2 June 2023 | by Steven Unthank

The Jehovah’s Witnesses are seeking a judicial review and High Court declaration in New Zealand that the religion has never taken children into its care nor has it ever assumed responsibility for children.

On Friday morning, 2 June 2023, the New Zealand Abuse in Care Royal Commission of Inquiry sent emails to registered child sexual abuse survivors of the Jehovah’s Witnesses institution and their advocates, informing them that an application for a judicial review had been filed by the Christian Congregation of Jehovah’s Witnesses (Australasia) Limited.

Say Sorry has obtained a copy of the email notice as sent out by the Royal Commission. This email states:

“On behalf of the Royal Commission, we are writing to let you know that the Christian Congregation of Jehovah’s Witnesses has filed an application for a judicial review.  A judicial review is the process of going to court to seek a review of a decision that has been made by an organisation under a legal power.

The church has filed the application because it believes the church falls outside the scope of the Royal Commission of Inquiry’s Terms of Reference.

As this is a matter that is now before the Court, we are not able to comment any further on the detail of the judicial review application. But be assured, the Royal Commission is treating this as a priority. We expect to issue a Minute addressing the most recent material received from the Jehovah’s Witnesses in the coming weeks.

The Royal Commission acknowledges this announcement may cause distress to survivors and we are here to support you. Please contact our Contact and Support Centre on 0800 222 727 or respond to this email [redacted] if you would like to discuss any questions or wellbeing support options…

We remain focused on preparing our final report for the Governor-General by 28 March 2024 and this work will continue while the Court considers the application for judicial review.”

Royal Commission official public statement

The following official public statement from the Abuse in Care Royal Commission of Inquiry, on the judicial review application by Jehovah’s Witnesses, has been published on the commission’s website:

“Judicial review – Christian Congregation of Jehovah’s Witnesses

Release date: 2 June 2023

The Royal Commission confirms that the Christian Congregation of Jehovah’s Witnesses (Australasia) Limited has filed an application for judicial review, arguing that it is outside the scope of the Royal Commission’s terms of reference. The church seeks declarations from the High Court that the Jehovah’s Witnesses do not assume responsibility for the care of children, young people or vulnerable people in New Zealand and there are no instances of abuse by the Jehovah Witnesses’ faith within scope of the Inquiry based on the evidence before the Royal Commission, together with several other declarations about the Royal Commission’s process.

As the matter is now before the Court it is not appropriate for us to comment further at this time. The work of the Royal Commission will continue while the High Court considers the application for judicial review by the Jehovah’s Witnesses.”

Download PDF of Royal Commission statement

Jehovah’s Witnesses official media statement

Say Sorry has been provided with a copy of the official media statement, issued by the Jehovah’s Witnesses Public Information Department in Australia, on their High Court judicial review application:

“The Commission’s mandate is to investigate what happened to children, young people and vulnerable adults in State and faith-based care. Since 2019, Jehovah’s Witnesses have cooperated with the Commission, consistently explaining that the religion of Jehovah’s Witnesses does not and never has taken children, young people or vulnerable adults into care. Therefore, the religion of Jehovah’s Witnesses does not fall within the scope of this Inquiry. Despite repeated requests, the Commission has failed to present valid reasons as to why it disagrees. Consequently, the religion of Jehovah’s Witnesses seeks the High Court’s assistance.”

Authorisation of legal action

Legal action of this type can only be launched with express approval of the Governing Body of Jehovah’s Witnesses.

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Resources

Website Abuse in Care Royal Commission of Inquiry

Terms of Reference – Abuse in Care Royal Commission of Inquiry

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This article was produced in conjunction with JW News.

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On 29 August 2019, the JW LEAKS website published an article on the newly formed Christian Congregation of Jehovah’s Witnesses (Australasia) Limited.

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