Oppo F7 is launched in 2 variants - 4GB RAM & 6GB RAM. Both variants are available in Red, Silver, and Diamond Black colors. Oppo F7 has 6.23 Inch Full HD Plus Full-Screen display with 19:9 aspect ratio and runs on Android 8.1 Oreo with ColorOS 5.0 on the top. The phone has 3400 mAh battery but lacks fast charging support. The major highlight of the phone is its A.I. powered 25MP front camera and 16MP rear camera.
The 6.23-inch Full HD+ display with 19:9 aspect ratio is well protected with Corning Gorilla Glass 5. The display resolution is 2280 x 1080 with the pixel density of 405 PPI.
Revolutionary Helio P60 Octa-core processor is built on 16nm technology with the peak frequency of 2000 MHz. The processor works wonder with ARM Mali G72 MP3 GPU.
With Sony IMX576 Exmor RS sensor and the aperture of f/2.0 - you will not get disappointed with your selfies.
Rear camera aperture is f/1.8 and it's loaded with tons of tools to improve your photography.
Tired of remembering passwords or pattern-locks? You'll have super quick facial unlock and a fingerprint scanner on the phone.
The 6GB RAM is of the LPDDR4X type with 1800 MHz as peak frequency. The internal memory of 128GB can be expanded further with MicroSD card up to 256GB. And yes, there is OTG support, too !!
The Oppo F7 is a good upgrade over the F5 in terms of battery life and SoC performance. The selfie camera is also easily one of the best in this phone's price range, and new additions like the Sense HDR mode and AI Beauty work well most of the time.
Oppo F7 review - The selfie 'expert'?
The Oppo F7 definitely offers more value for money than the Vivo V9 since it's better in terms of battery, camera quality, performance and display capabilities.
With its edge-to-edge design and excellent screen, the Oppo F7 offers something more. And the camera is pretty good as well – it won't let you down in most photography situations.
If you are looking for a new smartphone in the sub Rs. 25,000 bracket, the OPPO F7 should definitely be on your list.
The F7 is truly impressive in terms of its selfie skills. For the time being the Oppo F7 is definitely a good companion for a selfie queen.
This phone performance is like our Indian cricket team captain, Mahendra Singh Dhoni. The phone is all-rounder. Camera is exceptionally good. Front camera is just awesome. Rear camera should be dual camera but it is okey. I like to take more selfies than others' pictures. Red color looks awesome and display is also good. The phone never hangs and all apps are working very fine. Earphone supplied are good. You do not need to buy any other costly earphones.
I confirm that I have received timely and fast delivery. Packaging was good and all the in box accessories were intact. This is my first purchase at onlymobiles.
Camera performance is much better than my earlier Samsung Galaxy phone. Gaming performance is also good and there is no hanging issues. Face-unlock and fingerprint scanner both are very quick. Received delivery exactly on the promised date. Red colour is awesome.
Does Oppo F7 has OTG support?
Yes, Oppo F7 does have the OTG support. You also get the dedicated MicroSD Card slot.
Does Oppo F7 has front camera flash?
No. Oppo F7 does not have the front camera flash but it does have the display screen flash.
Does Oppo F7 has fingerprint scanner?
Yes, Oppo F7 does have the fingerprint scanner.
The OPPO F7 is your gateway to beautiful selfies like never before. The 25MP AI beauty selfie camera captures the very essence of you by using AI beauty and sensor HDR technologies. Be awed by selfies that not only come alive but portray you at your flawless best.
The OPPO F7 has taken regular HDR technology in existing software one step further, by embedding the sensor HDR in its enviable hardware. This 25MP AI selfie camera captures beauty as nature intended the human eye to see – whether in bright or low light - with exquisite details that pop right off the screen.
Fashion photography is no longer confined to the likes of hip magazines. With the vivid mode, your selfies can come to life with its own color palette. Strike a pose and bring out your photogenic best, where your face looks naturally beautiful against the enhanced color saturation of your outfits and backdrop, thanks to AI recognition technology and this innovative vivid mode.
OPPO's smart AI Learning tool is programmed to intuitively understand what you want your selfies to look like, and to customize them for you and you only. It can remember your selfie editing preferences over time, so every new snap you take automatically takes on your previous profiles like bigger eyes and slimmer cheeks even at the preview stage. All it takes is three easy steps for your selfies to go viral-ready, click, load.
This AI-powered scene recognition camera intelligently and accurately identifies different scenes and objects you are shooting in real-time. Find the perfect balance of brightness, exposure, color and contrast in every single shot you capture – whether it is an exquisite piece of latte art or a spectacular sunrise. Let the brilliant F7 photography algorithms do the work.
Accompanying the bigger F7 screen is a series of vastly improved navigation shortcuts. Swipe, flick, drag and tap – the whole F7 software universe will be on call with these simple gestures for an unbeatable true full screen experience. The new Notch Assistant can hold app icons or notification bubbles, so you can still read and reply to messages without interrupting your games or videos, as they go app-in-app.
seeing the big picture – 16% more to be precise - takes on new meaning with the impressive 88% screen-to-body ratio of the F7. Whether you're exterminating online enemies, admiring anime creations or taking in friendly texts, this border less screen will work to your advantage. The super full screen features 2280 x 1080 pixels with an astounding high color volume, which brings every scene to life. Bigger, clearer and more vivid images make for a realistic and immersive experience.
The OPPO F7 ticks all the design boxes, with an elegant back cover that catches the eye with a subtle yet mesmerizing interplay of light and shadow from different angles. With a choice of bold fashionable colors, the F7 is also a genuine style accessory fit for any fashionista. Treat your F7 phone like a personal style signature, by choosing the color that best represents your individuality - shiny solar red, or soothing moonlight silver.
With an intelligent resource allocation mechanism, every task powered by the F7's 4GB octa-core processor is working at peak efficiency. The app activation is now an impressive 30% faster, and the image processing level is an impressive 46% faster. Game acceleration has also risen significantly, so your phone runs faster and smoother without a glitch even when you are gaming online.


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Live Review | Five Finger Death Punch w/ In Flames and Of Mice & Men | Barclaycard Arena, Birmingham
Nathan Roach
Mounds of stained snow lay in organised piles around Birmingham's Barclaycard arena as people slowly filed in through the front doors and into the welcomed arms of warmth from the vast venue.
Of Mice & Men were up first and although the set contained no flashy stage production with the exception of their huge band-title backdrop, their technique and song catalogue was a fitting warm-up for the acts to follow. Since Aaron Pauley's decision to move...
Five Finger Death Punch w/ In Flames & Of Mice & Men | Barclaycard Arena, Birmingham
Nathan managed to catch three incredible bands take on an arena in the best way. In photos are Five Finger Death Punch, In Flames and Of Mice & Men.
2017 Top 10 Albums of the Year | Jac Holloway |
Jac Holloway
2017 has been an incredible year both for us in Noizze and for music in general. This has made the task of whittling down 10 musical highlights of the year incredibly difficult but here they are. To begin, here are 10 honourable mentions (Yes it was THAT difficult):
A Thousand Horses - Bridges
Royal Blood - How Did We Get So Dark?
As It Is - okay.
The Cadillac Three - Legacy
Lower Than Atlantis - Safe In Sound
Paramore - After Laughter
St...
Live Review | Skinny Lister w/ Beans On Toast | The Globe, Cardiff | 06/12/17 |
Beans On Toast [9] opens the evening and whether you are here to see him or not you will be hard pressed to fight this his comical lyrics and oddly endearing music.
Frontma/comedian/lyrical genius Jay McAllister (Beans On Toast) takes a comical and charismatic approach in his live show. For those that enjoy the vibe of open mics and catching that really talented drunk guy giving it a go in the pub you will absolutely love this refined musicia...
Eugene Hütz of Gogol Bordello Interview
Simon Chisholm
Only five months have passed since we last down with Eugene Hütz, but the intervening period has been a busy one for him. His band, Gogol Bordello, recently launched their seventh full-length studio album, "Seekers and Finders", and they have been touring it across North America and Europe relentlessly ever since the end of the festival season. However, if this busy schedule has taken its toll on their frontman, he hides it well. A Ukrainian nati...
Talk Show - Permanent Honeymoon Album Review
Talk Show have managed to rack up quite an impressive following with their interesting blend of pop-rock fusion with accolades from the likes of Boo Hewerdine, Squeeze, and Frank Turner. Their newest release, Permanent Honeymoon, claims to have a sound that fuses Velvet Underground with Kraftwerk, and that description fits the band quite accurately, with a touch of Boo Hewerdine's songwriting style as well.
It is difficult to pin down the bands so...
Live Review | Gogol Bordello | Manchester Academy | 12/12/17
Manchester Academy is perhaps one of the bigger venues Gogol Bordello have played in the UK. The "Seekers and Finders Tour" has definitely been a step up for the band, it would seem, and for an act renowned for its frenetic performances and close interaction with its audience, it was interesting to see how an impressive two hour headline spot from them would react with what has, in recent years, become such an enormous production.
As ecc...
Live Review | Eliza Carthy and The Wayward Band w/ Duotone | Rescue Rooms, Nottingham | 11/12/17
Eliza Carthy and her new "Wayward Band" lineup have been tipped as a "must see" and ever since the launch of her latest album, Big Machine, earlier this year she has been touring and playing quite extensively. Tonight in Nottingham's Rescue Rooms she graced us with her A-Class performance.
Support act, Duotone [6], came on with no introduction and simply started looping cello patterns; his entrance was so subdued that most of the audience did...

redpajama_set_name: RedPajamaCommonCrawl


Sammy Hagar & The Circle featuring Mark Anthony & Jason Bonham.
Carol-Lyn's Herstory Of Rock – performs hits from girls who rock our world! Janis Joplin, Grace Slick, Pat Benatar, Heart, Kiki Dee, Joan Jett and more.
Golden Nugget - Gold Diggers Lounge - Music Thursday - Saturday 4: pm to 10: pm. DJ 10: pm to Closing.
Tropicana - Tango's Lounge: Live Music Nightly.
Official River Run Poker Run Presented by Pirate Cove Resort.
Thursday 9: am to 9: pm - Friday 8: am to 8: pm or Saturday 8: am - 10: am.
Friday - Tropicana Laughlin - American Veterans Charity Poker Run benefiting Tri-State Veterans.
Charity Pancake Breakfast benefiting the Boys & Girls Club of the Colorado River.
Motorcycle Drawings: Tropicana Laughlin - Saturday 11pm.


