Allegations
of Abuse in Institutions |
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A former
Lake Alice patient, mistreated at the institution, has won a further payout
of nearly $35,000 from the Health Ministry. Wellington District
Court judge Tom Broadmore has ruled that Paul Zentveld should have been paid
$114,912 in damages for his mistreatment at the psychiatric hospital between
1972 and 1978. Instead, he had
received only $80,438. Judge Broadmore said
the ministry should pay the $34,474 difference -- and interest at 7.5 per
cent for each of the past four years. Mr Zentveld's payout
was determined in 2002 by Sir Rodney Gallen, a former High Court judge, and
David Collins, QC. The pair were appointed by the Government to resolve
claims by a group of former Lake Alice patients. But it later emerged
that the $114,912 awarded by Sir Rodney was a gross figure without a
deduction for legal costs. Sir Rodney and the ministry later realised there
was a misunderstanding about how these deductions would be made. A few weeks later a
political decision was made to reduce the awards by 30 per cent to recognise
that the claimants had not had to pay legal costs. This reduced Mr
Zentveld's payout to $80,438. At the time, he agreed to accept this as a
final settlement. Judge Broadmore said
Sir Rodney's agreement with the Crown meant his original determination was
binding and the Crown was contractually obliged to pay the $114,912
originally decided by Sir Rodney. |