The Jehovah’s Witnesses has continuously attempted to argue that their organization fell outside the Royal Commission’s scope, claiming they had never assumed responsibility for children, young persons, or vulnerable adults. However, the Royal Commission included them based on a broader understanding of “pastoral care” relationships within faith-based institutions.

 The Royal Commission’s amendment to its terms of reference in 2023 was a critical factor in the decision. It clarified that faith-based institutions could be held responsible for individuals through informal or pastoral care relationships, thus encompassing Jehovah’s Witnesses’ activities.

The Supreme Court, supporting the Court of Appeal’s earlier decision, ruled that the Jehovah’s Witnesses’ involvement in pastoral care relationships was sufficient to warrant their inclusion in the inquiry. The Court rejected claims that the amendment to the Commission’s terms of reference breached their rights under the New Zealand Bill of Rights Act. With this ruling, Jehovah’s Witnesses are now fully subject to the Commission’s investigation into historical abuse, and their attempts to exclude themselves from the process through legal challenges have been blocked. The decision affirms the Royal Commission’s authority to investigate faith-based institutions, even when their role in providing care is less formal or structured.

New Zealand has addressed historical abuse within faith-based institutions in their Case Study released on June 24th, 2024, ensuring that all organizations, including Jehovah’s Witnesses, are held accountable where there is evidence of abuse or negligence.