The Ministry of Health is being accused of sitting on a state abuse survivor's compensation claim. Photo: RNZ / Angus Dreaver
The Ministry of Health is being accused of sitting on a state abuse survivor's compensation claim for weeks, knowing she had cancer and was about to die.
Wellington lawyer Sonja Cooper wrote to the ministry on 7 October, flagging her client had terminal cancer and "weeks left to live".
"We would appreciate if the Ministry of Health could prioritise assessing [her] claim give the time-limiting circumstances," the email said.
More than two weeks later, on 23 October, the ministry's chief legal advisor Phil Knipe wrote back, "confirming that we will look to prioritise the claim".
Knipe attached a criminal declaration form to his response, asking Cooper Legal to get the dying woman to complete it to "get that out of the way".
The declaration asks survivors if they've been convicted of a violent, sexual or firearms offence for which they were sentenced to more than five years' jail.
The options for selection are 'yes', 'no' or 'unsure', though it carries a warning that "random criminal conviction history checks will be carried out".
The coalition has introduced these criminal checks to ensure the granting of financial redress "does not bring the state redress system into disrepute".
Though a bill to legislate this criminal carve has only passed its first reading, survivors are already being asked to fill them out.
Cooper Legal wrote back to the ministry the day Knipe replied, pushing for an exception to completing this form.
"This is a considerable administrative task, especially considering the delays and hoops to jump through to get a valid form of ID if someone does not already have it.
"Considering [our client] has weeks left to live (and other survivors will be in a similar situation), these delays could be the difference between getting redress or not."
Knipe replied the next day: "I'm not aware of any plans for an exemption for any survivors...there may be flexibility on the form of ID in those cases where there is a reason why they do not have one of the forms of ID requested."
Cooper Legal got a signed declaration form to the ministry on Sunday morning. The client died that night.
Wellington lawyer Sonja Cooper. Photo: RNZ / Aaron Smale
The Minister leading the Crown's response to abuse in state care, Erica Stanford, has since confirmed the criminal declaration form applies to all survivors, including those terminally ill.
Though she added: "If there's anyone that's been caught up and it's delaying things, then that's something I'll go and talk to my officials about because it shouldn't."
Stanford's office has since come back to RNZ about this case.
"The Crown Response Office has been in touch with the Ministry of Health and reminded them where a person is terminally ill, this exemption process exists and should be used.
"We understand the way is clear for the claim to be progressed and the Ministry of Health will be in contact with Cooper Legal to progress it."
A Ministry of Health spokesperson said: "Our thoughts are with the claimant's whānau and friends at this time.
"The ministry has passed on its regret to the law firm representing the claimant that the claim was unable to be completed within time. The ministry has been treating this claim with urgency since it was received on 7 October.
"We sought clarification from the Crown Response Office regarding the ministerial exemption process and will ensure this is also followed for any future cases involving claimants with terminal conditions.
"We are working to finalise the claim as quickly as possible."
The Minister leading the Crown's response to abuse in state care, Erica Stanford. Photo: RNZ / Mark Papalii
Cooper said the system was "abhorrent".
"Why should somebody who is terminally ill, hospitalised, unable to move, in their last few weeks or months of life, why should they be put through this additional hurdle to get redress when it is hard enough, in any event, to go through the redress processes.
"I just think it's abhorrent and it just shows a complete lack of humanity on the part of the state, once again, towards survivors it abused, mostly as children, but also as vulnerable adults, in its care."
The government has received one expedition request on the basis of a survivor being terminally ill to date. It was approved the day it was made.
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