MSD Fast Track Scheme – Do Not Accept this Offer

Minister for Social Development, Anne Tolley, recently announced a widely slated fast track scheme to resolve cases of historic abuse.

To any and all historic abuse claimants, do not accept this offer without first seeking legal advice (contact Sonja Cooper at Cooper Legal, 63-73 The Terrace, Wellington, 6011, New Zealand +64 4-499 9025).

As Cooper legal has put it while talking to media:

“Lawyer Sonja Cooper was “dismayed” at (the) unexpected announcement.

…”It will infringe [on] the basic rights of hundreds of people.”

“Ms Cooper says that the process will suit some of the firm’s clients, and where that is the case the firm will recommend they ‘opt-in’ to the process. However, the process will be selling most victims short, unless the Ministry addresses the fundamental problems with it.”

I understand that many of you are desperate to have your claims resolved but wait a couple of weeks until the UN Committee Against Torture findings pertaining to the NZ State’s handling of the historic claims are announced.BREAKING NOW …. UN Committee Against Torture finds New Zealand in Violation of Historic Abuse Claimants Human Rights

The fast track system is yet another cynical ploy by the NZ Government to deny you of fundamental human rights which are supported by international law.  NZ is in breach of International law and we are expecting them to be called to task by UN very shortly.

At this point the UNCAT have made a very telling statement which reads:

(Quote)

JENS MODVIG, Committee Expert and Rapporteur on follow-up to concluding observations, said the aim of the Committee’s follow-up procedure on periodic State party reporting was to establish changes that occurred as a result of the Committee’s recommendations to a State party.  Since the recommendations selected for the follow-up procedure had to be achievable within one year, the Committee decided the procedure should be limited to four issues which involved serious concerns and were protective in their nature.  The four issues were: access to fundamental safeguards in connection with the deprivation of liberty; prompt, impartial and effective investigations of allegations of torture and ill-treatment; prosecution of persons accused of acts of torture and punishment if found guilty; and redress to the victims of torture or ill-treatment.

(End Quote)

Link: http://www.unog.ch/unog/website/news_media.nsf/%28httpNewsByYear_en%29/EEF81A87BC887DA0C1257E3D00521E87?OpenDocument

Based on New Zealand’s flagrant disregard for human rights and numerous violations of their international legal obligations as a signatory party of the Convention Against Torture, reading between the lines we expect the New Zealand Government will be called to task in the Committee’s findings and concluding observations which are due to be released in the next week or so. Stay tuned!

Media surrounding  the MSD fast track scheme can be found at these links (below):

Historic Abuse Victims Deserve Real Justice (Jacinda Ardern, Opposition Minister for Social Development 7/5/2015)  http://www.scoop.co.nz/stories/PA1505/S00128/historic-abuse-victims-deserve-real-justice.htm

Payout for abuse victims ‘deeply flawed’ 7/5/2015 http://www.stuff.co.nz/national/politics/68350176/payout-for-abuse-victims-deeply-flawed

Historical abuse claims process criticized (Myself talking to Radio National  8/5/2015)  http://www.radionz.co.nz/news/national/273106/historical-abuse-claims-process-criticised

Bid to clear historical abuse claim backlog (Minister for Social Development putting her cynical spin on things….Radio National  8/5/2015) http://www.radionz.co.nz/news/political/273056/bid-to-clear-historical-abuse-claim-backlog

Government abuse victims offered fast track to compensation (TVNZ, 7/5/15) http://tvnz.co.nz/national-news/government-abuse-victims-offered-fast-track-compensation-6309132/video

3 comments on “MSD Fast Track Scheme – Do Not Accept this Offer

  1. Bill Earnshaw on said:

    I was under Sonja Cooper for my Historic Abuse claim. I felt forced to take the Government MSD fast track offer. They never took into account a part of my claim, where at just 15 years of age, was sent to Borstal, where I was horribly tortured, and seriously sexually abused and ohysically attacked. I was under 17 years of age, and still legally under child welfare, yet they said it was under the Justice Dept.
    I received $40,000, but of course was, as still now, in a very bad state of mind with severe PTSD, and was in no state to manage the money. It also felt like blood money. I also never received the promised letter of apology. At the time, I had not long separated from my wife of 32 years, and living near my eldest son who has a gambling addiction and ripped me off for thousands of dollars.
    I would like to talk to others who have also been made State awards through no fault of their own, and taken from their Mothers by the State.
    I have had years of counselling, but no one or any amount of money can make up for the loss of my childhood, the torture, the abuse, and stuffed up adult life I have suffered since aged 8 years old, and now 62 years old. I am alone, no family, no friends, lonely, and still suicidal, after a serious attempt on my life 31 July 2013.

    • Admin on said:

      Thanks for sharing Bill – it is important we speak to others and tell our stories. Our experiences are the history – a history that should never be repeated but still is… Just to clarify the scheme you went through was the MSD process and not the new fast track scheme we are talking about here. Certainly the old MSD process was faster than the law/legal route but I believe the average time it takes to process a claim under the MSD process is over 2 years but some people have been waiting 5 years or more. The new fast track scheme mentioned here is to reduce these waits for claimants. The new fast track system lacks transparency and has been widely criticized hence the warning. Now the UN have waded in on NZ and pulled them up on human rights violations in the historic claims process we are hoping to see an independent panel assess claims and also hoping claims that have already been processed will be looked at again by the panel. Kia kaha my friend… Thanks for sharing.. site admin

  2. Peter Lowrie on said:

    In May 2015 I felt compelled to write Anne Tolley Minister of MSD. A month later I had no reply so I wrote a reminder. Another 21 days elapsed and I wrote again telling her I am complaining to her boss, the NZ Prime Minister about her offices’ slovenly administrative behaviour. The ‘fast-track’ is a joke and has not even left the starting gates.
    My overarching question is; how is it just that a 15yr old is imprisoned in solitary for three days and received a settlement of $8k and they offer the same for me who spent three times longer than that (in solitary), my dinner was tipped onto the floor and I was made to pick it up back onto the plate for consumption (the offender will be named presently) I was in lock-up for two weeks and made to sleep on the floor of the cell, there not being enough beds in the cell. I was tortured in the gym by being forced into physical exercise beyond any semblance of reasonableness and stepped on multiple times by a giant of a man. When finally I was released into the general population I was subjected to multiple ‘head-smashes’ and ‘dead-legs’ by an enormous thug (screw) named Krippna whilst awaiting showers draped only in a towel. This screw hated teenagers, yet I was in there to be safe from extreme physical abuse at home – I was not there under any sentence or bail, I was simply a ‘ward of the state’. Yet I was treated in the most degrading and abusive manner I decided that, if this is where I was sent to be safe from my destructive parents there was nowhere, ever I could be safe. My belief that I could be safe anywhere, particularly in ‘care’ was dashed and I spent the remainder of my life believing in the rule of law but holding out no expectation of it’s influence on the effectiveness of it’s tenets to help anyone. Thus my confidence in officialdom defenenstrates and my life entered into a proclivity of abuse, neglect, addiction and a trail of poor decisions yet ever hopeful I could call out to the universe not thinking that every good deed does not go unpunished.

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