Chief Ombudsman inspectors have found treatment amounting to torture at Ward 10A, the adult intellectual disability inpatient unit at Wakari Hospital in Dunedin.

Inspectors discovered staff withheld basic necessities including toilet access from patients, granting them only as rewards for compliant behaviour. The investigation also documented prolonged restraints and extended seclusion, with one patient confined to their bedroom for approximately 18 months.

Health New Zealand has decided to close the ward and will relocate current patients. The agency halted new admissions when the Ombudsman first raised concerns.

Calls for systemic change

Patient Voice Aotearoa chairman Malcolm Mulholland said the Ombudsman's characterisation of the practices as torture was accurate. "I thought that it was barbaric, what was happening to patients - patients who are being treated for having an intellectual disability, not for war crimes," Mulholland said. "The ombudsman suggesting that these practices amounted to torture, I thought [was] pretty spot on."

Mulholland described the practices as methods New Zealand should have abandoned five decades ago, drawing parallels to historic psychiatric abuse documented at Lake Alice in the 1970s.

"Nobody in their right mind thought that those types of practices were in existence today, and so I just hope that the authorities undertake a wider look at all psychiatric facilities in New Zealand to ensure that this is not happening to our most vulnerable," he said.

Disability rights lawyer Huhana Hickey advocated for fundamental reform of disability services. "Successive governments over decades have done nothing to find that solution, particularly for our young males who are very autistic, intellectually disabled and have behavioural issues," Hickey said. "There is nothing for them."

Hickey argued that seclusion and restraint should be rare exceptions rather than routine tools, and that institutional care itself is inappropriate for people with intellectual disabilities. She called instead for residential settings with full-time specialist staff support.

"You're actually hurting them, and that is severe torture to someone whose mind can't comprehend that type of punishment," Hickey said of the coercive practices.

Government response

Associate Health Minister Matt Doocey met with senior Health New Zealand and Ministry of Health officials on Thursday and instructed the agency to urgently find alternative placements for Ward 10A patients.

"I expect Health New Zealand to urgently address the issues that have been identified, not just at Wakari but nationally," Doocey said. "If similar improvements are needed elsewhere in the country, I expect Health New Zealand to act with urgency."

Doocey said the findings were especially troubling given that problems at the ward had been flagged repeatedly over several years. He welcomed the clinical decision to close the ward but noted Health NZ had not examined other options, and sought confirmation the closure served patient and staff safety.

"No one should be left uncertain about what is happening or where care will be provided," Doocey said.

The Ministry of Health confirmed it will investigate, and Health New Zealand announced a national review of forensic intellectual disability services.

Background and next steps

An OPCAT inspection in May 2021 had already identified serious concerns about Ward 10A's physical environment and the safety of both patients and staff.

Phil Grady, Health New Zealand's national director of mental health and addictions, said the agency responded urgently when the Ombudsman raised concerns.

"Whilst Health New Zealand will work with the Ministry of Health's independent review, our focus remains on supporting the patients, their families, and our staff," Grady said. "We want to assure people that we are actively ensuring the safety, dignity, and rights of our current patients by strengthening oversight and reviewing our practices."