Investigation to consider police referral over Wakari Hospital ward allegations

An independent investigation will consider if allegations of potential human rights abuses at a Wakari Hospital ward should be referred to the police.

Inspectors for the ombudsman visited Ward 10A - the inpatient unit for adults with intellectual disabilities - in Dunedin in March.

They observed long-term seclusion, prolonged restraints and people being rewarded for "good" behaviour with access to basic necessities including using the toilet.

Chief ombudsman John Allen said some of the treatment amounted to torture and called for urgent action.

Health New Zealand confirmed plans to close the ward and relocate its patients, and the Ministry of Health said it would launch an independent investigation following concerns from the ombudsman, district inspectors and others.

On Tuesday, the ministry published the terms of references, saying the independent inquiry would examine the care provided to patients over the two years to June.

Director of mental health Dr John Crawshaw said the inquiry might make recommendations to improve oversight, compliance and best practice for Ward 10A and other facilities.

"The inquiry's scope includes considering whether care met legal and clinical standards, whether restrictions on care recipients were justified and proportionate, whether the rights of care recipients were upheld, and whether there are wider systemic issues that require attention," he said.

That included if any unjustifiable restrictions had been influenced by policies or infrastructure requirements, if Health New Zealand provided adequate oversight and managers had the right authority to discharge their duties and if the concerns raised received timely and appropriate responses and actions from any agencies involved.

The inquiry will consider if it is necessary to refer any potential breaches to the Health and Disability Commissioner or to the police if there is suspected criminal conduct.

Auckland-based district inspector Andrew Molloy will lead the inquiry with support from Wellington-based consultant clinical psychologist Nigel Fairley.

Director-general of health Audrey Sonerson commissioned the investigation, which is being set up under section 101 of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003.

The inquiry will report its findings and recommendations within six months of starting to the director-general of health.

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 agreed with the concerns.

15-16 April visit - A district inspector confirmed she had received a complaint about a patient's care which she planned to investigate.

An initial investigation into a separate complaint is underway.

28 April - the director of mental health and addictions contacted Health New Zealand southern director of operations and requested urgent action for patients and to address infrastructure and care limitations.

15 May - Health New Zealand senior officials visited Ward 10A and a decision was made to close it for any future admissions and transfer four patients to other facilities.

Staff were told not to inappropriately use an EVAC blanket, which is designed to safely move non-ambulatory people during emergencies. It was being used to transfer patients to and from seclusion or their bedroom.

There have been ongoing concerns about patient care for some time including allegations of inappropriate restrictions on broader health care needs.

18 May - the chief ombudsman requested the Ministry of Health arranged an independent investigation into Ward 10A while writing to the director-general of health, the Health New Zealand chief executive, and the director of mental health and addictions.

1 July - a district inspector finalised the complaint investigation. The outcome was to initiate a section 101 investigation.

3 July - Chief ombudsman released findings of inspector's visits, saying they were some of the worst practices they had observed anywhere and the allegations amounted to potential human rights abuses.

Health New Zealand announced plans to close the ward and relocate patients.

Ministry of Health confirmed it would investigate the serious concerns raised and the ward's closure would not affect that process.