CAT/C/68/D/852/2017
administration of electric shocks, unmodified electroconvulsive therapy,1 drugs2 and solitary
confinement on the grounds of bad behaviour and “adopting a threatening attitude”. He was
admitted to Lake Alice five times, for a total period of two years and 10 months.3
2.2
In 1976 and 1977, a number of complaints were made to the Government and
medical organizations about treatment using an electric shock machine on children on
various parts of their bodies and administering drugs delivered as a punishment and not for
therapeutic purposes. In 1976 and 1977, a Commission of Inquiry was conducted into the
treatment of a 13-year old boy at Lake Alice, but no wrongdoing or malpractice in the use
of electroconvulsive therapy was found, one of the justifications being that such therapy
given to children without anaesthetic is acceptable because their bones are supple and
would not break during convulsions. In 1977, the Medical Council investigated a complaint
by a former patient alleging use of an electroconvulsive therapy machine by Dr. Leeks to
administer painful electric shocks, but there were no sanctions, so Dr. Leeks was free to
continue to practise psychiatry on children. Also in 1977, following a complaint to the
police about painful electric shocks administered to the bodies of two children at Lake
Alice, the police found no criminal conduct, but only “lack of judgment” by staff. Finally, a
1977 complaint to the Ombudsman’s Office resulted in stricter rules regarding consent for
patient treatment and termination of the practice of the Department of Social Welfare of
placing children and young persons subject to guardianship orders in psychiatric hospitals
without recourse to the formal committal procedures contained in the Mental Health Act.
The complaints did not result in any prosecutions and the psychiatrist who was running the
unit left New Zealand to work in Melbourne, Australia.
2.3
Much later, in 1997, several articles were published in the media in New Zealand
and later in Australia on the abuse of children at Lake Alice. Thereafter, former patients
started coming forward. In 1999, a civil claim was filed before the Wellington High Court
on behalf of 56 former patients. That number had increased to 85 by 2001, when the
Government compensated these victims with a payment of $NZ 6 million and a letter of
apology. A further 110 claimants had come forward by 2009, including the complainant, at
the invitation of the Government to provide further compensation. All the claims of illtreatment and abuse were dealt with by the way of a general apology 4 and ex gratia
payments to each individual.5 In total, $NZ 12.8 million was paid out by the Government to
195 victims.6
2.4
In 1999, the Medical Council terminated Dr. Leeks’ medical practising registration.
The Council stated that as Dr. Leeks was no longer registered with the Council, allegations
of ill-treatment would not be investigated by them.
2.5
In 2001, retired High Court judge Sir Rodney Gallen was commissioned by the
Government to review the complaints concerning Lake Alice. Sir Rodney found that the
administration of unmodified electroconvulsive therapy was not only common at Lake
Alice but routine, and that it was administered not as therapy but as a punishment. He also
found that many of the children admitted to the hospital were not mentally ill.
2.6
In 2003, the complainant filed a complaint with the Medical Practitioners Board of
Victoria in Australia, as Dr. Leeks had been practising there since he left New Zealand in
early 1978. In 2006, the Board prepared for a formal hearing under the Medical Practice
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2
According to a November 2002 report of the New Zealand College of Psychiatrists, electroconvulsive
therapy is applied by way of electrodes attached to the head. The patient is anaesthetized and given a
muscle relaxant, and the electric shock administered while the patient is not conscious. Such a form of
administration is designed as modified. The therapy can also be given unmodified. In such cases, the
patient is conscious during the administration of the therapy.
Stelazine, Modecate, Largactil and Paraldehyde.
Lake Alice Hospital nursing notes and charts indicate – over the five admissions – unmodified
electroconvulsive therapy administered 15 times to the complainant in 1975.
The Government acknowledged that there were some actions which were unacceptable, in particular
the use of electric shocks and painful injections.
The complainant received $NZ 115,000 and a letter of apology.
Legal barriers made it difficult for any complaints to turn to a court, which was the reason for the
Government offering ex gratia payments.