But the authority ruled Hika went against his clinic’s policies and dismissed the claim.
The ERA’s recently released decision stated that in February 2021, Hika was employed as a psychiatric assistant for Te Whatu Ora Waitematā District (TWOW) at the Mason Clinic.
Hika had previously worked in the security industry and for the Department of Corrections.
Around 4pm on July 1, 2021, Hika was on duty in the Totara unit and noticed a patient approaching the door wanting to be let in.
When Hika opened the door, the patient almost immediately began raining punches on Hika and said he was going to “waste” him.
Hika, who was on his own, said he was pinned against the wall while the patient was “punching furiously”.
He put up an elbow block, but this didn’t stop the patient from punching him.
Fearing for his safety, Hika said he felt he had no option but to hit back. He then punched the patient three times.
Hika managed to grab the patient by the collar and bring him to the ground, restraining him.
Another employee told the ERA she heard a loud bang and saw Hika punch the patient’s head three to four times.
The employee ran towards the pair and said the patient was on the ground in the foetal position with his hands covering his face.
She said she told Hika to stop, but he grabbed the patient and swore at him, saying “you f****** c***” and other verbal abuse, the decision stated.
Another employee called security for help and said she heard Hika say “f*** you” to the patient and punch him, causing blood to drip from his face.
When security arrived, an employee heard Hika say “this f****** c*** did this to me”. The patient received medical treatment while Hika was told to leave.
The patient sustained a cut to his face and two black eyes.
Hika did not suffer any injuries that required medical treatment, but was spat at in the eye by the patient.
Before he left, Hika completed a “Risk Pro” form, stating the patient had lunged at him and punched him with closed fists.
He said he tried to block the patient and then was able to bring him to the ground and restrain him.
In a second statement, Hika said he tried to reach for the patient’s duress alarm but was unsuccessful.
He then refused to let go of him while on the ground to prevent the risk of further violence from the patient.
Following the incident, Hika took some time off due to stress, and days later he learned there was a complaint against him for assaulting the patient, and he was placed on paid suspension while an investigation took place.
In August 2021, police confirmed no charges would be laid against Hika and gave the patient “a final warning”.
Due to Covid lockdowns, the disciplinary process was delayed, but Hika’s employment was eventually terminated in March the following year.
ERA member Peter Fuiava heard Hika’s case against TWOW and found that while the patient attacked Hika first, he “resorted to having a fist fight” with the patient and verbally abusing him.
Hika’s actions went against TWOW’s policy, and he had only recently been trained on how to de-escalate a situation similar to the one he found himself in, Fuiava said.
Fuiava was also concerned that Hika stated he would not act differently if he found himself in the same position again.
Hika told NZME he was “completely shocked and disappointed” by the ERA’s decision.
He said he had felt unsupported by TWOW.
There should have been three employees on the floor that day, Hika claimed, but it was only him, leaving him feeling “isolated”.
“It’s never been about the money, but about restoring my mana,” he told NZME, referencing his bid for compensation through the ERA process.
Hika did not blame the patient, noting the man was there to keep himself and the community safe.
He denied punching the patient while he was on the ground but admitted swearing at him.
While Hika was not new to such situations, given his previous work experience, he said it was still “highly stressful”.
“I was in shock, I was being attacked. I was protecting myself.”
Emily Moorhouse is a Christchurch-based Open Justice journalist at NZME. She joined NZME in 2022. Before that, she was at the Christchurch Star.