I firmly believe that 50% of the people who attended The Artistry of Professional Photographers exhibit's opening night… were just there for the candy. Well, at least 10% Loved the entry wall we did with older professional photos submitted by people in the community! Even on a wet, cold Thursday evening, we had almost 200 people come through the exhibit on Opening Night! They looked through the sample albums… They listened to the music that inspired each of the works… They watched as David Scott, representing the group, presented Jo Mueller, Executive Director of Spiva, with a $700 donation! And after examining each of the photos, they picked up a skittle… and voted for their favorite to win the "People's Choice" award! I really shouldn't post who won, because it wasn't me, but I know you'll ask – so here it is. It was Josh Carter of Life Captured Photography.
And I'll admit. His metal mural was Fabulous! But if you saw him eating some of the Skittles out of my jar, you'd tell me, right? Second place went to Brian Demint of Eyeworks Photography. Here he is with his model. Hmmm, I guess everybody looks different when they're not wrapped from head to toe in black electrical tape…. Stephanie Lagow took the dare to listen to Brian's ear-piercing song! Deb Anderson of Artistic Expressions went for the "Awwwww" with a sweet mom and baby pic. Mark Neuenschwander of 9art Photography favored an action shot with his signature cool flash effect. Stephen Lagow had a stunning personal piece – the hands of his parents. Beautiful. Kelly Lawson and his daughter pose by his gorgeous senior portrait. And here's Dave, probably laughing at me about something…. This wedding photo was shot from high atop a ladder placed right in the middle of a road! Brave man. And then there's me. A big thanks to Natalie Demint, who was our official photographer for the event. Most of these photos are by her. Great job Natalie!!! Here's a little behind-the-scenes action for you. Bet you didn't know that Deb and Angela of Artistic Expressions do all their photography shooting with only iphones!!! Okay, okay – I'm kidding! But you can actually take a pretty good picture with one of those little things!
The group of photographers I've SO enjoyed getting to know (unfortunately missing a few)! LtoR Brian Demint of Eyeworks Photography, Deb Anderson of Artistic Expressions Photography, Julie Stephens of Calotype Photography, Kelly Lawson of Kelly Lawson Photography, Josh Carter of Life Captured Photography, Angela Spieker of Artistic Expressions Photography, Mark Neuenschwander of 9art Photography, and David and Whitney Scott of Whitney Scott Photography. Not only are they encouraging as artists… they can be pretty fun as well! Thanks for an awesome show everyone!


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As Chairman and President of the PDGE Youth Federation, Teodoro Nguema Obiang Mangue will also host two music concerts in the country's largest capital cities, Malabo and Bata. The toy distribution will take place over the following days in every city and village across the island and continental territories.
The motivation for this joyous occasion is Minister Nguema Obiang affinity to the youth of the nation and his concern for their prosperous development at all ages.
Minister Nguema Obiang will visit Malabo on the 21st and 22nd of the month followed by a visit to Bata where he will personally distribute the gifts and provide a holiday message. He is also sscheudled to visit the provinces of Kie Ntem and Wele Nzas and the south central territory.
To close the holiday season, Minister Nguema Obiang will sponsor and host two music concerts New Year's Eve and New Year's Day featuring some of the most well known music stars in Equatorial Guinea.
Earlier this year, Minister Nguema Obiang participated in a three-day special session of the first "Youth Congress," sponsored by the Democratic Party of Equatorial Guinea(PDGE) in the city of Bata, which drew attention to many challenges facing Equatorial Guinea's youth and formulated recommendations to address numerous areas, including access to low-income housing and higher education for the country's citizens. In addition, Minister Nguema Obiang Mangue, was unanimously elected president of the Youth Federation of the PDGE, Allied Youth Partnerships and Labor Affairs for his work in support of Equatorial Guinea's youth.
As part of Equatorial Guinea's (República de Guinea Ecuatorial) efforts to boost development of the agricultural sector in the country, President Obiang Nguema Mbasogo met with the Director General of the United Nations Food and Agriculture Organization (FAO), Jack Diuof, and the Representative of the Permanent Mission of Equatorial Guinea for this Organization, Crisantos Obama Ondo, to review cooperation relations between the two parties, at the FAO headquarters in Rome, Italy.
During the meeting, President Obiang stressed how important it is for the national productive sector to guarantee sustainable development and for the FAO to continue providing technical support for the government.
In a discussion with the FAO Director-General, President Obiang agreed to a short, middle and long term priorities and reinforced the need to increase technical capacity and increase support for the farmers so that their productive activity is more profitable, both socially and economically. The two also discussed the need to reformulate the National Plan for Food Security and the FAO Director-General agreed and expressed the institution's availability to support the Equatorial Guinean government in this process. The same support would be given in to conduct an inventory of marine resources in Equatorial Guinea, as well as for the Ministry of Promotion of Women, through the Pramur project.
Equatorial Guinea has a fertile soil and tropical climate which are conducive to high yield agriculture. The Minister of Agriculture, Teodoro Nguema Obiang Mangue, has led the efforts to conduct awareness tours, promote coffee and cacao, focus on attaining food self-sufficiency in the country in order to support and improve the agriculture sector. The Ministry of Agriculture has reached out to international allies to help boost the sector. Ghana has agreed to provide assistance on the production of cocoa. The government has also seeked help from China.
As the backbone of many African economies, agriculture is at the forefront of Equatorial Guinea's efforts to diversify its economy and meet the goals of the government's Horizon 2020 development plan. The country is working to become an emergent and sustainable economy by 2020.
During his stay in Italy, President Obiang also had the opportunity to meet with the Ambassador for the Republic of Congo, Kamara Dékamo and strengthen relations between the two countries. The minister in charge of missions, Alejandro Evuna Owono, and the civil cabinet representative, Braulio Ncogo were also present at the meetings.
As part of his activities surrounding the 3rd African-European Summit in Libya, President Obiang Nguema Mbasogo of Equatorial Guinea (República de Guinea Ecuatorial) held meetings with world leaders to discuss cooperation and progress in the country. Equatorial Guinea has been making significant preparations in advance of the African Union Summit next year and moving toward achieving the U.N. Millennium Goals.
The purpose of the African-European Summit was to discuss investment, economic growth and job creation and create a joint strategy to integrate models of sustainable development and growth for Africa and Europe.
This was the third summit between the African continent and the European Union following those celebrated in Egypt in 2000 and Portugal in 2007. President Obiang held several important meetings with African leaders, and with the main representatives of the European delegations. In a meeting with the minister of foreign affairs of France, Michèle Alliot-Marie, the two discussed the wish of the French government for the country to increase bilateral cooperation and to focus more attention on the training of human resources. President Obiang later met with his Italian counterpart, Silvio Berlusconi.
Most of the people who met with President Obiang offered their support during the next African Union Summit and showed their support for Equatorial Guinea's work in the fight to achieve the Millennium Development Goals and those of the country's Horizon 2020 development plan.
During a meeting with the Portuguese prime minister, José Sócrates, President Obiang discussed strengthening the relations that exist with Portugal and other aspects related to the possible entrance of Equatorial Guinea in the Community of Portuguese-Speaking Countries (CPLP).
Similarly, President Obiang also held meetings with Ali Bongo Ondimba, his Gabonese counterpart from the co-organizing country of the 2012 African Cup of Nations, and with John Evans Atta Mills, president of the Republic of Ghana, with whom he has excellent relations. President Obiang also met with the heads of state of Mozambique and Eritrea.
Also in attendance at the summit were President Obiang's minister in charge of missions, Alejandro Evuna Owono; the vice minister of foreign affairs, international cooperation and Francophonie, Eustaquio Nseng Esono; the ambassador of the Permanent Mission for Equatorial Guinean to the African Union, Ruben Maye Nsue Mangue and the ambassador of Equatorial Guinea in Cairo, Benigno Pedro Matute Tang.
Equatorial Guinea's (República de Guinea Ecuatorial) Prime Minister of Foreign Affairs, Ignacio Milam Tang, met with the German Vice Minister of the Federal Minister of Foreign Affairs, Cornelia Pieper to review bilateral collaboration between Germany and Equatorial Guinea in the agriculture, culture, education and training of human resources sectors.
Both parties stated their interested in consolidating relations between Malabo and Berlin. Also present at the encounter was the Ambassador of Equatorial Guinea in Germany, Cándido Muatetema Rivas.
The German delegation had the opportunity to interview President Obiang Nguema Mbasogo. The delegation accompanied by the Minister of Foreign Affairs, Pastor Micha Ondo Bile, representatives from various ministries and the President of the Chamber of Commerce of Bioko, Gregorio Boho Camo visited the Gepetrol facilities. The delegation was also able to visit some places of interest in Malabo, such as Sipopo, where the government is constructing the headquarters to host the African Union Summit.
Pastor Micha Ondo Bile also met with the Spanish Parliament member and speaker of the Partido Popular (People's Party) in the Foreign Affairs Commission, Gustavo Manuel de Arístegui y San Román. Both parties were pleased to discuss how they can strengthen diplomatic and commercial relations between Spain and Equatorial Guinea.
Gustavo de Arístegui accompanied Spanish companies that showed interest in investing in Equatorial Guinea's energy, construction, hotel and catering trade sectors. The Spanish initiative comes after frequent invitations on behalf of Equatorial Guinea to the private Spanish sector to take part in the economic development of the country.


