IN-CONFIDENCE
Terms of Reference: Abuse Inquiry Response Ministerial
Advisory Group
1. Purpose
The Abuse Inquiry Response Advisory Group (the Advisory Group) is a ministerial advisory
group established to provide independent advice and assurance to the Lead Coordination
Minister for the Crown’s Response to the Royal Commission’s Report into Historic Abuse in
State Care and in the Care of Faith-based Institutions (Royal Commission). The Advisory
Group will provide advice directly to the Lead Coordination Minister and other relevant
Ministers on the Crown’s approach to and progress in responding to the recommendations of
the Royal Commission.
2. Background
The Royal Commission was established in 2018 to examine the nature and extent of the abuse
of children, young people and vulnerable adults that occurred in State care and in the care of
faith-based institutions from 1950–1999. The Royal Commission has since released two
reports outlining recommendations for the Crown to consider and implement.
He Purapura Ora Interim Redress Report (2021) contained 95 recommendations, and
Whanaketia (2024)
contained 138 recommendations, across Crown and Faith-based institutions.
The Crown Response was developed by 25 government agencies, led and coordinated by the
Crown Response Office, to respond to the above reports. It groups the recommendations for
State action under ten action areas, that contribute to three objectives, which are to:
• Address the wrongs of the past
• Make the current care system safe
• Empower those in care, their families, whānau and communities
under the Official Information Act 1982
The Advisory Group will engage with survivors, advocates, and care providers, to provide
advice to inform the implementation of the Crown Response, including:
• providing advice to the Lead Coordination Minister and relevant Ministers on relevant
matters; and
• considering, reflecting, and including the interests, rights and experiences of
children, young people and adults in care and survivors of abuse in care.
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3. Objectives and Responsibilities
The Advisory Group will provide independent advice to the Lead Coordination Minister and
other relevant Ministers on the approach to, and progress of, the Crown Response.
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In this first instance this this will focus particularly on making the current care system safer and
the implementation of changes to the redress system.
The Lead Coordination Minister will, through the Chair, direct its work by seeking advice on
various topics. These topics may include providing advice and feedback to agencies on work
programme initiatives. The Advisory Group, through the Chair, may raise additional topics it
considers important for the Minister to consider. However, the Advisory Group should not begin
additional work unless this is agreed by the Minister.
The Advisory Group may provide advice on matters including:
• the progress of the Crown Response work programme and its priorities;
• the monitoring approach;
• risks and or barriers that may impact the work programme;
• the design, development, and implementation of planned initiatives;
• the transition to phase two, exploring models of accountability, monitoring, and
oversight entities; and
• other matters as directed by the Lead Coordination Minister.
The Group is not responsible for developing policy or implementing initiatives. It has no formal
decision-making powers or accountabilities. It does not have powers to direct any agency,
although it may provide feedback on draft proposals and can expect its advice to be given
appropriate consideration.
Where the Advisory Group provides advice to Ministers or feedback to agencies, it is preferred
that a consensus is reached, but alternate viewpoints may also be provided.
4. Advice and Release of Information
Advice will be subject to the Official Information Act 1982. Advice may also be proactively
released with the agreement of the Lead Coordination Minister.
under the Official Information Act 1982
5. Membership
The Advisory Group will be appointed by the Lead Coordination Minister after an appropriate
nominations process and confirmed by the Cabinet Appointment and Honours (APH)
Committee. Membership will comprise five to nine members, including a Chair, who collectively
demonstrate:
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• experience in and/or a strong understanding of care safety settings and
environments, including mental health, disability, education, and social services
settings;
• experience with, or a connection to survivor experience and expertise;
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• knowledge of and expertise in Crown obligations under the Human Rights Act 1993,
the New Zealand Bill of Rights Act 1990 and Te Tiriti o Waitangi, and how they relate
to care settings1;
• experience and or strong understanding of the diversity of people in care settings;
• experience in working with government; and
• reflect the initial focus on the implementation of changes to the current redress
system and making the current care system safe.
The Appointments and Honours Committee will confirm the Group Chair. The Chair will:
• chair meetings of the Advisory Group.
• be responsible for representing the Advisory Group to the Lead Coordination Minster
and other relevant Ministers, as required;
• represent the collective interests of Advisory Group members;
• be the principal point of contact with the Lead Coordination Minister and the Crown
Response Office to ensure advice is delivered in the prescribed timeframe and
format; and
• be responsible for keeping Advisory Group members informed of relevant
discussions with the Minister and the Crown Response Office.
In addition, the Chair will also have the following attributes:
• mana - a person of high trust and standing;
• experience working with Government;
• a commitment to a safe care system;
• be alert to the challenges in the work programme arising from the Royal
Commission’s reports; and
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• experience in governance and leading groups to support collectively agreed
outcomes.
