800 Shine Law

Cooper Legal
Offices in Wellington
www.sonjacooperlaw.co.nz
04 499 9025

The Royal Commission of Inquiry into Abuse in Care has also published a list of lawyers in 17 towns and cities across New Zealand who are assisting Survivors to participate in the Royal Commission.  This list can be found here: https://www.abuseincare.org.nz/for-survivors/legal-assistance/

How can I get further information?

For further information on legal advice, please contact your Redress Facilitator, or the Administrator on [email protected] or 0800 888 744.

Privacy and confidentiality

You can find out about the way we collect personal information in our Privacy Statement.

Will the Dilworth Trust Board be notified when an Old Boy survivor registers with the Dilworth Redress Programme?

The Dilworth Trust Board will be notified of all registrations for redress. This is required so that the Old Boy survivor’s school file can be provided to the Dilworth Redress Programme. We will need to disclose some personal identifiers about an Old Boy survivor – 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).

Will the Dilworth Trust Board be notified when an Old Boy survivor receives a redress offer from the Panel?

The Dilworth Trust Board will be notified when an Old Boy survivor receives a redress offer. The information will be in two parts to ensure that only those who need to access detail about abuse and impact can do so:

  • The first layer (Redress Award Summary) will contain basic information about the redress award and the steps required to complete the award. This information will be accessed and used by the Dilworth Trust Board and any Dilworth staff who have a role in providing the redress, such as providing a formal apology to the Old Boy survivor.
  • The second layer (Summary of Facts) will contain more sensitive information about the abuse suffered and the impacts of this abuse. This information will be securely archived by the Dilworth Response team. Dilworth will access and use the Summary of Facts only when necessary and as permitted by the Privacy Act, including for the purposes of managing any civil claims relating to matters about which a redress award has been made.

The Dilworth Trust Board will not be notified if an Old Boy survivor withdraws an application from the Programme, prior to a redress offer being made.

How will the Redress Programme use and share the personal information an Old Boy survivor provides?

The Redress Programme is committed to managing personal information with sensitivity and respect. We will use personal information only for the purposes of considering an application for redress and managing our processes. We will need to disclose personal information to third parties in some cases but will only share information in this way if we need to in order to manage the redress processes. 

The third parties we may disclose personal information to include the Dilworth Independent Inquiry (with your consent) to access your prior statement, emergency services if there are concerns about your safety and wellbeing, Dilworth School to access your school file, or Dilworth Trust Board to advise it of the Redress Panel’s decision regarding a redress award in response to your application. 

How will the information an Old Boy survivor provides to the Redress Programme be kept secure?

We take all reasonable steps to protect the personal information we hold. We ensure that Redress Programme staff and the Independent Panel Members access and process personal information only within our secure Microsoft 365 and AWS software, and that people can access only the personal information they need to perform their functions. 

Who will the Redress Programme collect personal information from?

Wherever possible, the 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 Old Boy survivor 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 Old Boy survivor’s school file from Dilworth School. However, we will only collect personal information from other sources – such as lawyers, healthcare providers, the Inquiry, the Police, or the Royal Commission of Inquiry into Abuse in Care, with the individual’s consent.

What will happen to an Old Boy survivor’s personal information once the Redress Programme is completed?

The 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 Redress Programme plus an additional six years to manage any matters associated with an application for redress, such as to assist survivors 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.

Will the Dilworth Redress Programme be able to see the statement an Old Boy survivor has made to the Dilworth Independent Inquiry?

We want to ensure that survivors do not have to provide their information to the Redress Programme if they have already provided it to the Inquiry. We wish to minimise the potential for stress and trauma. We will only collect this information from the 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 Inquiry.