text:
Q: How do I update a custom entity in crm 2011 online plugin code? Can anyone tell me why this code doesn't work in an 2011 online plugin? What I'm trying to do is update a collection of custom entities. It throws the following error on the service.Execute(...). Another way to achieve this much appreciated...
Unexpected exception from plug-in (Execute): : System.InvalidCastException: Specified cast is not valid.
EntityCollection CustomEntitiesNeedingSync = service.RetrieveMultiple(RelevantCustomEntitiesQuery);

foreach (Entity currentCustomRecord in CustomEntitiesNeedingSync.Entities)
{
   UpdateRequest theUpdateRequest = new UpdateRequest();
   theUpdateRequest.Target = currentCustomRecord;
   service.Execute(currentCustomRecord);
}

A: You have to execute the request - not the record.
foreach (Entity currentCustomRecord in CustomEntitiesNeedingSync.Entities)
{
   UpdateRequest theUpdateRequest = new UpdateRequest();
   theUpdateRequest.Target = currentCustomRecord;
   service.Execute(theUpdateRequest);
}

redpajama_set_name: RedPajamaStackExchange


Super Bowl 2019 is bringing big parties to Atlanta. Here are pictures from some of the best parties!
Super Bowl LIII will bring plenty of celebrities and world class athletes to Atlanta this week, and they will be looking to party.
Some huge celebrations are planned throughout the week, from Shaq's Funhouse to the Rolling Stone party to the Maxim and Sports Illustrated parties, all eyes will be on Atlanta.
Tickets for these won't be cheap -- it costs hundreds, sometimes thousands, just to get in the door. But you don't have to be rich to see what happens -- 11Alive's The A-Scene will be take you there.
Bookmark this page for updated Super Bowl party pics!


Located in Voorthuizen, Holiday Home Recreatiepark De Boshoek.9 has self-catering accommodations with a terrace and free WiFi. The property is 27 miles from Utrecht. The vacation home features 4 separate bedrooms and includes a kitchen with a dishwasher and a dining area. The vacation home also provides a TV and a bathroom with a bath. The vacation home has a playground. Arnhem is 31 miles from Holiday Home Recreatiepark De Boshoek.9, while Deventer is 30 miles away. The nearest airport is Schiphol Airport, 47 miles from the property.


