For decades, survivors of abuse in state care, advocates and support organisations have called for an official inquiry into historical abuse of children, young people and vulnerable adults in State care and in the care of faith-based institutions in Aotearoa. In response to the issue, the New Zealand Government established a Royal Commission of Inquiry: a high level, independent investigation into a major issue of public importance.

The Abuse in Care Royal Commission of Inquiry is looking at all forms of abuse in care from 1950-1999, including physical, sexual, emotional, psychological and neglect (cultural, educational, spiritual and medical). In some circumstances, the Inquiry can look into abuse post-1999.

Pacific Voices Heard

In acknowledging that a disproportionate number of people in care during the relevant period were from Pacific communities, the Inquiry established a Pacific peoples investigation to look into themes and survivor experiences that are relevant across all State and faith-based settings where abuse of Pacific peoples occurred.

The Pacific peoples hearing Tūlou - Our Pacific Voices: - Tatala e Pulonga was held from 19-30 July 2021. The hearing took place at the Fale o Samoa in Mangere in order to provide a culturally safe and appropriate forum for Pacific survivors to share their experiences. Tatala e pulonga is a Tongan metaphor meaning ‘lifting the dark cloud’ and in this context, a dark history of abuse in care.

Prior to the hearing, two lawyers from the Pacific Investigation, Tania Sharkey and Semisi Pohiva, presented at the Tauiwi Strategy meeting about their work at the Inquiry and in particular, the Pacific peoples investigation.

Semisi, former steward and current member of Wesley Wellington Parish and Parish Council and Board member for Wesley Community Action has been involved in the Inquiry since 2020. In this article, he talks about his work and the transformative change ahead.

“The work we are doing involves walking in a tapu space and we acknowledge this. Abuse is not something Pacific people often feel comfortable talking about, and it is a sensitive issue across all Pacific cultures. It is, therefore, important for us to take care and be respectful while ensuring we can hear from our Pacific survivors.”

The public hearings are the public facing aspect of the investigation. Survivors have a choice as to how they wish to have their information shared, if at all. Their experiences can be made anonymously, transcripts shared by a nominated person and survivors can be shielded if they opt to present in person. “The hearings provide an opportunity for our survivors to share their stories with the wider community which is something some survivors have wanted to do for years. Others have shared their experiences anonymously,” Semisi says.

Participation and attendance by representatives of many government and not-for–profit organisations involved in providing care and developing policy has been encouraged.

“The naming of the hearing was fitting and allowed more of our own Pacific community to listen and appreciate the complexities and difficulties of the survivors' experience. Lifting of the dark history of abuse helps bring to light what is often left in the dark.”

A Pacific Perspective

Semisi’s early childhood background is familiar to many Pasifika of his generation. His Tongan parents came to Aotearoa in the 1980s and moved from Auckland to Hamilton where they settled and had four children: he has two older sisters and one younger. Semisi attended Wesley College as a boarder and went on to study at Waikato University, graduating with law and Social Science degrees before going on to complete his Masters of Law degree. He took some time off before he worked at the community law centre in Rotorua, then for the Public Defence Service in Manukau and Hamilton before eventually moving to Wellington in 2017.

Semisi’s desire to study law was motivated by growing up in a community where he witnessed daily the disadvantage of people who had no voice to stand up for their rights. “I saw my family struggle in many ways and often they were vulnerable to the law because they were not able to stand up for their rights for various reasons. I recall one Aunty being involved in a car accident that was not her fault. Her response was to just let the other driver go.”

Lockdown in 2020 coincided with Semisi’s plan to establish his own practice, having completed his Masters degree with the Bethlehem Tertiary Institute, completing a dissertation on Therapeutic Jurisprudence, aligned with his biblical views. That study informs his practice as a criminal defence lawyer. In 2020, he was appointed by the Solicitor-General as Counsel Assisting the Inquiry and he joined the Pacific Investigation. The role appealed as it involved working alongside people facing similar issues affecting their lives to those of the clientele he was supporting in the criminal justice system.

“For generations there have been barriers that meant people were stuck in a cycle of offending. I have always wanted to help those people break that cycle,” Semisi says.

Pacific people were encouraged to migrate to Aotearoa post-war for mainly labour intensive related jobs. The ‘Dawn Raids’ and other Government laws, policies and practices which followed have had, and continue to have, a negative impact on our families, communities and society.

