Lake Alice survivor legally challenges Crown redress
Malcolm Richards will file a claim in the High Court at Wellington later this morning, seeking a judicial review of Cabinet's redress decision.
Those tortured at the Manawatū psychiatric facility had until last week to choose a rapid payment of $150,000 or head to arbitration.
The redress scheme only applies to survivors who are still alive that had been subjected to electric shocks and/or paraldehyde injections.
Some have already welcomed the money, but Richards has refused the redress on principle.
"No way I'm taking part in it because it's not legal. We can't allow the perpetrator of this crime, which is the government, to set their own sentence."
Richards was 15-years-old when he went to Lake Alice and said he still lived with the impacts of being drugged, raped, beaten and shocked all over his body.
He was the second survivor to successfully argue his case at the United Nations committee that urged the New Zealand government to compensate him.
Richards believes December's redress package breaches Article 14 of the United Nations' Torture Convention, which New Zealand ratified in 1989.
This article states each country must ensure in its legal system that victims of torture obtain redress and have an enforceable right to fair and adequate compensation, including the means for as full a rehabilitation as possible.
It also states that if a victim of torture dies, their dependants are entitled to compensation.
Richards' lawyer Chris Griggs said Cabinet's redress decision hasn't been legislated, excludes survivors who were tortured by means other than shocks and injections and provides ex-gratia compensation that can't be enforced or effectively challenged in court.
New Zealand ratified the Convention against Torture in 1989 but with a reservation, that the government reserves the right to award compensation to torture victims only at the discretion of the Attorney-General of New Zealand.
The government has said New Zealand is the first country in the world to acknowledge torture of children and provide compensation to recognise their suffering.
Griggs said the case was a simple one that boiled down to the government needing to comply with international human rights laws.
"A lot of survivors are telling me what's happening is like a serious crime has been committed by the government so the government goes into a room with the victim and tells them this is what the penalty will be and no correspondence will be entered into.
"That's not justice. So we're challenging it."
Griggs said he would be asking the court to essentially "quash" Cabinet's decision and declare the government needed to comply with international minimum standards.
While the United Nations didn't have any teeth by way of enforcing these standards, Griggs said it was New Zealand's reputation on the line.
"New Zealand holds itself out to be a champion of human rights. We're a defender of human rights. We're the first country to speak out on breaches of human rights standards overseas.
"And yet, when it comes to our own country, what do we do? We don't comply with the International minimum standards for remedying torture."
"I have heard stories of children being lined up against a wall with their backs to the staff and having syringes full of paraldehyde thrown at their bottoms like a dartboard. That happened in this country.
"We have to take a stand. New Zealand must live up to what happened and the only way we can do that is by complying with the international minimum standards laid down by the Torture Convention."
Griggs has drafted a bill to set up an independent tribunal to assess torture claims and compensation and says there's already precedent for this type of arrangement.
"You might remember many years ago we had a big problem in New Zealand with leaky buildings, so the government set up the water weathertight homes tribunal to deal with that problem.
"Here we have a situation where the government has tortured a whole bunch of New Zealanders over a number of years and international law requires there to be an equivalent process.
"All we're saying is just treat the survivors of Lake Alice and the other institutions in New Zealand where people have been tortured in the same way you've treated people who've had problems with the weather tightness of their homes. It's not a big ask."
Prime Minister Christopher Luxon told Morning Report no amount of money could make up for what survivors endured.
"Their stories of abuse were harrowing and heartbreaking. Obviously the UN made a determination on Lake Alice quite rightly around torture, we've worked hard to make sure we've put in place a redress system to make sure people are compensated for that.
"Whatever we do, no amount of money frankly makes up for what survivors have endured."
The government's focus was on making sure it acknowledged and formally apologised, supported survivors with a better redress system and prevent abuse through improving the operating practices of key government agencies, Luxon said.
Richards has taken up woodworking in his shed as a means of coping with stress and trauma, creating wooden trinkets he sells online.
"It's just what I found that I can lose myself in and when things become too much, I just go out to my shed and start cutting out stuff and making stuff."