6. Remuneration and Hours of Work
Members are to be appointed for an initial term of two years. Fees for the Chair and members
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are set according to the Fees Framework for Members Appointed to Bodies in which the Crown
has an Interest (the Fees Framework) and are outlined in the letter of appointment. Members
1 Noting that the group will not be expected to provide legal advice to the Minister.
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are also entitled to reimbursement for reasonable and actual expenses under the Framework for
carrying out work on behalf of the Advisory Group.
The Advisory Group will meet up to eight times per year, to provide ongoing advice and review
progress. Advisory Group members may spend up to 16 hours (two days) per meeting on
Advisory Group activities. The Chair’s commitments per month may vary depending on the work
programme. Supports and services available to the Advisory Group to assist them in their work
will be agreed with the Chair.
A member may resign by advising the Chair in writing. A decision about whether and how to
replace that Advisory Group member will be made by the Lead Coordination Minister.
7. Meeting Operation
Logistics:
• Meetings will be a combination of virtual and in-person meetings.
• Alternates are not permitted to attend meetings in place of a member.
• A quorum will be half the number of the members, including the Chair.
• The Advisory Group may choose to appoint a Deputy Chair from among its
membership.
• The Lead Coordination Minister and/or any other relevant Minister will, where
feasible, attend part of a meeting.
Engagement with the Minister and others:
• The Advisory Group will work closely with the Crown Response Office to support the
Lead Coordination Minister to implement the Crown Response.
• The Advisory Group will be expected to meet with Crown Response Ministers from
time to time The Advisory Group may also engage with other agencies responsible
for delivering specific elements of the Crown Response and liaise with other Advisory
under the Official Information Act 1982
Groups and Boards involved in the care system as per their work programme.
• Advisory Group members will be expected to do some work to prepare for meetings,
such as additional reading and research outside of meeting times. Time spent on
these activities should not, however, exceed the 16 hours of allocated for each
meeting.
•
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The Chair may invite expert attendees to meetings, whose qualifications or
experience would assist the Advisory Group in its role when considering a particular
matter, subject to budget availability. While not a member of the Advisory Group,
they will be entitled to remuneration on the same basis as members and be expected
to uphold the code of conduct.
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• Government officials may provide information to the Advisory Group at its meetings,
or via the Secretariat, at the invitation of the Chair. This may include information on
draft proposals agencies may seek the Advisory Group’s feedback on.
• Experts and observers will be entitled to take part in the discussions of the meeting
in relation to that matter but will not take part in provision of advice to Ministers.
8. Code of Conduct and Conflicts
Advisory Group members are expected to work in an inclusive, collaborative manner where
diverse voices are listened to in an environment of trust and respect, including:
• acting in accordance with communication processes and protocols agreed by the
Lead Coordination Minister and the Chair;
• attending scheduled meetings and doing any required pre-meeting reading to ensure
they can engage fully at each meeting;
• working transparently, consistent with all privacy and legal requirements;
• disclosing any real, potential or perceived conflicts of interest as they arise and
agreeing to their appropriate management, as determined by the Chair;
• uphold confidentiality of any sensitive information shared during Advisory Group
activities; and
• only claiming for legitimate expenses, they incur.
The Advisory Group’s advice will be determined by majority decision-making. Minority opinions
can be appropriately recorded a part of the Advisory Group’s formal records. The Advisory
Group may wish to present a range of options with relevant assessments for part of its advisory
role.
Disputes or points of clarification will be referred to the Chair for consideration and resolution.
The Chair will be the primary contact for media enquiries. If a journalist or media outlet seeks
under the Official Information Act 1982
the views on an individual Advisory Group member, the member will make clear that any views
they present represent their personal views, or those of another group they represent, and not
those of the Advisory Group, the Crown Response Office, Ministers, or any other part of
Government.
9. Secretariat
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The Crown Response Office will provide secretariat services to support the Advisory Group.
Responsibilities include:
• providing regular and timely updates on the Crown Response Plan work programme
and any additional matters of relevance to Advisory Group members;
• organising Advisory Group meetings and members’ travel (as appropriate);
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• assisting the Chair with drafting meeting agenda and recording minutes;
• arranging payments of members’ fees;
• assisting members liaison with Ministers and government officials, as required;
• with the Chair, the induction of new members;
• maintaining a page on the Crown Response Office website about the Advisory
Group’s membership and advice; and
• managing and responding to OIA requests and other correspondence.
10. Review of Terms of Reference
The Terms of Reference will be reviewed, as required, with the agreement of the Minister and
the Advisory Group.
Amendments will be developed by the Crown Response Office in consultation with the Advisory
Group as appropriate, for consideration and decision by the Lead Coordination Minister.
under the Official Information Act 1982
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