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Crown response to the Abuse in Care Inquiry
About the Crown Response Unit
Redress Design Group
Display Documents submenu pages
Key themes from research report on Māori involvement in State care
State care timeline
Overview of agencies' records
Crown statement at the Royal Commission's contextual hearing, October 2019
The Crown's closing submission for the Royal Commission State redress hearing
Summary of 2019/20 funding for the Crown Response to the Abuse in Care Inquiry
Crown opening submission at the Royal Commission's hearing into Māori experiences of abuse in care, March 2022
Crown opening statement at the Royal Commission's State institutional response hearing August 2022
Media Release 16 January 2023
E te rau rangatira, e te mano roimata
E ārahi ana i tēnei Kaupapa nui whakaharahara
Tēnā koutou katoa.
1 The following submissions are intended to assist the Royal Commission by addressing the issues for the Crown in the redress hearing as set out in the Commission's scoping paper(external link) [please note, the references to paragraph numbers below refer to this scoping paper]. Additionally, access to Legal Aid is covered.
2 The scoping paper lists the Commission's issues in two categories, the first referring to the experiences of survivors and the second relating to the Crown's handling of historic abuse redress claims. Similar issues are covered in the two sections.
3 The following submissions largely address the Crown's response to the issue set out at paragraph 2 of the scoping paper:
How did the Crown receive, process, manage, conduct and resolve civil claims involving abuse in State care alleged to have occurred during the relevant timeframe?
Para 2.1 The policies, procedures, processes and strategies of the Crown in relation to redress for civil claims made or filed during the relevant timeframe and subsequently, including the reason/s for any changes made
4 The claims were initially notified to the Crown by way of proceedings filed in the High Court. The proceedings were then progressed according to the Crown's then current litigation strategy, with Crown Law responsible for the conduct of the litigation. The Solicitor-General's evidence, at paragraph 4.2 of her primary brief, was that: "The overall theme is that, in the initial stages of the claims in the early 2000s and working through to the end of the White High Court litigation in 2007, the Crown took an orthodox approach to the litigation, largely undifferentiated from any other litigation defended by the Crown".
5 An exception to this approach was made for Lake Alice Child and Adolescent Unit (Lake Alice) claimants – this was a class action filed in the High Court in April 1999 on behalf of 88 claimants (Grant Cameron & Associates). In the early 2000s Cabinet decided to compensate and apologise. There were two rounds of settlement that followed, and the process has been left open for further claimants.[1] The government approved up to $6.5 million for the first round and $5.7 million for the second. Under the settlement process Sir Rodney Gallen was instructed by the Crown and divided up the money between claimants. The Crown funded legal representation of all claimants.
6 Lake Alice has been the only class action brought against the Crown in the historic abuse context.
Systemic abuse
7 The question of whether abuse in the various state care settings has been "systemic" has taken on significance. The question has been relevant to considering the scale and nature of abuse in state care, and the Crown's failure to prevent it, but it has also been used in a more refined way when considering the Crown's approach to redress. Abuse being characterised as "systemic" (or not) has generally been the Crown's justification for the different approaches between the global settlement for survivors of abuse at Lake Alice and other abuse in care claims, which have tended to be assessed on a case-by-case basis.
8 "Systemic" has been used to mean abuse that was so uniformly experienced in the institution and clear from its own record (as in Lake Alice) that the Crown was prepared not to investigate individual claims, but rather to proceed on the basis that that if a person was at Lake Alice during the relevant period, that was an adequate basis for redress in the two Lake Alice settlements.
9 Unlike the abuse described by Lake Alice survivors, other survivors' accounts have been characterised as relating to different institutions, different perpetrators, different types of abuse, and during different periods. On this basis, abuse outside of Lake Alice has generally been described as not being 'systemic or endemic'.[2]
10 The Commission will of course form its own view of whether abuse has been systemic, and the ramifications of any such finding for redress. As noted in the Solicitor-General's evidence, it is not clear that the Crown has considered what systemic abuse would look like, outside of the Lake Alice environment (in which the perpetrator, setting, time period, and time of abuse were consistent). Differences in exactly what was meant by "systemic" at various points in time may have somewhat clouded the issues. The proper question may be whether the absence of safeguards and systems to prevent abuse, and act promptly and properly on it when discovered, is a systemic failure.
Para 2.2 The criteria under which survivors were eligible for and able to receive monetary redress for civil claims made or filed during the relevant timeframe, how such monetary amounts were calculated, and the means by which such information was made available to survivors and/or their legal representatives
Para 2.6 The means of resolution or settlement and outcomes (monetary and non-monetary) of all civil claims within the relevant timeframe
11 Initially, survivors sought redress through the courts. The availability of such redress was dependent on first establishing liability against the Crown. The considerable barriers to establishing liability in this setting are dealt with in other parts of these submissions relating to litigation.
12 As the Commission has heard, over time, agencies in receipt of historic claims have developed their own resolution processes, to provide claimants with an alternative to court proceedings. The agencies have chosen to assess the claims under these processes, rather than through a litigation-focused lens that would typically focus on the likely outcome if a matter proceeds to court.
13 The redress processes have changed over time but have some common features, including a low standard of evidence, and the use of "categories" of abuse, with quantum being assessed based on (broadly) the seriousness of the allegations.
14 Criticism that the quantum of redress in ADR processes is insufficient has been a feature of the evidence of Cooper Legal and survivors (and perhaps understandably so, given the experiences of claimants during their time in care). The following points are relevant in this context:
The ACC bar: agencies against whom abuse in care claims are made are operating within this unique policy framework; as starkly illustrated by the White litigation, where notwithstanding positive findings of sexual assault the Court made no finding of liability and therefore awarded nothing to the plaintiffs.
The agencies have therefore been faced with the issue of what should be provided when they are confronting claims that face the legal barriers recognised by the Courts and therefore do not give rise to Crown liability, but where it is recognised that children and other vulnerable people have been harmed while in state care.
The question in relation to payment levels must be viewed against this background: what is the appropriate level of payment by a government agency, disbursing public funds, where legal liability is unable to be established?
The higher settlement payments made in the W and S cases[3] have not provided a helpful guide, as they were settlements following court findings of entitlement to compensatory damages (at the time the plaintiffs succeeded the ACC bar did not apply; the ACC Act was subsequently amended to prevent this result).
15 A consistent approach across the agencies, in view of these issues, has been to treat payments as payments to recognise harm that has been suffered rather than as compensation or as an entitlement.
16 The Ministry of Social Development (MSD), Ministry of Health (MOH), and Ministry of Education (MOE) all make partial contributions to Legal Aid debt which, in conjunction with Legal Aid writing off the remainder of the debt, enables survivors to retain all redress payments made (rather than having to repay Legal Aid out of these sums).
17 Some brief further comments in relation to each agency's resolution system follow.
18 Overall, criticism of MOH's current redress process has been addressed to quantum. The timing of MOH's process has not been an issue, with the time taken being 4-6 weeks from receiving records.
Eligibility for engagement in the redress process
19 Eligibility for engaging in MOH's redress process is based on those claims for which MOH could be a proper defendant. Principally this has been in the care of psychiatric institutions prior to 30 June 1993. Where the claim relates to abuse in the Child and Adolescent Unit at Lake Alice the claimant will be eligible for assessment under MOH's Lake Alice-specific process, which is similar to the usual process but with a higher level of quantum.
20 MOH has also settled contemporary litigation filed against it, such as that of Mr Beale, relating to events after 30 June 1993 where Mr Beale was in the voluntary residential care of a private facility.
21 In order to receive payment in relation to abuse, the survivor must be able to show that they were in the relevant institution at the relevant time. Further evidence supporting the allegations is one factor that goes to quantum but is not necessary in order for allegations to be accepted for the purpose of making a payment. The evidence required to support an allegation is described as "whether it is reasonable to believe that the abuse may have taken place, for the purpose of making an offer".[4]
Calculation of monetary amounts
22 Claims relating to the Child and Adolescent Unit in Lake Alice settled in the early 2000s were paid a higher level of quantum than other MOH settlements (with claims being paid at an average of $70,000).[5] Ongoing claims relating to the Child and Adolescent Unit continue to be paid at the same level.
23 Claims settled under the CHFA global settlement process were grouped into five categories, with a maximum payment of $18,000.[6]
24 Current claims under MOH's historic claims process are generally paid at half of the quantum of the CHFA settlements, with a maximum payment of up to $9,000. However, where current claims show that they are able to overcome the Limitation Act defence they will be settled up to $18,000 (ie, on the same basis as the CHFA settlements).[7]
Availability of information about redress
25 Survivors have been able to find out about MOH's redress by referral from the Confidential Forum, CLAS, and more recently the Royal Commission, during their respective periods of existence. Information is currently available on the Abuse in Care website. MOH acknowledged in evidence that information about the redress process should also be put on MOH's own website. Those law firms involved in representing claimants to seek this type of redress are also aware of the Ministry's process. The Lake Alice settlement process which occurred in the early 2000s was well publicised at the time.[8]
Means of resolution and non-monetary outcomes
26 MOH's redress payments are accompanied by an apology letter, usually in a template form although that may be adapted on request, as in the case of Mr Beale.
Ministry of Social Development
27 As MSD receives by far the largest number of claims, it has undergone the most evolution in terms of changing process. MSD acknowledged that the delays in its process are unacceptable and must change, and Ms Hrstich-Meyer described the initiatives on foot to address this.
Eligibility for engagement in redress processes
28 Survivors have been eligible to engage in the Ministry's ADR processes for claims of abuse while in MSD's care, though prior to the Crown Litigation Strategy being updated ADR would not be available except for claims assessed as being able to overcome the legal barriers often faced by historical abuse claims. Mr Wiffin's case is an example of a claim spanning these two eras of the Crown Litigation Strategy and was not properly assessed on the basis of setting aside legal defences until the claim had already been discontinued, even after adoption of the revised 2008 Crown Litigation Strategy with its focus on assessing claims that had factual merit. MSD acknowledged the inadequacies in the way this claim was handled at the time Mr Wiffin's claim was reviewed in 2010. At this hearing, MSD witnesses and the Solicitor-General apologised to Mr Wiffin, including for delays in assessing his claim and its failure to take into account and disclose to Mr Wiffin relevant information it held about his allegations, including specifically information relating to Mr Moncrieff-Wright's conviction history.
Approach to calculating monetary amounts
29 The approach to calculating monetary amounts has varied to some extent across MSD's processes, from the initial ADR process, the Two Path Approach (six categories ranging from $5,000 to $50,000), and the process now used following the November 2018 changes to the ADR process (seven categories, ranging from around $3,000 to above $55,000). Higher quantum of payment has been available for more serious and/or prolonged abuse. MSD has endeavoured to achieve consistency between payments across its different systems.
30 Information about MSD's process is available online, including a brochure and Historic Claims Business Process and Guidance intended to provide greater transparency around the process which was developed as part of the post-2018 changes. Further communication material is planned, to be completed in conjunction with claimants, in order to provide more information about the claims system, the choices available to claimants, and what to expect during the claims process.
31 Resolution is typically by settlement payment, although prior to November 2018 some payments were made on an ex gratia basis. Survivors receive an apology letter as well. The post-2018 changes to MSD process envisage considering feedback from claimants about what they would like to receive as part of their apology.
32 Another potentially very significant change to the redress available, still in a pilot phase, is providing wraparound services by way of a community provider using a navigation delivery model. The focus of that support will be tailored to each claimant based on their self-identified goals (e.g. employment, accommodation, education, therapeutic support, whanau reconnection support).
33 MSD has historically paid for counselling or other services for a number of survivors, either as part of their redress or as assistance to navigate the claims process. MSD's approach is around supporting claimants to access counselling, which may include linking them in with appropriate support (i.e. ACC) or funding counselling where necessary. Separately, "wellness payments" were developed as a means by which those claimants who were not eligible for a settlement payment by MSD might still receive some funding for services. Wellness payments could also be used for counselling, or for other similar services such as anger management or tattoo removal. Other ad hoc non-monetary outcomes have also been referred to, such as the survivor who was provided at his request with walking boots.
34 Ms Hurst accepted there are delays in MOE's process that are frustrating for claimants, and said MOE are endeavouring to take steps to address this.[9]
Eligibility for engagement in redress process
35 Generally speaking, a claim will be eligible for assessment under MOE's redress process if the Ministry is the correct defendant.[10] That is, if the claims are about events at any closed school, or an open primary school before 1989 (this includes residential special schools). MOE may not be the correct respondent, and therefore the claim will not be eligible for assessment, if the claims are about an open secondary school at any time period, an open school after 1989 or a private school. In that case, the claim will be referred to the correct respondent.
Availability of information about redress process
36 Information about MOE's redress process is available on its website. Claimants can make contact by email or telephone.[11]
Approach to quantum
37 MOE's approach to quantum was based on MSD's quantum payments, when MOE established its process. A comparison on MOE's payments showed its goal of achieving general consistency with MSD has been reached, as discussed in Ms Hurst's evidence.[12]
38 Resolution of claims is usually by way of settlement and is accompanied by an apology letter. Apologies have at times been made in person.