"I can see the impact this has on our community today. Reflecting back on my upbringing, I grew up having to support my elders. I was translating at doctor’s appointments and other appointments. My parents had talked about the Dawn Raids but the significance of that era never registered with me until I came into the Royal Commission.”

Although his family was not directly a target, Semisi’s uncle, a Methodist minister, provided pastoral care for many in the Tongan community back then. “My parents were fortunate as they had strong support networks and family members who were 'fair' which meant they were not impacted to the extent that others were. However, they heard all the stories, knew what was going on and it impacted the entire community in some way. “

Transformative Change

Semisi says there are many barriers that prevent survivors from wanting to talk about past abuses, including some that are specific to Pacific people. “It is seen as disrespectful to talk about the subject and also to disrespectful to elders. Family members of those abused feel shame. Shame for Pacific people is significant and impacts the entire family and community. At the hearing it was referred to as the lifting of a dark cloud.”

The entire process is survivor-focussed and those with stories to share are treated with compassion and respect. For many survivors, this is a rare encounter in a formal process, following a life defined by abuse by those in authority. Their written statements can be used in redress claims, avoiding the need for survivors to share their stories repeatedly, as has happened in the past.

In written and verbal recounts of their lived experiences, many survivors talk of their childhood, their identity, their innocence being taken away and of being stripped of a chance to live a normal life. There are many similar themes in the survivors’ stories. Migration stories, stories of being targeted unfairly by those in authority including police and social service providers, stories of being picked out and picked on. During the Dawn Raids, parents were taken away and children were left alone or placed in cells. These struggles allowed people to go into care, often resulting in abuse, neglect and a lifetime of missed opportunities.

Identity issues are also a recurring theme. Ethnicity details were often incorrectly recorded. People lost their identity, their culture, their heritage and their language. “I never realised how significant that loss of culture and identity was. Many survivors talk of being left wondering what they had missed out on. Some Pasifika deliberately identified incorrectly as Maori as that was perceived as being better than being Pasifika,” Semisi says.

Despite hearing many harrowing stories, Semisi says, “It is a privilege to be in a position to make recommendations for transformative change. Survivors have talked about the anxiety of sharing their experiences but they also say that the experience has been healing. Talking with people who share their values has been important. It is the beginning of a journey to reconnect with family, and community for some of them. For those who have experienced abuse, the damage has been done. They have turned to criminal activity and gangs, and have been judged by their families. But we can do more to lessen the impact of it.”

The Pacific Report

The Pacific Investigation team are now working towards a report that will incorporate the voices of survivors’ experiences received to date. The report will bring together the strands of knowledge gathered from survivors and make recommendations on how the Government and faith-based institutions take care of Pacific peoples in Aotearoa. Due at the end of the year, the report will be provided to the Governor General.

Semisi is about to go on parental leave for the arrival of his second child although the team will continue to hear from survivors, should they wish to come forward and share.

Footnote

The focus of this article, Tulou - Our Pacific Voices public hearing, is one of many public hearings during the Inquiry. Other hearings include Maori experiences, disability and mental health, State and faith-based redress, children’s State residential care, State psychiatric care, youth justice care, Catholic, Protestant and other faiths. At each hearing Commissioners consider:

Why people were taken into care
What abuse and neglect occurred
Why it happened and the effect it had
What was learned and what changes were made
How the systems are working now
How things can be done better

On 11 April 2022, the Abuse in Care Royal Commission of Inquiry extended the scope of its Anglican investigation to include the Methodist, Presbyterian and Salvation Army faiths. Although public hearings will not be held, General Secretary Tara Tautari will join representatives of other faiths to provide evidence to Commissioners in hearings scheduled for August this year.

Touchstone will include an article on the outcome of those hearings and the MCNZ response to developing a claims process for survivors that reflects our bi-cultural journey and a tikanga-based approach to redress and to future proofing coming generations.

If you, or someone you know, has information relevant to the Inquiry or you have any questions arising from this article, please call confidentially on 0800 222 727, or email Ms Reina Vaai, Pacific communications advisor at reina.vaai@abuseincare.org.nz or contact@abuseincare.org.nz

The Methodist Church supports the Governments Royal Commission of Inquiry into historic abuse in State care and faith-based organisations. Information on the historic abuse claims process is available on the website www.methodist.org.nz

PAC Distribution Group