He does not see the point in taking the rapid payment that has been offered by the Crown.
"[The Minister responsible Erica Stanford] rang me before she made that announcement and I told her no way I'm taking part in it because it's not legal. We can't allow the perpetrator of this crime, which is the government, to set their own sentence," Richards said.
"What's the point of taking $150,000 and living with this... it gets so much for me that I've gotta go out and lock myself in the shed away from my family."
Richards said he had been trying to access support through ACC for special items like screwing teeth — normal dentures give him flashbacks to being gagged at Lake Alice — and a phone plan — he is forgetful and uses his phone to remind him about appointments and medications.
But challenging the Crown's redress was about more than just money, he said.
"There's more to this than $150,000 cash, the rehab is just as important. The investigation is the most important thing."
The Lake Alice redress scheme is separate from Cabinet decisions about the wider redress system for those abused in state care.
rnz.co.nz
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
NZ Herald
3 days ago
- NZ Herald
Auckland gun bust: Ex-con Brent Allen stole firearms licence holder's identity
'Should I come over I got a couple of drinks and some really wicked MDMA,' he typed in one message – using 'drinks' to refer to GBL, also known as fantasy or liquid ecstasy. 'You have to try this stuff it's so good.' Judge Evangelos Thomas noted that Allen appeared to be a 'pretty low-level dealer', but the extra layer of charges resulted in his sentence being increased to the point where home detention was not a consideration. Most of the judge's admonishment, however, was devoted to the weapons scheme. Auckland District Court Judge Evangelos Thomas. Photo / Sam Hurley 'You dragged into this an innocent member of the public,' he said of the legitimate firearms licence holder whose identity was stolen, adding that the defendant then got rid of the guns 'in a way that allowed them to be used ... by criminal elements'. 'It goes without saying that there is a very significant public interest in responding firmly against anyone who contributes in any way to uncontrolled firearms being in the community,' the judge continued. 'I can refer you to many families – innocent families – whose lives would be much different if we were better able to control restricted firearms in the underworld.' Guns for sale Court documents state Allen set up a fraudulent Trade Me account in March last year under the name of the man whose licence he had forged. Two days later, he purchased a $210 Stirling M20 Semi Auto 22LR rifle from a seller in Torbay, on Auckland's North Shore. Allen had superimposed his own photo over that of the legitimate licence holder and altered the date of birth to more closely match his own age. When the fraud went off seemingly without a hitch, he tried again just over a week later, this time agreeing to pay the same seller $605 for three more rifles. He paid $300 in cash but then ripped off the seller for the other half, promising to make a bank transfer that never happened. Just less than two weeks later, police found one of the three guns while executing a search warrant at a Clendon Park home. 'An associate of Mr Allen's has been charged with unlawful possession of the firearm,' court documents state. Exactly two months after the search warrant arrest, police discovered the first gun Allen had bought during a traffic stop on Auckland Central's Karangahape Rd. That also resulted in the arrest of an associate. Allen initially denied having or using a forged firearms licence, telling police he had received the guns from the licence holder whose identity he was later found to have stolen. The victim, however, did not know Allen, police pointed out. 'He claims he did this [picked up the guns] as a favour to an unknown associate,' explains the agreed summary of facts. 'He states he took the firearms to an unspecified address in Albany and doesn't know what happened after that.' Judge Thomas described the summary of facts as 'very vague'. 'What does the Crown say Mr Allen did?' he asked during the hearing. 'Who cut it down? Did he know it was going to be cut down?' Crown prosecutor Eleanor Cato acknowledged that some questions remain unanswered, including how the items ended up cut down and in the hands of other people. 'It's reasonable to conclude that he was buying them for illegal purposes,' she said. 