Oranga Tamariki
39 Oranga Tamariki is at an earlier stage in the development of a full assessment process than other agencies, though has implemented a process to manage the set of claims that pre-date Oranga Tamariki. Claims are eligible for assessment by Oranga Tamariki where they relate to abuse in care after 1 April 2017.
40 Information about how to make a claim is available on the Oranga Tamariki website or by talking to an advisor on the free-phone number. Information about making a complaint (which if appropriate will be triaged into the claims process) is available in brochures and on the Ministry's website (including a child-friendly section of the website). Oranga Tamariki has also worked with MOE to ensure those in an education setting are aware of Oranga Tamariki's process, following research which showed children were more likely to discuss abuse with a trusted adult in an education setting than with Oranga Tamariki directly.
41 Apologies, as part of the redress process, have been tailored and have included in-person apologies from senior Ministry employees.
Para 2.3 The extent to which the Crown's policies, procedures, processes or strategies had regard to Te Tiriti o Waitangi and tikanga Māori
Agencies' processes
42 All agencies have recognised that the work of the Royal Commission will inform and assist their work in this important respect; specifically giving better express recognition to Treaty principles and the incorporation of tikanga Māori into their processes. The work of the Commission in relation to the experiences of Māori in the state care system will have particular significance in this regard.
43 MSD's evidence was that substantial consultation with Māori occurred in 2017 which fed into the Ministry's new process which was implemented in November 2018[13] Feedback such as resolution requires more than just money has helped shaped the Ministry's commitment to the development of wraparound services and considering the possibility of including initiatives such as whānau reconnection support as part of the package offered to claimants. This consultation has also led to some practical changes in the Ministry's process with a focus on increased diversity and cultural competence of its staff, along with introducing more choice for direct claimants such as offering whanau group interviews where appropriate.
44 MOE's evidence was that its own process was largely based on MSD's, and Ms Hurst acknowledged that MOE had not worked in partnership with Māori to date. That work is scheduled to be done in the first half of 2021 (the need has been clearly flagged in the draft of the external consultants' review of MOE's process commissioned this year): she was clear that the advice received was that a consultation process needed to be done properly.
45 Mr Knipe acknowledged that MOH's processes have not involved any express engagement with Te Tiriti principles although he referred to the flexibility of the HARS process to meet individual cultural needs and welcomed input from the Royal Commission on this issue.
Māori claimants' feedback in MSD process
46 The 2017 MSD consultation with Māori made it clear that represented Māori claimants were generally less satisfied with the existing process than those who took their claims to the Ministry themselves (referred to as "direct claimants" in the hearing).
47 In this regard, it needs to be noted that all of the Phase 1 survivor witnesses were individuals who are represented by lawyers in respect of their claims for redress (all of them but one by Cooper Legal) and all had filed claims in Court. MSD's evidence was that as at 30 June 2020, 59 per cent of claims were registered by claimants without a lawyer.[14] At least in the context of the public redress hearing:
There was no evidence of survivors who have come forward to the agencies directly to advance their claims. This means that the Commission only has Crown evidence in relation to the experience of those survivors under agency resolution processes, which is not ideal.
In the absence of survivor evidence from the large number of survivors who are not clients of a law firm, the agencies have not attempted to speak for them, but anticipate that the Commission will take its own steps to obtain that valuable perspective. Without that perspective, the Inquiry will have an incomplete picture of the state redress system.
48 The Crown invites the Commission to obtain the perspectives of some of the people who have claimed redress from State agencies without representation by a lawyer.
Para 2.4 The Crown's standing orders to Crown Law in relation to the conduct of civil litigation, the existence of civil litigation guidelines or values, and their application in the conduct of civil claims by Crown Law
Crown Litigation Strategy
49 The Solicitor-General's evidence has dealt in detail with the Crown Litigation Strategy in relation to claims of historical abuse and its evolution since the early claims were filed. As Mr MacPherson also explained, the Strategy applied to all litigation conducted for departments by Crown Law.
50 Initially the Strategy proceeded on the basis of a "three pronged approach", which included requiring all claims to be filed in court, noting the advantages of settling meritorious claims and testing legal frameworks. Settlement with a compensation element would not be offered for claims that were ACC barred.
51 This approach was reflected in the White litigation: settlement offers made by the Crown followed an assessment of litigation risk. Offers were not made on the basis that the White brothers' claims were factually meritorious.
52 Significant changes were made to the Strategy in 2008: the result was a revised strategy with the following elements:
Agencies to seek to resolve grievances early and directly with the individual where that is practicable;
Settlement to be considered for any meritorious claims;
Claims that proceed to court are to be defended and conducted according to the litigation strategy.
53 Note here the changing approach to what is "meritorious" as explained by both the Solicitor-General and Mr MacPherson: in the early days this term referred to cases that were regarded as being likely to succeed in court (ie, would overcome the legal barriers to establishing a claim). Over time, reference to a claim being "meritorious" in the historic abuse context came to mean that the factual allegations were likely to be well-founded, regardless of the legal hurdles that might stand in the way of it succeeding if litigated.[15]
54 As Mr MacPherson for MSD explained, MSD took the Cabinet paper with the revised 2008 Strategy to direct settlement where there is a moral value in settling the claim.[16]. Mr Wiffin's case, as acknowledged above, was a case where that did not occur through error (or a series of errors), and as the Solicitor-General said, appeared to have been a case in which the two processes (litigation and informal resolution) should have come together better, but did not.
55 This movement away from reliance on legal defences when considering resolution of claims outside the court process did not happen at a particular point in time: but it is clear that there was a general shift away from relying on the legal defences in this context from 2008.[17] It is acknowledged however that the availability of defences will always have some relevance, in the sense that they are the reason for offering access to an ADR process that proceeds on the basis that there is no legal liability on the part of the agencies.
56 The Crown Litigation Strategy was reviewed in 2011 and the result was that it was to keep operating in broadly the same way, with a new recommendation to settle CHFA claims on a global basis and consideration of broader options for redress including apologies, contributions to legal costs and payment for services and/or ex gratia payments.
57 The most recent iteration of the Crown Litigation Strategy is the (renamed) Crown Resolution Strategy agreed by Cabinet in December 2019, which comprises four overarching principles:
Agencies will seek to resolve grievances early and directly with the individual, including in the process the individual's whanau, hapū, iwi and community, where the claimant wishes;
Settlement will be considered for all meritorious claims, and will generally be full and final without admission of liability;
If claimants become aware of additional material information or circumstances that were not considered by the Crown at the time of settlement, the Crown may consider that new information and whether any additional response should be made; and
Where claimants wish to litigate their claims in court, the Crown will concede any factual matters it does not dispute and will rely on appropriate factual and legal defences.[18]
58 Officials were further directed to consider reform of the Limitation Act 2010 in respect of historic abuse claims, and to consider potential options for the central assessment of or review of historic claims. Both are underway, with a terms of reference for a working group to consider the central assessment of claims having been approved on 24 September 2020.[19]
59 In terms of the experiences of survivor claimants, the aspiration of the Crown Resolution Strategy is to ensure the fullest opportunity to resolve grievances early and in accordance with their needs (in terms of the involvement of whānau and others).
60 However, as the Solicitor-General appropriately acknowledged, in the event that a matter proceeds down the litigation route, the court process (with its function of testing evidence and putting plaintiffs to the proof of disputed matters in an adversarial setting) will still apply.
Model litigant policy
61 The "model litigant" concept was addressed by the Solicitor-General. In short, she described the concept as "fair play in action", being a set of principles which the Crown holds itself to and can be expected to abide by in the conduct of litigation. This expectation recognises the resources of the Crown and the power imbalance that creates. She readily accepted that this approach required the Crown to be held to the highest professional standards.
62 Ms Jagose explained that while the model litigant policy has long been a part of Crown conduct of litigation, it had not, until 2013, been enshrined in any particular document (responding to the 2012 report by Miriam Dean QC and David Cochrane). The "Attorney-General's Values" were produced and published in 2013 to address this perceived gap: as Ms Jagose made clear, the absence of the term "model litigant" in that document does not indicate a shift away from model litigant principles which are reflected in it.[20]
63 The Solicitor-General appropriately acknowledged in her evidence that there have been times, and particularly in the litigation around the time of the White trial, that model litigant principles have not been adhered to in line with the expectations of the A-G's Values:
Crown law acknowledged in the State Services Commission investigation into the use of external security consultants by government agencies that its instructions to private investigators in the White litigation had been over-broad; in this inquiry, the Solicitor-General acknowledged again that this "fell well short" of those standards.
The Crown's early approach to name suppression applications for survivors of sexual abuse, including in White, was accepted as incorrect by Ms Jagose. The apparent suggestion by a Crown lawyer that name suppression should be opposed with the objective of discouraging other claimants to come forward was appropriately characterised by her as "appalling". (The current approach is that the Crown will generally abide these applications.)
Delays and "apology" in Ms McInroe's case, along with the lack of care taken in relation to custody of and return to her of her personal journals.
The opposition to applications for reasonable adjournments by plaintiffs' counsel when there was no apparent prejudice to the Crown.
64 In addition to specific steps in litigation that have been dealt with above, other issues have been identified in this inquiry that have demonstrated shortcomings in Crown process. The Solicitor-General accepted that in Mr Wiffin's case there had been poor practice in a number of respects, including that there had been a failure to connect vital information and therefore to properly engage with settlement of the claim when it should have been seen as meritorious; that Crown Law had said it would interview Moncrieff-Wright and did not and nor did it advise Mr Wiffin of that, even though he had abandoned his complaint to the Police to allow this to occur; that the settlement offer made to Mr Wiffin was a missed opportunity to resolve his claim appropriately.
65 However, as the Solicitor-General also explained, some of the steps taken by the Crown in litigation and criticised by Cooper Legal as "tactics" or conduct that was not in line with its model litigant principles were in reality the Crown acting appropriately to defend cases brought against it in a necessarily adversarial context. Examples included:
The pleading of limitation defences;
Reliance on the ACC bar;
The seeking of costs orders where appropriate:
The costs order sought against the plaintiff in the Navy case who had sought leave to appeal to the Court of Appeal in relation to a timetabling direction of an Associate Judge (following review by the High Court): this step was regarded by the Crown to signify its view that the proposed appeal was meritless and a waste of resources (and in any event appears not to have been enforced).
"But for" orders sought in respect of unsuccessful legally aided plaintiffs – where the order would not affect the plaintiff personally but indicate that but for the grant of funding costs would follow the event in the usual way.
Testing the facts in litigation where those facts are not accepted or not known.
66 It also needs to be said (as the Solicitor-General explained) that notwithstanding the Crown's conduct in accordance with the standards of fair play it has accepted, the litigation process will still be a challenging and difficult process for vulnerable plaintiffs.
67 The Crown recognises that access to the courts is an aspect of civil justice but, as the Solicitor-General acknowledged, Aotearoa/New Zealand's system of civil litigation will always be based on opposing parties putting the other party to the proof of facts in dispute and seeking to persuade a judge of the rightness of their case.
68 As Ms Jagose said, there may well be room for change in terms of the way that (for example) evidence is given in historic abuse claims, as there have been advances in that respect in the criminal law. She noted that the civil litigation system may not have adapted to advances in learning about the effects of sexual abuse as a result of the ACC scheme.
Para 2.5: The approach to, use or application of legislative provisions, including but not limited to the Limitation Act 1950 (and the subsequent Limitation Act 2010), the Privacy Act 1993, the Official Information Act 1982, and the Accident Compensation Act 1972 (and successive legislation), including whether or how legislative provisions hindered or precluded the ability of individuals to bring or pursue civil claims against the Crown
Information release
69 The Privacy Act and Official Information Act govern the release of survivor claimants' records (and in a litigation context, the discovery rules apply).
70 The Privacy Act applies to claimants' request for information about themselves. It prohibits the unwarranted disclosure of any personal information about an identifiable individual unless certain specified exceptions apply.[21] In cases of breach by an agency, an individual whose privacy is breached may complain to the Privacy Commissioner and bring proceedings against the agency.
71 The Official Information Act will apply when an individual requests information that is not their own personal information. One of the withholding grounds under s 9 is that withholding the information is necessary to protect the privacy of natural persons, including deceased natural persons.
72 The requirement to comply with this legislation – and particularly the Privacy Act – means that in many cases, claimants requesting their records find that there are significant and widespread redactions. Redactions will be made generally where other people are referred to: Ms Hrstich-Meyer gave evidence of the difficulties that arose in relation to family files, where MSD cannot release information about other family members without express consent.
73 The agencies have acknowledged and understand the frustration this can cause, but nevertheless need to ensure compliance with their legal obligations to protect privacy.[22]
74 These obligations are imposed under law for good reason, and their significance is perhaps particularly acute in the present context (information is likely to be highly personal or sensitive in nature).
