Plans for NHS staff to restrain patients labelled 'dangerous'
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RNZ News
2 days ago
- RNZ News
Russian adoptee's PTSD claim denied by ACC over residency rules
By Shannon Pitman, Open Justice reporter of The young man began to suffer PTSD brought on by abuse he suffered as a child in Russia. Photo: Unsplash A Russian child who was adopted by New Zealanders and suffered physical abuse in his home country has had his claim for PTSD as an adult declined. Despite a High Court and District Court ruling that the man was eligible for mental health cover, the Court of Appeal overturned their rulings, stating he was not entitled to cover for a mental injury, because the physical assault occurred when he was not a New Zealand resident. The man, whose name is suppressed, was born in Russia in August 2001 and arrived in New Zealand as a three-year-old. Twenty years later, while living here as a New Zealand citizen, he was diagnosed with PTSD, stemming from abuse he suffered before arriving. ACC declined his claim for mental injury cover, stating the physical injury had occurred when he was not a New Zealand resident and therefore he was not entitled to compensation. Under the Accident Compensation Act 2001, for mental injury to be covered, it must arise out of a physical injury, or be caused by certain criminal acts or a workplace incident. The man challenged ACC's decision, which was overturned by the District Court and - on appeal from ACC - the High Court, which found his mental injury was suffered in New Zealand and therefore he was eligible for cover. ACC took the case to the Court of Appeal, which had the task of determining where the physical injury occurred that triggered the mental injury. The man's lawyers, Beatrix Woodhouse and Mathew McKillop, argued the PTSD diagnosis in 2019 marked the point at which the mental injury was suffered, and because he was living in New Zealand, this qualified him for cover. The lawyers submitted that, although the act specified a physical injury must match the mental injury, it did not specify a location. The Court of Appeal determined that how the personal injury was caused was critical. "Causation is the primary consideration," the court said in its recently released decision. "A mental injury which has arisen because of a physical injury may well be latent - the date the mental injury is triggered or the symptoms manifest is no doubt dependent on a variety of circumstances," . "But it is the physical injury which is the root of the mental injury. It is therefore the date and, in our view, the location of that physical injury which is the key to whether cover is available under the Act." New Zealand's Court of Appeal is the last avenue to appeal ACC decisions. Photo: RNZ / Rebekah Parsons-King The Court of Appeal determined the High Court and District Court erred in their decision-making, as the man was not a resident of New Zealand at the time of the abuse and, therefore, was not covered for ACC. "The Act cannot be interpreted as intending to provide cover for injuries caused overseas to people who are not ordinarily resident in New Zealand. Such an approach would mean the scheme was required to fund the consequences of events outside its jurisdiction and over which it could have no influence. "In our view, it is clear that Parliament intended to provide cover for mental injuries suffered because of physical injuries where the causative physical injuries occurred in New Zealand or, if suffered outside New Zealand, when the person was ordinarily resident in New Zealand when the cause occurred." The parents of the man released a statement to NZME to the effect that they believed the decision was deeply unfair to their son. "He is a New Zealander, adopted by New Zealanders under New Zealand law, and has known no other home," the statement said. "The Adoption Act is clear that an adoptee is to be treated as our natural-born child in every respect. "Yet, due to an injury that occurred before his adoption, he is now denied ACC-funded treatment for a condition that only manifested later in life." Their lawyer, Beatrix Woodhouse, said the Court of Appeal was the end of the road for all ACC claims. "Therefore, this decision represents the definitive legal position on this issue," she said. "It sets a precedent for other cases with comparable facts." ACC deputy chief executive for corporate and finance Stewart McRobie told NZME the organisation was seeking clarification of the law and acknowledged the Court of Appeal's decision. "We also acknowledge the impact of the decision on the claimant, and empathise with them and their family." * This story originally appeared in the New Zealand Herald .
RNZ News
4 days ago
- RNZ News
'Bald-shaming' billboard sparks debate
An advertisement from an Australian company that specialises in overseas travel for medical and cosmetic procedure has sparked some debate, reading "You look better bald ...said no-one ever". There are questions over whether the ad is light hearted marketing or thinly disguised body shaming that assumes baldness is undesirable. CEO and founder of Australian company David Allen spoke to Lisa Owen. To embed this content on your own webpage, cut and paste the following: See terms of use.
RNZ News
5 days ago
- RNZ News
Man considered dangerous had escaped from Hillmorton Hospital
Hillmorton Hospital. Photo: Canterbury DHB Mental Health Minister Matt Doocey has reiterated to Health New Zealand that patient and public safety are of "paramount importance", after a man absconded from a mental health facility. Canterbury police released a statement about 9pm on Thursday appealing for information about the 35-year-old who had absconded from the care of another agency. Police had been notified about 6pm that the man was missing. They said he was dangerous and shouldn't be approached. The man was found about 10pm. Do you know more? Email RNZ understands the man absconded from Hillmorton Hospital. He was found about 6km away from the mental health facility. Health New Zealand has been approached for comment. A spokesperson for Mental Health Minister Matt Doocey told RNZ his office was advised on Thursday night about a patient leaving Hillmorton. "The Minister was advised by Health New Zealand that safety of the individual and community was at the forefront in how they responded with police." HNZ staff "responded immediately" and worked with Police to safely locate the person and return them to Hillmorton last night. "Health New Zealand is taking the incident seriously and there will be a rapid review and will take appropriate action as required. "The Minister reiterated to HNZ that patient and public safety are of paramount importance, and Health New Zealand have assured the Minister that they are taking all the necessary steps to ensure both." The incident comes three years after Hillmorton forensic mental health patient Zakariye Mohamed Hussein murdered Laisa Waka Tunidau as she walked home from work. Hussein was on community leave at the time of the killing. Two reviews were ordered, one into Hussein's care, and another looking at Canterbury District Mental Health Services. In June another Hillmorton mental health patient, Elliot Cameron was sentenced in the High Court at Christchurch to life imprisonment with a minimum term of 10 years for murdering 83-year-old Frances Anne Phelps, known as Faye in October last year. Following his sentencing a suppression order was lifted allowing RNZ to report Cameron killed his brother Jeffrey Cameron in 1975. A jury found him not guilty of murder by reason of insanity and he was detained as a special patient. Cameron was made a voluntary patient at Hillmorton Hospital in 2016, and then in October last year murdered Phelps, striking her with an axe. RNZ exclusively obtained emails from Cameron to his cousin Alan Cameron sent over more than a decade, detailing his concerns that he might kill again . In response to the revelations, Chief Victims Advisor Ruth Money said it was hard to see Phelps' death as "anything other than preventable". RNZ earlier revealed another case involving a man who was made a special patient under the Mental Health Act after his first killing was recently found not guilty of murder by reason of insanity for a second time, after killing someone he believed was possessed. After that article, Money called for a Royal Commission of Inquiry into forensic mental health facilities. After Cameron's first killing was revealed, Money said she stood by her recommendation. "The public deserves an inquiry that can give actionable expert recommendations, as opposed to multiple Coroners inquests and recommendations that do not have the same binding influence. The patients themselves, and the public will be best served by an independent inquiry, not another internal review that changes nothing." Sign up for Ngā Pitopito Kōrero , a daily newsletter curated by our editors and delivered straight to your inbox every weekday.
