Civil Claims for Historical Abuse: The Current Legal Landscape
How are civil claims for historical abuse being treated in New Zealand? Hear directly from the practitioners working on abuse claims and get the latest on affirmative defences and the settlement processes. Examine the role of the Accident Compensation Corporation (ACC) and the types of cover, and gain insight into Māori experiences of abuse in State and faith-based care. Don’t miss out on this truly informative programme looking at the issues currently before the Royal Commission. WEB216NZA12
Description
Attend and earn 3 CPD hours
Chair: Lisa Preston, Barrister
9.15am to 9.20am Opening Comments by the Chair
9.20am to 10.20am Understanding the Current Legal Landscape: How Claims are Progressed in New Zealand
- Litigating historic claims: tort
- Affirmative defences: the Limitation Act, ACC and statutory immunities
- Settlement processes: claims against the State
- The New Zealand Bill of Rights Act 1990
Presented by Amanda Hill, Partner, Cooper Legal
10.20am to 11.20am Assessing Injury for Cover and Compensatory Entitlements in Historic Abuse Claims
- Role of the ACC
- Intricacies of ACC law
- Types of cover
- Entitlements
- Law reform
Presented by Brittany Peck, Solicitor, John Miller Law
11.20am to 11.30am Break
11.30am to 12.30pm The Royal Commission of Inquiry into Historical Abuse: Māori Experiences of Abuse in Care
Receive insight into Māori experiences of abuse in State and faith-based care.
Presented by Annette Sykes, Director, Annette Sykes & Co
Learning Objectives:
- Gain insight into how civil claims for historical abuse are progressing and the settlement processes
- Understand how the ACC assesses injury for cover and the compensatory entitlements in historic abuse claims
- Reflect on Māori experiences of abuse in State and faith-based care
Presenters
Lisa Preston, Barrister
A barrister with over 25 years’ experience, after practising as senior Crown counsel Lisa joined the independent Bar in 2014. A trial and appellate lawyer, she represents national and local clients, individuals and Government agencies including in medico-legal litigation, professional disciplinary, health and safety and serious criminal investigations and prosecutions. Lisa is regularly appointed counsel to assist the Court, including in the High Court and Court of Appeal and in the Coronial jurisdiction. Lisa is appointed to the Solicitor-General's Senior Crown Prosecution Panel and the interim Independent Counsel Advisory Panel of Te Kāhui, the Criminal Cases Review Commission, and has held appointment as senior counsel assisting a Royal Commission of Inquiry. She is a guest lecturer in the Faculty of Law, Otago University, and Faculty member of the New Zealand Law Society Litigation Skills programme.
Amanda Hill, Partner, Cooper Legal
Amanda has been working as a lawyer since 2005. She began her legal career as a graduate with Cooper Legal before working in an insurance and commercial litigation team and as an in-house employment lawyer. Amanda rejoined Cooper Legal in August 2014. Amanda works on historic abuse claims against the Ministry of Social Development, the Ministry of Education and various Churches, as well as entities contracted by the government to care for children. Amanda can advise on privacy and discrimination issues and has a growing practice in the area of prisoner rights, seeking compensation for breaches of the rights of prisoners or people detained by the Police. Together with Sonja Cooper, Amanda provided factual and expert evidence to the Royal Commission of Inquiry into Abuse in Care about redress processes and continues to assist survivors to give evidence at Royal Commission hearings. Amanda has a volunteer role with the youth organization InsideOut Kōaro.
Brittany Peck, Solicitor, John Miller Law
Brittany Peck has a BA/BSC and LLB and has been working at John Miller Law since 2012. She practices in the areas of criminal law, mental health law, and ACC law. She specialises in treatment injury and mental injury cases.
Annette Sykes, Director, Annette Sykes & Co
Annette is a Principal of her own law firm Annette Sykes & Co which has a strong focus on all aspects of law as they affect Maori. She has been a committed human rights activists in a range of contexts and is committed to effecting constitutional change to ensure that He Whakaputanga and Te Tiriti o Waitangi are embedded as the foundational constitutional documents of Aotearoa/ New Zealand. Annette has been a Director of a number of companies that were established as a consequence of litigation initiated against the New Zealand Government to uphold Maori customary fishing rights. She was a founding member of the Maori Broadcasting Agency, Te Mangai Paho which was established as a consequence of claims by Maori to protect Maori language for present and future generations. Annette has also practised extensively in the Family and Criminal jurisdictional Courts of New Zealand. In the early part of her practice she was a youth advocate and counsel for the child. She is presently leading a number of claims before the Waitangi Tribunal to highlight the systemic discrimination that Maori Whanau suffer because of the practices and policies that guided CYFS and now Oranga Tamariki. She is a member of the Maori Law Commission which seeks to re-establish the operation of Maori systems of law and custom in Aotearoa.