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Home / Bay of Plenty Times

Father vows to continue fight for justice despite court ruling

Amy Wiggins
By Amy Wiggins
Education reporter, NZ Herald.·Bay of Plenty Times·
24 Aug, 2016 10:00 PM2 mins to read

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John MacKenzie with a mountain of legal papers about his son, Kenneth MacKenzie, whose heart was taken without his family's consent. Photo/File

John MacKenzie with a mountain of legal papers about his son, Kenneth MacKenzie, whose heart was taken without his family's consent. Photo/File

A Tauranga man seeking compensation after his dead son's heart was removed without consent has exhausted his avenues for legal appeal after an almost decade long battle - but he says he will not stop fighting.

John MacKenzie, 81, alleges his 20-year-old son Kenneth's heart was unlawfully removed after his life support was turned off in Tauranga Hospital on October 2, 1987 - the day after he suffered serious head injuries in a motorcycle accident. A doctor asked for consent to take his son's heart, but he refused.

He filed an application seeking a recall of a Supreme Court judgment of June 1, 2016 declining him leave to appeal against a judgment of Andrews J in the High Court.

This week the Supreme Court ruled against his application for a recall.

Mr MacKenzie argued that the time frame for limitation purposes did not begin to run until the date on which he received a letter from the Crown Health Financing Agency denying liability on November 24, 2006.

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The court ruled that was not in accordance with the way the Limitation Act 1950 operated.

"Nothing that has been said in support of the application would warrant a recall of the 1 June 2016 judgment," the judgement read.

Speaking to the Bay of Plenty Times yesterday, Mr MacKenzie said he would continue to fight.

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"I'm pretty upset by the whole thing. I've got to enjoy my retirement instead of all this legal stuff."

He said he was going to make a formal complaint to the Minister of Justice.

He was also going to approach a couple of MPs to ask them to present a petition to Parliament requesting the statutory disestablishment of Crown Law.

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