75 It is acknowledged, also, that the process of checking records for releases of information to claimants or their lawyers takes time, and that in some cases the time taken has been unacceptable. Both MSD and MOE have, at times, engaged extra staff to clear backlogs of Privacy Act requests and both have acknowledged there is more work to be done, to expedite this process, while still appropriately ensuring the protection of privacy.
76 Some changes have been made: specifically, Family Court reports on a survivor that were withheld are now able to be released.
77 Ms Hrstich-Meyer noted that MSD was considering the possibility of approaching information release in a different way, so that (depending on the preference of the survivor), rather than receiving large numbers (hundreds) of documents with numerous redactions, it might be possible instead to provide timelines or summaries of the records, that would assist the claimant to understand their care journey without the difficulties associated with release of the records themselves.
78 It is clear, again, that the release of records is an area where further work can be done to bring the (reasonable) expectations of survivors closer to the reality in terms of the timing of receipt of their records and the content of the material when it is received.
79 The final point that should be made in relation to the privacy legislation is that some care needs to be taken in regarding the application of these rules as a "hindrance": the right to personal privacy has been provided for and protected in legislation for good reason. Having said that, as agencies appropriately acknowledge, these legislative requirements ought not to significantly delay claims; even within the legislative framework there is room for flexibility; and significant work has been completed to speed this part of the process up, particularly within MSD, which has by far the greatest volume of claims.
Discovery (litigation)
80 For filed claims, plaintiffs may seek discovery and will be entitled to see all relevant material held by the defendant agency. The provision of information for the purpose of court proceedings is an express exception to the prohibition on disclosure of personal information in the Privacy Act. That is why the Court in N v Attorney General was able to order that non-redacted versions of records should be disclosed to plaintiffs' counsel to allow for an assessment of relevance.[23]
81 The application of the statutory bars in the Limitation Acts of 1950 and 2010 have been described in the context of this hearing as a technical defence employed by the Crown (at its election) to defeat the meritorious claims of survivors.
82 The Solicitor-General has explained that this characterisation is not accurate, referring to the rationale for the limitation statutes, including the need for finality in litigation.
83 The Crown has agreed to "stop the clock" agreements so that claimants who engage in the MSD ADR process are not disadvantaged in limitation terms by participating in that process. MOE has endeavoured to agree to a similar arrangement but that was not able to be agreed with Cooper Legal.
84 Crown Law has recently drafted a limitation policy that will apply to claims relevant to MOE and MSD. Representatives from Cooper Legal have been consulted in relation to the policy.
85 Mr Knipe confirmed there are no currently active claims against MOH; that for eligibility for its resolution process MOH doesn't apply any limitation bar, but that in the event MOH needed to consider limitation/stopping the clock (for litigation), that would be in line with the overall Crown approach.
86 Further, as the Solicitor-General explained, policy work in relation to possible legislative reform of the Limitation Act 2010 is underway and will be informed by the work of the Commission.
87 If the Commission reaches the view that limitation defences should not be available to defendants in the present context (or their availability should be limited), any recommendations to that effect would need to be directed to amendment of the limitation legislation. While the defences are available under statute, they will be reasonably available to the Crown, and therefore may be pleaded under the Crown Resolution Strategy, Principle 4.
88 In this regard it is noted that the Limitation Act 2010 presently provides for judicial discretion to grant relief in cases of abuse of a minor (both sexual and non-sexual): ss 17, 18 of the 2010 Act.
ACC bar
89 ACC: Since 1974 (Woodhouse report and resulting legislation) the NZ government has made and maintained a policy choice to abolish the right to sue for personal injury and replace the remedies that a court might award with entitlements under the ACC scheme. The following points should be noted:
The application of the ACC bar is not a choice for the Crown but is a part of the law.
The limited evidence (primarily from Cooper Legal) has been to the effect that ACC does not provide "full compensation" or remedies that are suitable for these claimants.
The question for the Commission (not asked or addressed in the present hearing) is whether, if this is a fair criticism, should be addressed via some legislative change to the scope of the bar, or to ACC policy settings/entitlements (legislation/regulations), to provide more meaningful remedies for this claimant group. The Crown welcomes the exploration of the ACC regime in a future round table, indicated by counsel assisting at the commencement of this hearing.
Mental health legislation immunities
90 Historic mental health legislation also placed limits on the rights of abuse survivors to bring proceedings in relation to psychiatric institutions, as described in the evidence of Mr Knipe at paragraph 3.3.
Legal Aid for abuse in care claims
91 The grant of legal aid and conditions of any grant are provided for by the legal services legislation[24] and are therefore always subject to statutory constraints.
92 Decisions as to whether to grant or withdraw legal aid are made on the merits and, in the context of claims for abuse in care, Legal Aid has been necessarily responsive to the decisions of the High Court and Court of Appeal. It was also apparent from Mr Howden's evidence that Legal Aid should not "set people up to fail" by funding cases that were very unlikely to succeed, and would have been creating debt for those individuals: "where there is no real prospect of success it serves no one's interest to allow false hope, or to subject defendants to what is an inevitably doomed claim against them".[25] Legal Aid accordingly made an assessment on the prospects of success of a case when considering whether aid should be granted or continued in that case.
93 The change in the Crown approach to provide for alternative resolution processes meant that the required merits assessment changed as the Crown waived reliance on its legal defences for the purposes of eligibility for settlement, therefore making the ongoing requirement that Legal Aid be satisfied of the "prospects of success" less problematic than in the litigation setting.[26] Claimants are able to be funded for their legal costs of participating in these processes.
94 The Legal Services Commissioner is able to waive repayment of debt, which is exercised regularly for abuse in care claimants. This means that claimants do not need to repay their legal aid.
95 Legal Aid worked with Crown agencies to facilitate arrangements so that as part of a settlement, the Crown agency would contribute payment to an agreed percentage of a claimant's legal aid debt. This resulted in the debt consequences of legal aid being extinguished for most claimants. Although Cooper Legal has criticised the discussions between Legal Aid and relevant agencies leading up to those arrangements (as detracting from the independence of Legal Aid), the outcome benefited the claimants and did not have any detrimental effect on Cooper Legal's business.
96 Legal Aid's approach to the historic abuse claims has evolved since the early claims, with significant initiatives being put in place to manage the relationship with Cooper Legal (as the majority provider). Examples include regular meetings with Cooper Legal and the provision for a period of a relationship manager and global billing. Ms Cooper and Mr Howden both gave evidence of the relationship improving following a private mediation arranged by Legal Aid.
97 Cooper Legal were critical of Legal Aid for communicating with claimants directly to advise of the availability of ADR processes. Mr Howden confirmed that this communication was confined to providing information about the processes and did not in any way suggest that clients of Cooper Legal should pursue these claims directly rather than through Cooper Legal. He also explained that the communication was made as Ms Cooper had not been prepared to confirm that her firm was providing this information to her clients, and that Legal Aid obtained advice from a Queens Counsel on its proposal to forward claimants the information on MSD claims processes. Further, as the documents demonstrate, claimants were told that their legal aid would not be changed if they entered the ADR process.
98 The evidence of Legal Aid witnesses was that Legal Aid communicated with agencies only in relation to certain (appropriate) areas:
Forgiveness of legal aid debt;
Ensuring that offers of settlement were being passed on;
'But for' orders under s 41 of the Legal Services Act 2000.
99 Mr Howden confirmed that there had never been any other communications between Legal Aid and an agency in relation to an individual case.
100 In terms of criticisms of the independence of Legal Aid generally, and in particular since Legal Aid Services has become a part of the Ministry of Justice, the independent role of the Commissioner is covered at paragraphs 2.1 to 2.3 of Mr Dooley's primary brief and 4.1 to 4.6 of his reply brief.
2.7 The total cost to the Crown of all monetary settlements for civil claims made or filed during the relevant timeframe, and the total expenditure by the Crown on litigation costs in the same period
101 Since 2000, the Crown agencies involved in State care redress have paid approximately $47.8 million in settlement payments, $30.6 million in legal aid or legal fees to assist claimants, and $7.2 million in litigation-related costs. A breakdown of the costs by agency is set out in the appendix to these submissions.
2.8 The extent to which the Crown's policies, procedures, processes strategies or outcomes conformed to international human rights obligations which were binding on New Zealand throughout the relevant timeframe
102 This issue has been addressed in the evidence of the Solicitor-General.[27]
Crown witnesses – observations on future for historic claims
103 While the Crown was not specifically asked to give evidence on recommendations for reform, various witnesses responded to questions from the Commissioners regarding their perspective on the potential way forward for redress for abuse in care.
104 When giving oral evidence Mr MacPherson described some of the considerations which arise under the broad topic of independence: independence from whom and for what purpose? From agencies who have historically had responsibility for the abuse? From Ministers? Mr MacPherson explained that, irrespective of the structure adopted, Ministers still have to approve expenditure of public money ("I'm not sure how you deliver yourself from budget constraints") and there is no simple answer here: you won't deliver yourself from trade-offs, you simply shift those trade-offs to different places. [28]
105 Mr Young also observed that, for any future redress process: "one size doesn't fit all". For example, delays will have been unacceptable for some people; but some claimants have said they were pleased to have had some time to process. Future processes need to be adaptable to the wants/needs of individuals and survivors ought to have some input into what they want from the process.
106 Mr Young and the Solicitor-General both commented that it might be best to take lawyers out of the picture in the resolution process, if a trauma informed approach were to be the starting point. [29]
107 Mr Young noted that another huge challenge is quantum. If people are to receive a financial payment should it be compensation? Or is it an acknowledgment of what a person has been through? And, whatever the answer is to that question, what is an appropriate financial payment which acknowledges what a person has been through? And, irrespective of the entity established to assess claims, how does one test a claim? What checks and tests will be employed? [30]
108 Ms Jagose acknowledged that there has long been a call from survivors for a separate entity to provide redress, on the basis that it may well be repugnant for survivors to go to the same institution for redress that housed or employed their abusers.[31] It should also be noted, however, that Ms Jagose observed that as set out in the letter from the Attorney-General to the Human Rights Commissioner in 2011, impartial and prompt investigations can be achieved, as required under the Convention Against Torture, without requiring structural separation, (citing Police Chiefs and Prison Inspectors as examples).[32]
109 Mr Young understood some survivors' perception that the entity responsible for employing alleged abusers should not also be investigating allegations of abuse. His evidence was that while there has not been independence there had always been impartiality, in that the historic claims process sat outside the CYF, and those working in the historic claims team brought an impartial and survivor focused mind to the claims.[33]
110 The Crown is grateful to the Royal Commission for providing it with the opportunity to present the agencies' perspectives on the issues for consideration and looks forward to engaging further with this important inquiry.
Otirā, tēnei te mihi a te taringa are are ki ngā taonga o te kaupapa nei. Rau rangatira mā, tēnā koutou, tēnā koutou, kia ora tatou katoa.
Date: 5 November 2020
Wendy Aldred | M L Clarke-Parker
Counsel for the Crown
[1] Mr Knipe's primary brief of evidence, at 4.1-4.14.
[2] See for example Report to Join Ministers of Justice, Health, Education, Social Development and Employment, and to the Attorney-General Historic Claims – Update on Review (15 December 2009) at [7], referenced at 9.7 of Ms Jagose's primary brief of evidence.
[3] S v Attorney-General [2003] 3 NZLR 450 (CA); W v Attorney-General CA 227/02, 15 July 2003.
[4] Mr Knipe's primary brief of evidence, at 7.2(h).
[5] Mr Knipe's primary brief of evidence, at 4.11.
[7] Mr Knipe's reply brief of evidence, at 2.16.
[8] In questioning of Mr Knipe, it was suggested that the reason for Mr Stevens' delay in making a claim in relation to Lake Alice was because Mr Stevens was unaware of the Lake Alice settlement process. Mr Stevens does not state this in his evidence (nor does he rule it out). If any inference may be drawn from Mr Stevens' evidence about the reasons for his late claim, it is that he found it difficult to talk about his time in psychiatric care until much later; also that his inability to read and write had affected his ability to take the matter further (at 53-55 of Mr Stevens' affidavit).
[9] Transcript from 28 October 2020 at p 842.
[10] Ms Hurst's primary brief of evidence, at 4.14.
[11] Ms Hurst's primary brief of evidence, at 5.3.
[12] Transcript from 28 October 2020 at p 864 and Ms Hurst primary brief of evidence at paragraph 5.35.
[13] Ms Hrstich-Meyer's primary brief of evidence, at 5.32-5.36. There had been earlier, informal engagement with a group of Cooper Legal clients, all of whom were Māori in 2006 and while valuable, MSD accepted that more substantive and structured consulation should have occurred earlier.
[14] Ms Hrstich-Meyer's supplementary brief of evidence, at 8.4.
[15] Sir Rodney Gallen in 2009: CB Tab 164 reference to "moral liability".
[16] Transcript, 20 October 2020, at page 233 (Mr MacPherson).
[18] Crown bundle Tab 95.
[19] The terms of reference are attached to these submissions for the Royal Commission's information. They will be formally provided to the Royal Commission by the statutory declaration of Alana Ruakere, in response to Notice to Produce 20.
[20] See MSC 1077.
[21] Section 6 of the Privacy Act, Information Privacy Principle 11; see also s 29 (agency may refuse a request for information if disclosure would amount to the unwarranted disclosure of the affairs of another individual or deceased individual).
[22] See for example transcript from 27 October 2020 at pages 783-784 (Mr Groom).
[23] N v Attorney-General [2016] NZHC 547.
[24] The Legal Services Act 2000, Legal Services Act 2011.
[25] Ashton v Attorney-General High Court Wellington, CN-2007-485-2711, 8 October 2008, per Simon France J at [75].
[26] Legal Services Act 2000, s 9.
[27] Primary brief of evidence of Ms Jagose at paragraphs 18.1- 18.11.
[28] Transcript, 22 October 2020, at pages 520-521 (Mr Young).
[29] Transcript, 20 October 2020, at page 381 (Mr Young); Transcript, 4 November 2020, at 1367 (Ms Jagose).
[30] Transcript, 20 October 2020, at pages 380-381.
[31] Transcript, 4 November 2020, page 1430.
Last modified: 4 November 2021
© 2023 Crown response to the Abuse in Care Inquiry


