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.
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.
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.
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.
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.
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 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.
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.
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:
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.
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:
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. We strongly encourage applicants to obtain their own independent financial and tax advice.
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.
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.
That will be for the Independent Inquiry commissioned in June 2022 to determine.
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.
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.
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.
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]
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.
Please refer to the Legal advice for Applicants section below.
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.
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.
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.
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.
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.
Unless an old Boy survivor wishes to present to the Panel members, he will not need to have any contact with them.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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).
Yes, you must receive independent legal advice prior to signing the Statutory Declaration and Settlement Agreement. This is a condition of the Redress Programme.
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).
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.
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).
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/
For further information on legal 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.
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).
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 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.
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.
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.
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.
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.
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.