New Zealand's wealthiest school, Dilworth, is facing a new class action complaint, for its failure to protect boys in its care from being sexually abused.
Survivor Neil Harding, who's spearheading the action alongside another claimant, said “as early as the 1970s, Dilworth School knew vulnerable young boys in its care were being sexually abused by staff and others in positions of power".
He says instead of providing protection, boys who complained were severely punished and silenced.
"The school also moved offenders on and actively sought suppression orders to protect the school’s reputation if the offenders were convicted for their crimes," Harding said.
"Dilworth is responsible for the immeasurable harm each and every boy suffered."
A police investigation's seen eleven men charged with sexual offending, in connection to the Auckland boy's boarding school.
“Over 100 boys have so far complained to the police they suffered sexual abuse at the school. Many of these boys were in their primary or intermediate years, some boys were sexually abused by more than one staff member," Harding said.
But the class action complaint, filed with the Human Rights Commission today, is separate to ongoing court proceedings.
Abuse survivor Neil Harding’s spearheading the new class action complaint, with assistance from an experienced legal team including QC Rachael Reed.
Harding said "this (the class action) is actually about Dilworth's part".
"Dilworth must take responsibility for its role in allowing this systemic sexual abuse to happen over many years.
"They failed the boys in their care..." he told 1 NEWS.
"They perpetuated a cycle of abuse."
Aaron Snodgrass, Chairman of the Dilworth Trust Board said: “Dilworth is aware that a complaint has been filed with the Human Rights Commission. The details of the complaint are confidential to the Commission and Dilworth will not be making any further comment.”
It's understood another class action against the school was dropped last week, with the lawyers involved deeming it uneconomic.
The legal team involved with this new action are working pro bono and litigation funder LPF Group is paying all the expenses associated with taking the claim.
One of those leading the team is Rachael Reed QC.
"It's important for them to be able to access the justice that we consider they deserve."
They want to see any compensation distributed to the victims, rather than it being used to pay for legal fees.
"The school was responsible for caring and protecting vulnerable boys in our community, instead they permitted them to be sexually abused."
“Under the Human Rights Act 1993, the abuse suffered by the Dilworth survivors is a form of sexual harassment committed in the context of education and is therefore a prohibited form of discrimination.
"The legal team considers that a discrimination claim under the Human Rights Act provides the survivors with a pathway to recovering meaningful compensation.
"I'm just hoping that any old boy, particularly listening to this, will feel that what we've put together is something they can really benefit from.. in finally getting some justice.
"I'm not going away, this isn't going away," he said, "I'm determined to follow through and get justice and to send a message to any institution, to any organisation, any school, that you need a proper safety policy, and you need to act on your safety policy.
"You need to protect your members and your students and never put your reputation ahead of your responsibilities.
Harding says his experience of sexual abuse is "just the tip of the iceberg".
A man who groomed him, former assistant principal Ian Wilson, was sentenced earlier this year to more than three years in prison.
Harding spoke to him directly, during the sentencing in March.
"Well that day has come Mr Wilson, you're sitting there and I'm sitting here... Did you not consider that I would grow up and remember your actions? Do you remember, or was I just one of many?"
Wilson's the only one to have been sentenced so far.
Earlier this month Graeme Lindsay became the second man, charged as part of the police investigation, to admit to historical sexual offending.
He'll be sentenced in August.
Six men will face trial next year, and three others have died before their trials could happen.
Survivors and others with information regarding the school’s knowledge about the sexual abuse are encouraged to confidentially register to the class action.
Dilworth School has assets totalling at almost $1 billion.
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