Lake Alice survivor tired of waiting for compensation

10:12 pm on 22 August 2024
Malcolm Richards said the apology was a waste of time unless something tangible came out of it.

Lake Alice survivor Malcolm Richards is suffering from health problems and tired of waiting for government compensation. Photo: RNZ / Jimmy Ellingham

A survivor of torture at Lake Alice psychiatric hospital in the 1970s says he will not turn up to the government apology for abuse in care if he has not received proper compensation by then.

This comes as New Zealand has for the first time admitted to the United Nations that children and young people were tortured at the hospital's child and adolescent unit in the 1970s.

The admission comes in a response to the country's regular review from the UN Committee Against Torture.

But that same response has raised questions for two survivors of Lake Alice about when they will receive redress.

One of the pair, Malcolm Richards, two years ago won his case with the UN committee against torture that his treatment at Lake Alice fell short of New Zealand's obligations to prevent torture.

That torture at Lake Alice and abuse carried out at other state and faith care institutions was detailed during the Royal Commission of Inquiry into Abuse in Care and led to Prime Minister Christopher Luxon promising to deliver an apology on 12 November.

Richards said the apology alone was not enough, and he could not see why redress was taking so long to sort.

"Get us to Wellington, sit down round a table and stay there until it's sorted," he said.

"It's very simple. It doesn't have to be this complicated.

"I absolutely will not be turning up to the apology if redress isn't done, because what's he apologising for?"

Richards and Paul Zentveld have both won rulings from the UN committee.

They and others received electric shocks and injections of painful paralysing drugs, among other punishments at the Lake Alice unit.

Richards, 64, is facing health problems and is sick of waiting for compensation.

"I'd like to see them write me a cheque because they can't do all of the other things that they are required to do anyway, because it's been too long.

"They can't rehabilitate me because I'm too bloody old."

As well as compensation Richards would like his redress to include a ban on electroconvulsive therapy, his wife paid to be his full-time carer, and help with cognitive problems caused by electric shocks.

He wants a meeting with the government to work through this, rather than waiting for a redress committee to come up with its framework, and this week heard he would get an audience next week.

The government has said redress for Lake Alice survivors was being prioritised.

Paul Zentveld

Paul Zentveld would like to see Lake Alice survivors to be provided with a 'Silver Card' giving them access to the services they needed. Photo: RNZ / Andrew McRae

Zentveld, who won his case in 2019, said he and Richards would not sit back and have their claims ignored, nor would they be happy if compensation was worked out on a group basis rather than for each individual who was tortured.

"They have to agree to pay a Crown-funded free lawyer for Malcolm and I, which is in the terms of the redress for the UN, and also a Crown-funded lawyer for the rest of the survivors," Zentveld said.

"Once they've got that worked out then they can go ahead and approach us."

Redress negotiations could then proceed, with survivors having access to legal advice.

Among the redress measures Zentveld was keen to see progress was his idea of a Silver Card. It would act like the Gold Card and give survivors access to services they needed.

Mike Ferriss, from the Citizens Commission on Human Rights, helped Richards and Zentveld prepare their UN cases.

He said after years of downplaying what happened at Lake Alice it was significant the government now acknowledged torture there.

"It's certainly a shift from what we've seen. It's in front of the UN every time they review New Zealand now.

"The country has to do something about it and it looks like it finally is doing something, and stating it in very clear terms."

Erica Stanford, the minister taking the lead on the royal commission response, said redress decisions needed to be made by Cabinet, and further decisions were expected in the next couple of months.

Now torture at Lake Alice was acknowledged ministers were receiving advice on matters related to redress.

"Pending Cabinet agreement, it is the government's intention to be able to provide further details about redress for torture before the national apology on 12 November," she said.

Stanford said she met with Richards, Zentveld and other survivors in July, and hoped to do so again soon discuss redress.

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