Royal Commission's Call to End Time Limits on Abuse Cases Goes Unheeded a Year Later

More than a year has passed since the Abuse in Care Royal Commission of Inquiry submitted its final report to Parliament, urging the government to abolish the legal time limits that prevent survivors of historic abuse from seeking justice in civil court. Despite the clear and compelling recommendations, the government has yet to take action, leaving survivors of abuse in a vulnerable position.

The report, titled Whanaketia – Through pain and trauma, from darkness to light, was published on July 24, 2023. It highlighted the profound trauma experienced by thousands of survivors of childhood abuse in state and faith-based institutions between 1950 and 1999. A key finding was how the silence, disbelief, and failure of legal systems to respond often exacerbated the harm these individuals had already suffered.

Under current New Zealand law, survivors of abuse generally have six years from the time the harm occurs to bring a civil claim. This is set out in the Limitation Act 2010 for events after 2011, and in the Limitation Act 1950 for earlier events. However, for survivors of historic abuse—especially childhood abuse—this six-year window is often unrealistic, as trauma and the process of disclosure can take far longer.

The Limitation Act 1950 allowed for the clock to pause if a claimant was under a