NZ Herald
  • Home
  • Latest news
  • Herald NOW
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
  • Herald NOW
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • Deloitte Fast 50
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Politics
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Herald NOW
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In

Advertisement
Advertise with NZME.
Home / Kapiti News

Health officials feared jail term over 'cruel' finding in Ashley Peacock case

Kirsty Johnston
By Kirsty Johnston
Reporter·NZ Herald·
3 Aug, 2016 06:53 AM3 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save
    Share this article
Officials feared they would be jailed after the Ombudsman labelled the living situation of mental health patient Ashley Peacock "cruel, inhuman and degrading". Photo/Mark Mitchell

Officials feared they would be jailed after the Ombudsman labelled the living situation of mental health patient Ashley Peacock "cruel, inhuman and degrading". Photo/Mark Mitchell

Health officials mistakenly believed they could be jailed for the "cruel" treatment of a mental health patient, so pushed to publish a letter explaining their side despite privacy concerns.

Managers at Capital & Coast District Health Board also wrote to staff saying the cruelty finding - made by the Ombudsman about autistic man Ashley Peacock - was inaccurate, and told them not to take "negative media coverage" to heart.

Green MP Kevin Hague has slammed the board's behaviour as self-serving, saying they were acting not in the patient's interest or the public's interest, but their own.

He accused them of using privacy as an excuse "when it suits".

The revelations in Ashley's case come as the Privacy Commission this week censured the board's chief executive, Debbie Chin, for sending an all-staff email attacking the reputation of a mother whose son died in the hospital's care.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

Internal emails obtained under the Official Information Act by the Herald about Ashley's case show managers working behind-the-scenes to delay the public release of a damning Ombudsman's report.

Chief Ombudsman Peter Boshier found the board's treatment of Ashley, who is both disabled and mentally unwell, was "cruel, inhuman and degrading", and therefore a breach of New Zealand's international human rights obligations.

Ashley, 38, sleeps in a seclusion room in an isolated wing of a mental health ward in Porirua, and spends very little time outside. An expert panel has recommended he be removed from the unit, Tawhirimatea, to a community setting.

Advertisement
Advertise with NZME.

Prior to the release of the Ombudsman report, two senior officials, Nigel Fairley and Susannah Every-Palmer, each wrote to Chin with concerns.

They said the report was inaccurate, and wanted to include a letter they'd written in response with any information release, to "partially explain the situation".

While there was a need to protect Ashley's privacy, the Ombudsman's finding was "very serious" and could have consequences, they said.

"Part of the penalty can be a prison sentence," Fairley wrote. "I suggest we delay the release and meet. Doesn't matter if the OIA is a day or two late, compared to getting this right."

The finding does not allow for a jail term.

Despite the health board's protests, the Ombudsman is standing by its findings - which were eventually released with the accompanying letter on June 17 after the Herald obtained part of its contents from another source.

Hague said the decision to release the letter was at odds with the board's usual position of refusing to discuss the case publicly - except for appearing on television's Sunday programme - and done only to further their own interests.

"The health board and its officers have been relentlessly self-serving through everything we can see in Ashley's case," he said.

"They seem to be hiding behind privacy when it suits them but breached it with cavalier abandon to publish this letter."

Nigel Fairley, the general manager of Mental Health, said it was CCDHB policy not to speak publicly about individual clients but it made a "one-off" exception to go on television to correct "inaccuracies and misinformation".

Advertisement
Advertise with NZME.

"Discussing mental health clients publicly can not only impact their care and ability to reintegrate with their community, it can also hinder others from approaching our service for support because they think we'll talk publicly about their mental health conditions," Fairley said.

He did not explain why privacy concerns were waived in respect of the letter to the Ombudsman.

The belief someone could go to jail was subsequently clarified, he said.

Save
    Share this article

Latest from Kapiti News

Kapiti News

Mumpreneur revolutionises property management

Kapiti News

Kāpiti news in brief: Award-winning nature photo features rare bird nesting

Kapiti News

Beloved Paraparaumu College teachers bid farewell after long service


Sponsored

Farm plastic recycling: Getting it right saves cows, cash, and the planet

Advertisement
Advertise with NZME.

Latest from Kapiti News

Mumpreneur revolutionises property management
Kapiti News

Mumpreneur revolutionises property management

How Chelsea Gill created a family-friendly business.

15 Dec 11:30 PM
Kāpiti news in brief: Award-winning nature photo features rare bird nesting
Kapiti News

Kāpiti news in brief: Award-winning nature photo features rare bird nesting

12 Dec 10:48 PM
Beloved Paraparaumu College teachers bid farewell after long service
Kapiti News

Beloved Paraparaumu College teachers bid farewell after long service

11 Dec 10:15 PM


Farm plastic recycling: Getting it right saves cows, cash, and the planet
Sponsored

Farm plastic recycling: Getting it right saves cows, cash, and the planet

10 Aug 09:12 PM
NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven Car Guide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP