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Why are public officials within organisations, such as the Ministry of Health, effectively investigating their own organisation regarding Wakari Hospital Ward 10A, rather than the independent New Zealand Police, given that the Ombudsman carried out his investigation under the Crimes of Torture Act, which gives effect to the United Nations Convention Against Torture, triggering legal requirements for Police to independently investigate, and given that the Ombudsman has said what occurred at Ward 10A was probably torture? and 5 other questions

Answered 6 questions (2026)
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Asked by

Ingrid Leary

Member for Taieri · Labour Party

Questions

  • 35261

    Question published

    Why are public officials within organisations, such as the Ministry of Health, effectively investigating their own organisation regarding Wakari Hospital Ward 10A, rather than the independent New Zealand Police, given that the Ombudsman carried out his investigation under the Crimes of Torture Act, which gives effect to the United Nations Convention Against Torture, triggering legal requirements for Police to independently investigate, and given that the Ombudsman has said what occurred at Ward 10A was probably torture?

    Original response/referral lodged:

  • 35263

    Question published

    Has the Minister received any communication from the Ombudsman seeking or querying Police involvement in investigating Wakari Hospital Ward 10A; if so, when?

  • 35264

    Question published

    If Police are not investigating Wakari Hospital Ward 10A, following the Ombudsman’s statement about probable torture, has the Minister, or his office, formally asked Police why they are not investigating, and, if it is, on what date was that inquiry made?

  • 35705

    Question published

    Is the Minister concerned, given the finding on Lake Alice Hospital by the United Nations Committee Against Torture, that New Zealand had breached the Convention because NZ had failed to properly investigate under Article 12 of the Convention, that NZ will, again, be in breach of the UN Committee Against Torture for failing to have Police properly and independently investigate Wakari Hospital Ward 10A?

  • 36003

    Question published

    Is the Minister concerned that New Zealand could be in breach of domestic and international law, regarding Police failing to investigate Wakari Hospital Ward 10A, given that the Ombudsman carried out his investigation under the Crimes of Torture Act, the domestic law that gives effect to the United Nations Convention Against Torture, which triggers legal requirements to involve Police, and given that the Ombudsman has said torture probably occurred at Wakari Hospital Ward 10A?

  • 36005

    Question published

    Are Police investigating Wakari Hospital Ward 10A, given that the Ombudsman conducted his 2026 investigation under the Crimes of Torture Act, which gives effect to the United Nations Convention Against Torture, triggering legal requirements for Police to investigate, and given that the Ombudsman has said torture probably occurred at Wakari Hospital Ward 10A?

Answered by

Hon Mark Mitchell

Member for Whangaparāoa · National Party · Minister of Police

Answer

I’m advised New Zealand Police have not received any complaints or referrals to date regarding Wakari Hospital Ward 10A. As the Member should be aware, New Zealand Police is statutorily independent and cannot be compelled to investigate a particular matter. However, if an individual made a complaint of torture, that would be considered by New Zealand Police and investigated where the necessary thresholds were met. Police encourage the families of patients to come forward with complaints if they wish to make them.