Human Rights Review Tribunal, HRRT 015/2014 (2014) NZHRRT 23, (5 June 2014)
The Director of Proceedings filed a claim against Mr Edward Saxon on 23 May 2014. The claim was able to proceed by way of a negotiated agreement. The Human Rights Review Tribunal issued a declaration that Mr Saxon had breached Ms A's right to receive services that comply with professional (or other) standards (Right 4(2)), her informed consent rights (Rights 6(2) and 7(1)) and her right to respect (Right 1(1) and 1(2)).
Ms A attended Mr Saxon's clinic for assistance with chronic nerve pain in her sciatic joint. Mr Saxon initially treated Ms A with some success by examining the musculature on either side of Ms A's spine and massaging her left leg. Ms A found the treatment to be effective and returned to Mr Saxon for a second appointment.
At the second appointment Mr Saxon asked Ms A to remove her pants, leaving her underwear on, and to lay face down. Mr Saxon massaged Ms A's legs and lower back before requesting that she remove her upper garments. Mr Saxon did not provide privacy for Ms A to disrobe and did not explain to Ms A why it was necessary for her to disrobe. Ms A was not wearing a bra. Ms A remained lying face down until Mr Saxon asked her to roll over, which exposed her breasts. Mr Saxon made inappropriate comments about Ms A and continued to massage her neck with her breasts exposed, without offering her any form of draping.
Mr Saxon did not take notes of the consultation and did not explain to Ms A why she needed to remove her clothing before requesting that she do so. The Tribunal found that Mr Saxon breached Right 4(2) of the Code for failure to keep adequate records, Rights 6(2) and 7(1) for failure to provide Ms A with information about what her treatment would involve so that she could make an informed choice, and Right 1 for failing to maintain Ms A's bodily privacy and making inappropriate comments about Ms A's body.
The Tribunal's full decision can be found at:
http://www.nzlii.org/nz/cases/NZHRRT/2014/23.html
Last reviewed February 2019