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
    • 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 / New Zealand

Restraint plan for intellectually disabled men in spotlight in court case

Nicholas Jones
By Nicholas Jones
Investigative Reporter·NZ Herald·
28 Jul, 2016 02:03 AM4 mins to read

Subscribe to listen

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

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

The man's lawyer said it was unclear if the restraint had been used, but it was "not far removed" from the sort of restraint that has caused controversy in Australia. Photo / File

The man's lawyer said it was unclear if the restraint had been used, but it was "not far removed" from the sort of restraint that has caused controversy in Australia. Photo / File

A treatment plan for an intellectually disabled man in psychiatric care included a seated personal restraint, a Wellington High Court has heard.

The man's lawyer, Dr Tony Ellis, said it was unclear if the restraint had been used, but it was "not far removed" from the sort of restraint that has caused controversy in Australia.

The use of hoods and restraints on children was suspended in the Northern Territory this week, after national television showed video of guards strapping a hooded boy to a chair at a juvenile detention centre.

READ MORE
Intellectually disabled men begin case over alleged mistreatment

Dr Ellis is representing the man and two others, who are suing the Government for a declaration of ill-treatment and upwards of $100,000 each, alleging they have suffered a raft of ill-treatment over a number of years and while in secure care.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

The men have name suppression. Their allegations including unnecessary and prolonged use of manual restraints and solitary confinement.

Dr Ellis told the court this morning that the process of restraint and putting the men in seclusion could turn violent.

One man allegedly suffered a fractured rib in an August 2003 incident, and in May 2014 fractured a finger while being restrained.

Advertisement
Advertise with NZME.

There was a lack of natural justice, Dr Ellis said, citing the example of one of the men being ordered into seclusion after allegedly assaulting a staff member.

"You say if someone punches a staff member, that staff member has to afford natural justice before taking any action?" Justice Rebecca Ellis asked.

"They should get someone else involved ... it could have been self-defence, you don't know," Dr Ellis replied. "You shouldn't have the alleged victim determine what's going to happen."

The five defendants - the Attorney-General, the District Inspector, the Mental Health Review Tribunal and Waitemata DHB and Capital & Coast DHB - all deny the claims and will present their case later in the hearing.

Discover more

Editorial

Editorial: Tribunal case holds hope

28 Jul 05:00 PM
New Zealand

Delays in mental health support 'intolerable'

29 Jul 05:30 PM

The men all have intellectual disability issues, and two are autistic. They were all committed as special patients after coming before the courts on violence charges around 15 years ago, when they were found unfit to plead.

Two of the men remain in secure care, with another living in a residential rehabilitation service home.

Dr Ellis outlined other concerns about the men's treatment today, including that they lacked access to therapy, and that rights such as the ability to make phone calls were removed as a form of punishment.

He said patients in forensic mental health facilities had the right to have sex, and should be able to arrange visits from partners or sex workers. The question of whether sex between patients should be allowed was more complex, he said, but sex education should be provided.

The men were treated differently because of their intellectual disability, Ellis said, and were detained indefinitely, with their special patient status reviewed on an ad hoc basis, without criteria for terminating continued detention being provided to the men.

The length of detention as a special patient is disproportionate to the gravity of alleged offending, Ellis said -- it exceeds the maximum penalty for the charge had the men been fit to plead.

Advertisement
Advertise with NZME.

A number of European countries took into account the length of imprisonment special patients would have been subject to, had they been fit to plead.

Ellis questioned why the Attorney-General had ordered one of the men to be detained, saying the judicial, and not the executive, branch should have ordered the detention in such a case: "Effectively, it's Guantanamo Bay -- the executive detains indefinitely."

The legal action was arranged with the help of their litigation guardian, Colin Burgering, who works for the Justice Action Group.

A litigation guardian is authorised to conduct proceedings in the name of, or on behalf of, an incapacitated person or minor.

The case is set to take six weeks.

Save

    Share this article

Latest from New Zealand

New Zealand

From top to bottom: Gisborne slumps to last on economic scoreboard, locals still optimistic

19 Jun 06:00 AM
New Zealand

Rotorua chef denies arson of his own home

19 Jun 06:00 AM
New Zealand

Peter Jackson seeks consent to create museum in Shelly Bay

19 Jun 05:21 AM

Jono and Ben brew up a tea-fuelled adventure in Sri Lanka

sponsored
Advertisement
Advertise with NZME.

Latest from New Zealand

From top to bottom: Gisborne slumps to last on economic scoreboard, locals still optimistic

From top to bottom: Gisborne slumps to last on economic scoreboard, locals still optimistic

19 Jun 06:00 AM

Residents say there is more to the story than Gisborne's economic ranking suggests.

Rotorua chef denies arson of his own home

Rotorua chef denies arson of his own home

19 Jun 06:00 AM
Peter Jackson seeks consent to create museum in Shelly Bay

Peter Jackson seeks consent to create museum in Shelly Bay

19 Jun 05:21 AM
Premium
‘Ardern lives in exile’: Jones attacks gas ban, calls for apology in fiery hearing

‘Ardern lives in exile’: Jones attacks gas ban, calls for apology in fiery hearing

19 Jun 05:00 AM
Help for those helping hardest-hit
sponsored

Help for those helping hardest-hit

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