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kerala state government
41% of Kerala's coastline facing erosion, says Govt
"The National Shoreline Change Assessment Mapping for Indian coast carried out by the National Centre for Coastal Research (NCCR) using 28 years of satellite data from 1990 to 2018 revealed that 41 per cent of coastline of Kerala is subject to varying degree of erosion."
New Delhi: Satellite data from 1990 to 2018 has revealed that 41 per cent of the coastline of Kerala is subject to varying degrees of erosion, the Parliament was informed on Tuesday.
"Some stretches of India's shoreline are subject to varying degrees of erosion due to natural causes or anthropogenic activities. The National Shoreline Change Assessment Mapping for Indian coast carried out by the National Centre for Coastal Research (NCCR) using 28 years of satellite data from 1990 to 2018 revealed that 41 per cent of coastline of Kerala is subject to varying degree of erosion," Minister of Fisheries, Animal Husbandry and Dairying, Parshottam Rupala told the Lok Sabha said in reply to a question by Congress leader Shashi Tharoor.
Stating that the coastal erosion does impact coastal communities residing in the erosion prone areas including fishermen, Rupala said that the Department of Fisheries, under the Centrally Sponsored Scheme - Blue Revolution Integrated Development and Management of Fisheries, implemented during the period from 2015-16 to 2019-20 - provided financial assistance of Rs 93.84 crore for fishermen welfare-related activities including construction of fishermen houses.
Besides, under the Pradhan Mantri Matsya Sampada Yojana (PMMSY) being implemented with effect from 2020-21, a sum of Rs 50.89 crore has also been provided to the Kerala government for implementation of welfare related activities, including livelihood and nutritional support to socio-economically backward active traditional fishers' family, he said.
Fisheries sector plays an important role in the socio-economic development of about 28 million fisher-folk, providing food and livelihood security, the government said adding, the contribution of the fisheries sector in the National Gross Value Added (GVA) during 2019-20 stood at Rs 1,26,370 crore (at constant basic prices; 2011-12) constituting 0.95 per cent to the national GVA and 6.42 per cent of the agricultural GVA.
Tharoor's question, however, was about GDP and not GVA. He had asked: "Whether the country's fisheries sector enormously contributes to food security by employing more than 14.5 million people and contributing to 1.07 per cent of the GDP and 5.37 per cent of the agricultural GDP."
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Jean-Baptiste Glaire (1 April 1798 – 25 February 1879) was a French Catholic priest, Hebraist, and Biblical scholar.

