After his death, a complaint was made that the former nurse may have breached her professional boundaries.
According to the Nursing Council guidelines, sexual relationships with former patients can be inappropriate, particularly if the professional relationship involved emotional support or mental health counselling.
The council then pressed charges of professional misconduct, which were heard by the Health Practitioners’ Disciplinary Tribunal in Wellington on Tuesday.
‘A key factor for him being able to pursue parole’
The former nurse appeared at the hearing and accepted the charges, as well as an agreed summary of facts.
According to that summary, she had 17 one-on-one therapy sessions with the man who was jailed for life as a teenager.
When those sessions ended, she resigned from her role the same month.
The Health Practitioners' Disciplinary Tribunal heard the case in Wellington today. Photo / Jeremy Wilkinson
There is no indication in the charges that the woman engaged in any inappropriate behaviour while she was working as a nurse and providing care to her patient.
However, over the next two months, she was made an approved contact for him to call and was approved to visit him in prison, which she did 67 times before he was released three years later.
Despite concerns being raised by the prison about a potential conflict of interest, she was approved for visitation, and there was no evidence that any effort was made to stop her visits.
Throughout his time in prison, and in later parole reports, he referred to his former nurse as his main support person, and his offender notes refer to her as his “partner”.
The man also told his case manager they were in a relationship and that she’d quit her job so they could be together. She disputes this was a factor in her resignation.
A parole report noted the man had limited support outside prison and the Department of Corrections worked with her to support him through his rehabilitation and reintegration back into the community.
“The fact of [her] support of [the inmate] was a key factor for him being able to pursue parole,” the agreed summary of facts notes.
Ultimately, the man was released from prison and was able to see his former nurse on weekends, before eventually moving in with her.
But, within seven months, the man was arrested and returned to prison.
Some time after this the man died.
‘There will certainly never, ever, be a repeat’
Nursing Council counsel Matthew McClelland, KC, said the pair’s relationship had begun soon after their therapeutic relationship had ended.
McClelland said the inmate had been in prison since a young age and had remained there during his formative years, during which time society would have changed dramatically.
Harry Waalkens, KC, represented the nurse before the tribunal. Photo / Supplied
Because of this, McClelland said the man was particularly vulnerable and there was a power imbalance between him and the nurse.
McClelland also said any alleged failures on behalf of Corrections for failing to prevent the relationship fell outside the tribunal’s jurisdiction.
The woman’s lawyer, Harry Waalkens, KC, said she was under considerable stress at the time, and noted that if someone from Corrections had highlighted the potential conflict of interest, she would have stopped.
Waalkens said this case differs from others in that there was no suggestion she had done anything improper while still acting as the man’s nurse, and outside of prison she had started as a support person and over time the relationship escalated.
“She made an error in judgment,” Waalkens said.
“There will certainly never, ever, be a repeat… She’s learnt a lot.”
Waalkens said if there had been a serious level of concern about the relationship, then it would have been reported to the Nursing Council at an earlier stage.
The tribunal censured her, fined her $1000 and ordered that she, at her own expense, continue to engage in supervision from the council.
Jeremy Wilkinson is an Open Justice reporter based in Manawatū, covering courts and justice issues with an interest in tribunals. He has been a journalist for nearly a decade and has worked for NZME since 2022.