'Our citizens need to be protected' Allen faced up to four years' imprisonment for a representative charge of unlawfully possessing a firearm and up to 10 years for using forged documents. Offering to supply MDMA and GBL both carry 14-year maximum sentences. He had initially been charged with supplying a Class A drug, which would have carried a maximum possible sentence of life imprisonment, but that charge was later withdrawn. Allen also pleaded guilty to two charges of obtaining by deception two electric bicycles that were ordered online. He was sentenced to a short prison term in 2022 for similar offending. Defence lawyer Alex Slipper presented to the court several certificates his client had earned at a drug rehab centre over the past two months. But the defendant had put a lot of thought into the matter and decided a short prison term followed by post-release conditions would be better for his continued recovery than being ordered to stay at the rehab centre under home detention conditions, Slipper said. His client had formed a drug habit at a young age due to a difficult childhood and his addiction, accompanied by dishonesty offending, had defined his life for most of the past decade, the lawyer explained. 'To be blunt ... I think Mr Allen's remand in custody has actually been somewhat beneficial to him,' Slipper added. 'He knows that he's capable of more. 'He realised the associates he has been interacting with had enabled him to not address his addictions.' That being said, Slipper argued that the sentence shouldn't be too long after taking into account his client's remorse, rehab, guilty pleas and background. The judge ordered a starting point of three years for the gun-related charges then uplifted it by nine months for the drugs and dishonesty offending and 2.5% for his criminal history. He then allowed 35% in reductions for mitigating factors. 'It's getting worse,' the judge said of illegal guns in the community. 'The fear of it is getting worse. The court's response to it is getting heavier. '... There are offences from which our citizens need to be firmly protected.' The resulting sentence was two years and three months' imprisonment, just shy of the two-year mark where a judge can consider non-custodial alternatives. The judge then added three months of imprisonment in exchange for cancelling $15,000 in fines from previous cases. Another $12,000 in restitution to his previous victims remains outstanding. Craig Kapitan is an Auckland-based journalist covering courts and justice. He joined the Herald in 2021 and has reported on courts since 2002 in three newsrooms in the US and New Zealand. Sign up to The Daily H, a free newsletter curated by our editors and delivered straight to your inbox every weekday.
1News
3 days ago
- 1News
Christchurch man jailed for poaching nearly 1500 sea cucumbers
A Christchurch man has been sentenced to 18 months jail for poaching 1432 sea cucumbers. Jason Murray Nix, 55, learned his fate in the Christchurch District Court yesterday for two charges under the Fisheries Act. He was also banned from all fishing for three years. Nix received a total sentence of 30 months' imprisonment as he was also sentenced on separate police charges. His equipment, including two boats and a car, was forfeited to the Crown. In November 2023, Nix and another man were stopped by police on other issues, and his vehicle was impounded due to other legal matters. During a search of the car, 1022 sea cucumbers were found and Fishery Officers were contacted. Nix was caught again in December 2024 with another 410. The daily limit per person for taking sea cucumbers is 50. ADVERTISEMENT A Fishery Officer. (File image). (Source: 1News) Fisheries New Zealand district manager in Marlborough/Canterbury, Stuart Moore, said Nix had more than 20 times the daily limit for sea cucumbers in his vehicle, likely bound for selling on the black market. "Our investigation found strong electronic evidence of illegal seafood sales," he said. "To buy sea cucumbers commercially can cost up to $80/kg. Black market sales of sea cucumbers can be as little as $25/kg, seriously undermining the legitimate market." Brown sea cucumber Stichopus mollis on the bottom of Browns Bay in Auckland. (Source: Moore urged members of the public who were aware of, or have been offered, cheap sea cucumbers to report suspected illegal activity through the ministry's 0800 4 POACHER number (0800 476 224). The other man stopped with Nix was yet to appear before the court. ADVERTISEMENT Only one species of sea cucumber was common around the New Zealand coast, stichopus mollis, or rori, according to Te Ara – the Encyclopedia of New Zealand.
