An independent investigation is set to assess whether allegations of potential human rights violations at Wakari Hospital’s Ward 10A should be escalated to police.
In March, ombudsman inspectors visited Ward 10A, the inpatient unit for adults with intellectual disabilities, in Dunedin.
They noted instances of extended seclusion, prolonged restraints, and instances where basic necessities, like toilet access, were contingent on “good” behavior.
Chief ombudsman John Allen characterized some of these treatments as torture and urged immediate action.
Health New Zealand has decided to close the ward and relocate its patients, while the Ministry of Health has announced an independent investigation in response to concerns from the ombudsman, district inspectors, and others.
On Tuesday, the ministry released the terms of reference, stating that the inquiry will review patient care over the two years leading up to June.
Director of mental health Dr. John Crawshaw indicated that the inquiry might propose recommendations for improving oversight, compliance, and best practices for Ward 10A and similar facilities.
“The inquiry will evaluate whether patient care met legal and clinical standards, if restrictions were justified and proportionate, if patient rights were upheld, and if there are broader systemic issues needing attention,” he stated.
It will also consider whether unjustifiable restrictions were influenced by policy or infrastructure, if Health New Zealand ensured adequate oversight, if managers had the authority to fulfill their duties, and if concerns raised received timely and appropriate responses from involved agencies.
The inquiry will determine whether any potential violations should be referred to the Health and Disability Commissioner or the police in cases of suspected criminal conduct.
Auckland-based district inspector Andrew Molloy will lead the investigation, with support from Wellington-based consultant clinical psychologist Nigel Fairley.
Director-general of Health Audrey Sonerson commissioned the investigation under section 101 of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003.
The inquiry will present its findings and recommendations to the director-general of health within six months of commencement.
Timeline
- 2 April 2026 – The chief ombudsman raised serious concerns about Ward 10A patients to the director-general of health, Health New Zealand chief executive, and the director of mental health and addictions.
- 15-16 April – The director of mental health and addictions inspected the ward and concurred with the concerns.
- 15-16 April visit – A district inspector confirmed receipt of a complaint about a patient’s care, which she intended to investigate.
- An initial investigation into a separate complaint is underway.
- 28 April – The director of mental health and addictions contacted Health New Zealand’s southern director of operations, requesting urgent action for patients and to address infrastructure and care limitations.
- 15 May – Health New Zealand senior officials visited Ward 10A and decided to close it to future admissions, transferring four patients to other facilities.
- Staff were instructed not to misuse an EVAC blanket, designed for safely moving non-ambulatory people in emergencies, for transferring patients to and from seclusion or their bedroom.
- There have been ongoing concerns about patient care, including allegations of inappropriate restrictions on broader health care needs.
- 18 May – The chief ombudsman requested that the Ministry of Health arrange an independent investigation into Ward 10A, while communicating with the director-general of health, the Health New Zealand chief executive, and the director of mental health and addictions.
- 1 July – A district inspector finalized the complaint investigation, leading to a section 101 investigation.
- 3 July – The chief ombudsman released findings from inspector visits, noting some of the worst practices observed and allegations of potential human rights abuses.
- Health New Zealand announced plans to close the ward and relocate patients.
- The Ministry of Health confirmed it would investigate the serious concerns raised, assuring that the ward’s closure would not affect the process.
