Frequently Asked Questions

What is the Dilworth Class Action complaint about?

The complaint has been made by Neil Harding and HS (whose name is suppressed) to the Human Rights Commission.  Neil and HS complain about the behaviour of the school in failing to protect all students who suffered sexual abuse at the hands of staff and others at Dilworth School in positions of power, which we currently understand to have occurred between 1970 and 2006.

The complaint seeks monetary compensation (known as “damages”) from the School for permitting their students to be subjected to sexual abuse. This abuse is a form of sexual harassment committed in the context of education – which is a prohibited form of discrimination under the Human Rights Act 1993.

After the complaint is made, there is a dispute resolution process that is administered by the Human Rights Commission.  If an acceptable settlement cannot be reached through this process, Neil and HS, on behalf of all of the affected students, can bring a claim before the Human Rights Review Tribunal.

The availability and amount of compensation awarded is very fact specific.  The actual amount of recovery will be subject to the success of the claim, the amount of any settlement, if achieved, and the individual circumstances of your complaint. 

What if the abuse occurred before 1970 or after 2006?

Neil and HS (whose name is suppressed) have made their complaint on behalf of all Old Boys who were sexually abused at the School, irrespective of when. Our current understanding is that the sexual abuse at the school occurred between 1970 and 2006, however, this is not a closed range. We invite all survivors of the sexual abuse to register with us.

How much compensation are you claiming?

The availability and amount of compensation awarded is very fact specific.  The actual amount of recovery will be subject to the success of the claim, the amount of any settlement, if achieved, and the individual circumstances of your complaint. 

Whilst Tribunals generally have a cap on the amount of damages they can award, the Human Rights Act specifically addresses this; the Human Rights Review Tribunal can refer the case to the High Court, where there is no monetary cap, for the granting of remedies. The case as a whole can also be removed to the High Court where the nature of the case means it would be in the public interest to elevate it.

The Human Rights Review Tribunal deals with all manner and forms of discrimination under the Human Rights Act.  The damages awards across these different situations have ranged from $4,500 through to $128,000 per claimant.  However, Dilworth’s breaches of the Human Rights Act are unprecedented; the breaches are significantly more serious and widespread than any other case previously considered by the Human Rights Review Tribunal.  The extent of the breaches, the School’s knowledge and the immeasurable harm suffered by the boys in its care means that we will be seeking compensation at a level above what has previously been awarded for other forms of discrimination.

At this point, we cannot be more specific about the level of damages expected to be recovered.  What we can say is that the damages recovered by each survivor will vary depending on the nature and circumstances of the abuse suffered.

We will discuss this further with you after you have registered and as the complaint progresses.

Can I see a copy of the complaint?

Complaints lodged in the Human Rights Commission are confidential.  Further, the complaint has been made by Neil Harding and HS.  It contains private and confidential information.  The complaint also refers to private and confidential information from other individuals who have agreed to include that information in the complaint. 

For these reasons, the complaint will not be publicly available.

How large is the claim and how will you receive complaints?

Over 120 people have made complaints to the Police as part of Operation Beverley, the Police operation into sexual abuse at Dilworth School.  So far, 11 Dilworth staff members have been charged for offending against boys at the School between 1970 and 2006.  It is anticipated there may be more former students at Dilworth School who have not wished to come forward to date.  We therefore expect these numbers could grow.

For understandable privacy reasons, we are not entitled to know who has made complaints to Operation Beverly or to the School.  Many of the survivors who have engaged with Operation Beverly, or previously made complaints to the Police, also have name suppression.  Because of this, we ask that anyone who suffered sexual abuse at Dilworth School who wishes to be involved in the complaint about the conduct and how the School handled it register their complaint with us

Engaging with our team and the complaints process

If you decide to register your complaint with us, it will be treated as strictly confidential.

There is no obligation or pressure to proactively participate in the claim once you have registered your complaint.  We will guide you through each step of the process as it unfolds and invite you to be involved to the extent that feels right for you. 

Even if you know you do not wish to take part in this class action claim we encourage you to access the support services provided by Safe to Talk.  They are contactable 24/7 on 0800 044 334, or have a webchat function available on http://www.safetotalk.nz.

Please note registering your complaint does not make you a client of Wilson Harle or the barristers they have instructed.

Will my name be made public?

When registering your complaint with us, we will need to verify your identity, but you can choose whether you are then referred to by your name, just your initials or a pseudonym.  Any information you provide to us will be treated as strictly confidential and accessed only by the legal team and our advisers, unless you give express consent for it to be disclosed more broadly. 

Does the claim cover physical as well as sexual abuse?

No. The complaint relates to sexual abuse only.