NZ Herald
3 days ago
- NZ Herald
Whangārei court hears Graham Whines was hiding in bedroom when friend was assaulted
The jury heard the twins had grown up with the complainant, Troy Hansen, in Auckland before reconnecting in the years after 2020 when the families discovered they had all moved to Northland. Around midnight on February 16, 2023, Hansen opened the door of his Whangārei property to the twins who had turned up unannounced. The Crown alleges that, after Graham went to the bathroom, he grabbed hold of Hansen tightly while Colin allegedly struck him across the head with a beer mug. For the next three hours, the twins allegedly unleashed a brutal onslaught, raining down up to 50 blows with fists, feet and bar stools. They allegedly strangled him with a blanket, doused him in vodka and tried to ignite him. Throughout the ordeal it's alleged they repeatedly threatened to kill Hansen and his family. Hansen managed to escape and reach help at his parents' house and told them two Māori men had assaulted him at his house. This allegation was recorded on a 111 call and played in court. At around 4am, a picture message was sent from Graham's phone to Hansen, which showed guns and ammunition. After being hospitalised with open wounds, concussion, broken ribs and a collapsed lung, he eventually told police it was not two Māori men but the Whines twins. 'I was always going to tell,' Hansen told the court when he gave evidence earlier in the week. DNA evidence placed the twins at the scene and Hansen's blood was also discovered near the driver's side door of the twins' car. The trial has been heard at the Whangārei District Court before Judge Keith de Ridder. Photo / NZME Graham took the stand on Thursday and acknowledged the two families had reconnected and been in regular contact following 2020. 'It was like the band was back together,' he said. Graham went into detail of Colin's ailing health suffering from long-term Lyme disease and kidney cancer and said he was still weak at the time of the incident. He told the court he was exceptionally close with his twin and couldn't imagine a life without him. On the evening of the assault, Graham said they went to visit the Whangārei Falls and on the way, decided to travel almost 40km to the other side of town to visit Hansen. According to evidence given by their flatmate, they would have left the house after 10.30pm. Graham said they were greeted by Hansen at the door close to midnight and went inside for a catch-up where they were offered a glass of water. 'He mentioned he was expecting some guys from Auckland to come up and do a bit of business, I think to do with his motocross,' Graham said. When the men allegedly turned up, Graham said Hansen told them to stay in his bedroom so he could have some privacy. Once in the room, which was around 1-2 metres from the living area, Graham said they allegedly heard a lot of noise. 'There were loud voices and banging noises. I couldn't see what was going on but my impression was there was some kind of argument transpiring,' Graham said. 'I didn't know if that was Troy fighting someone else or someone else fighting Troy. I couldn't see so I was very limited in my knowledge of what was happening. 'My concern was to stay quiet and hopefully no one would come through that door.' When asked why he never came out to help Hansen, Graham said he was respecting Hansen's wishes to privacy and was scared. 'He expressed he was okay' Graham said after those men left, the twins came out of the room to a beaten and bloodied Hansen. 'I offered to drive him to the hospital but he expressed he was okay, he didn't need that and he was more concerned about having a cigarette,' Graham said. 'Troy had told me clearly he didn't want me to talk to anyone about what had happened that evening. Obviously, he had something he didn't want exposed and I respected his wishes.' Graham also raised that Hansen had been involved in an altercation at Frings bar in Whangārei weeks prior. Under cross-examination from Crown lawyer Alex Goodwin, he was asked why he sent Hansen a photo of guns and ammunition. 'These people might come back' Graham said he scrolled through his hand-me-down phone and picked a random photo, one he hadn't taken himself, that he thought Hansen could use to scare the men off. 'You remember a random photo of firearms, that doesn't have you in it and your thought was 'I'll send you a random photo of firearms to scare people off?'' Goodwin asked. 'Troy was worried about escalation or that these people might come back. I was trying to support him and come up with a way to calm him down and make him feel safe,' Graham responded. Graham then said Hansen had promoted a narrative that two local Māori men from a bar had beaten him up and insisted, Hansen tell the truth. 'That was the narrative he was promoting to me and I didn't believe that, I think he knew those people,' Graham said. 'You've just come up with this story,' Goodwin put to Graham. 'I didn't come up with the story, that's what happened.' Colin chose not to give evidence at the trial. The jury retired to consider their verdicts on Friday morning. Shannon Pitman is a Whangārei-based reporter for Open Justice covering courts in the Te Tai Tokerau region. She is of Ngāpuhi/ Ngāti Pūkenga descent and has worked in digital media for the past five years. She joined NZME in 2023.
