Justice for New Zealandds Stolen Generation: The State's Criminal Responsibility for Historical Institutional Child Abuse

Abstract

The New Zealand Government has been increasingly pressured to establish an independent public inquiry into the abuse and neglect of children in social welfare residences between the 1950s to the 1990s. This paper seeks to determine a response to historical institutional child abuse in New Zealand that achieves justice for victims. The State should be held criminally responsible for historical institutional child abuse in New Zealand by responding to it in a way that recognises its criminal nature. Although New Zealand’s criminal law does not provide for the criminal prosecution of the State for historical institutional child abuse, and legislating a retrospective offence would be inappropriate, a restorative justice process should be used to recognise the criminal responsibility of the State.