Biography
Glaire was born at Bordeaux.  Having completed a course of serious study at Bordeaux, he went to the seminary of Saint-Sulpice at Paris, the courses of which he followed simultaneously with those of Oriental languages at the Sorbonne. After his ordination to priesthood, in 1822, he began to teach Hebrew at the seminary of Saint-Sulpice.

In 1825 Glaire was made assistant to the Abbé Chaunac de Lanzac, professor of Hebrew at the Sorbonne, and succeeded him as lecturer in 1831. He was professor of Sacred Scripture in 1836, became dean of the faculty in 1841, and retired in 1851.  He died at Issy, near Paris.

Works
His numerous works are out of print, and largely obsolete.

The following are his chief publications.— On Oriental languages:
 Lexicon manuale hebraicum et chaldaicum, Paris, 1830 (correction of the Lexicon of Gesenius);
 Principes de grammaire hébraïque et chaldaïque, Paris, 1832 and 1843;
 Manuel de l'hébraïsant, Paris, 1850;
 Principes de grammaire arabe, Paris, 1861. On Holy Scripture:
 Introduction historique et critique aux livres de l'Ancien et du Nouveau Testament, Paris, 1836, several times re-edited; he summarized it in his Abrégé d'introduction etc., Paris, 1846, which also went through several editions;
 Les Livres saints vengés, ou la vérité historique et divine de l'Ancien et du Nouveau Testament, Paris, 1845. The portion of his work which endures consists of his translations of the Bible:
 La sainte Bible en latin et en français, Paris, 1834;
 Torah Mosché, le Pentateuque, Hebrew text with translation and annotations;
 La sainte Bible selon la Vulgate, Paris, 1871-1873, an exact but too literal version; the translation of the New Testament, also frequently published separately, was specially examined and approved at Rome. Glaire's translation was inserted in the Bible polyglotte of Fulcran Vigouroux, Paris, 1889-1890. With Viscount Walsh, Glaire edited the
 Encyclopédie catholique (Paris, 1854—), to which he contributed a number of articles.

References

Attribution

External links
 La Sainte Bible selon la Vulgate traduite en français, avec des notes – by Vigouroux, F. (Fulcran), 1837-1915; Glaire, J.-B. (Jean-Baptiste), 1798-1879. trl; Massachusetts Bible Society

1798 births
1879 deaths
Writers from Bordeaux
French biblical scholars
Clergy from Bordeaux
University of Paris alumni
Seminary of Saint-Sulpice (France) alumni

redpajama_set_name: RedPajamaWikipedia


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FXRally Broker Shares The 5 Companies That Will Grow In 2022
Zex PR Wire
London, UK, Binary News Network, The stock market is the most preferred investment destination because of the higher returns that one can expect to receive. Long-term investments are considered best in this case, where you can save your time and money. FXRally broker says that choosing good stocks for long-term growth might be difficult every time, depending on the current market conditions.
But here is good news for everyone, if you are looking to invest in long-term growth stocks, then look at this article which will help you select the best companies that will grow in 2022.
#1 Amazon:
Amazon has managed to become one of the biggest online stores globally where people can buy anything they wish for. The company serves more than 200 million customers worldwide and is expected to increase its user base in five years.
Amazon has diversified itself into different fields like cloud computing, electronic commerce, digital streaming, and artificial intelligence. Amazon also owns one of the largest online video services called Amazon prime, which further increases the company's revenue.
Amazon has an impressive revenue growth rate of 20%, expected to increase further in the next five years. If this happens then, Amazon stock will grow fast.
Amazon is the world's largest online retailer and one of the most valuable companies globally. Amazon was founded in 1994 by Jeff Bezos. At the time, it was an online bookstore, but it has since expanded to sell a wide range of products, including clothes, electronics, and home goods. In addition to its online store, Amazon also owns several subsidiaries, including IMDb, Twitch, and The Washington Post.
#2 Disney:
Disney is also one of the most diversified companies with content production, broadcasting, motion pictures, and theme parks under its umbrella. The company has produced some of the highest-grossing movies recently, including Zootopia, Finding Dory, and Frozen, which gives it a strong foothold in the market.
Disney has developed its streaming service called Disney Life which is expected to boost revenue in coming years. It also owns theme parks worldwide, which helps them generate more money.
Disney is expected to have revenue growth of about 4.8% in the next five years, making it a good choice for investors.
Disney was founded in 1923 by brothers Walt and Roy Disney as the Disney Brothers Cartoon Studio. The company originally produced animated shorts and live-action films. In 1937, they released their first feature-length film, Snow White and the Seven Dwarfs, a major success. Over the years, Disney has created some of the most iconic films and characters in history, including Mickey Mouse, Cinderella, and Sleeping Beauty.
In addition to movies, Disney also owns several television networks, including ABC and ESPN, and several theme parks around the world. The company has been incredibly successful over the years and is now worth more than $150 billion.
#3 Alphabet:
Alphabet is the parent company of Google and has a massive online presence. It is one of the most trusted brands globally, with the most revenue coming from ads through its search engine platform. The company also diversified into other fields like cloud computing, enterprise software, artificial intelligence, and hardware.
Alphabet has a strong revenue growth expected to grow from the current 12.8% to 17% in the next five years. Its impressive revenue growth makes it a good choice for investors looking for long-term investments because its stocks also have a strong potential to grow.
Alphabet Inc. was created in 2015 to become a diversified multinational company. The new company is an independent entity and does not have any common stock ownership with its former parent; Google Inc. GOOGL is Alphabet's closest competitor in the marketplace.
Alphabet has been quite successful, reaching over $700 billion in 2017 revenue five years after forming. This is up from $150 billion when it was created in 2015. As of February 2018, Alphabet was valued at more than $750 billion.
#4 Mastercard:
Mastercard is a payment processing company that has been around since 1966 and operates as a global payment technology company. It operates in more than 210 countries and territories and has a massive user base of 2.5 million people, making it one of the most popular companies worldwide.
Mastercard is expected to have a revenue growth rate of 14.3% in 2022, giving its stock a strong potential for growth. If you are looking for long-term investments, then Mastercard is the perfect option for you.
Mastercard was started in 1966 by Dean Witter and Merrill Lynch to create a new kind of credit card service for traveling people. However, it soon became apparent that potential customers sought more than just credit. This led to the introduction of the first bank-issued debit card in 1972, then BankAmericard.
#5 Micron Technology:
Micron is one of the leading providers of memory and semiconductor products which has a revenue growth rate of about 17% in 2022. Micron acquired Elpida in 2010, which further increased its presence in the DRAM market, and Nanya simultaneously announced it would invest $250 million in the company.
Micron started its journey as a start-up with just eight employees, and now it has more than 64000 employees worldwide, which is expected to increase further in the next five years.
Micron also diversified into the automotive, networking, and medical markets, giving investors good growth opportunities.
Micron was founded in Boise, Idaho, in October 1978. The company's first product was a 64 kilobit (Kbit) DRAM memory chip. In its early years, the company received funding from Arthur Rock and New Enterprise Associates.
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Chronicles Magazine August 2005
Republicanism, Monarchy, and the Human Scale of Politics
Donald Livingston - JULY 01, 2005
The Founding Fathers had to face hard and unprecedented questions about the size and scale of a political order. They occupied a vast region, and conventional wisdom said that such could only be governed by monarchy.
Powers, Principalities, Spiritual Forces
Harold O.J. Brown - JULY 01, 2005
In Ephesians 6, the Apostle Paul writes, "We wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places" (6:12).
Please Tread on Me
Clyde Wilson - JULY 01, 2005
A bit of folklore, often retailed, reports a remark made by the sage Ben Franklin at the conclusion of the Philadelphia convention that drafted the U.S. Constitution. Franklin is supposed to have said: "Well, gentlemen, you have made a...
Raiching the Constitution Over the Coals
William Watkins Jr. - JULY 01, 2005
The Supreme Court is often described as the final redoubt of states' rights. In the last decade, we have heard much about the Court's "New Federalism" jurisprudence.
The Republic We Betrayed
Thomas Fleming - JULY 01, 2005
A republican government is an exercise in human optimism, and patriotic republicans must engage in an unremitting struggle against that human entropy we used to know as Original Sin.
Breaking Glass
The Wrong War
Philip Jenkins - JULY 01, 2005
I am nervous about the course I am teaching, this coming fall, about World War II. As I will explain to the class from the outset, there are a few things I do not know about the topic—namely, when the war began, when it ended, where it happened,...
The Republican Party's Welfare Queens
Doug Bandow - JULY 01, 2005
Republicans routinely portray themselves as fiscal guardians. In truth, they, like the Democrats, are irresponsible wastrels. Outlays are up by one third under President George W. Bush, making him the biggest spender since Lyndon B. Johnson.
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1.7 Mile Wide Asteroid Will Pass By Earth Today
As you go about enjoying the last day in the month of May, a giant asteroid is scheduled to pass by the Earth. The asteroid is in no danger of hitting our little blue planet, but astronomers say that it will be the closest asteroid to pass by the Earth within the next 200 years.
Space.com says the asteroid in question is called "Asteroid 1998 QE2." It will pass by the Earth at a minimum of 3.6 million miles away from our planet at 4:59 p.m. EST, so it poses no threat of colliding with us. The asteroid was first discovered in August 1998, when a team of astronomers at MIT's Lincoln Near Earth Asteroid Research program in New Mexico noticed the trajectory of a rogue asteroid in the sky.
Unfortunately, the asteroid is too far away to view with the naked eye, but it was also recently discovered that it's so big that it has its own moon orbiting it. Asteroid 1998 QE2 is about 1.7 miles wide, while its moon is dwarfed at approximately 2,000 feet wide. If the giant asteroid were to hit our planet, it would completely annihilate all of civilization.
While Asteroid 1998 QE2's likelihood of colliding with our planet is in the millions, astronomers using the Deep Space Network antenna at Goldstone, California are keeping an eye out for the asteroid as it's scheduled to fly by us. The data gained from the observation of the giant asteroid could benefit any future global killer space rocks that pass by dangerously too close to the Earth.
Since it is too far away to watch with the naked eye, Space.com is live-streaming the asteroid's progress as it passes by the Earth. Let's just hope Asteroid 1998 QE2 doesn't change course for Earth, then Michael Bay's Armageddon would be the planet's only plan for salvation.
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