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The Dominion Post
September 15 2006

Mistreated ex-patient given extra $35,000

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.