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A 26yo woman has won a legal bid to refuse food and medical treatment
A 26-year-old woman with a history of health problems has won an order to “let nature take its course” - a move that could allow her to starve to death in hospital where she is refusing food and medical intervention.
The woman, whose name is suppressed, has a long and complicated history of … View moreA 26-year-old woman with a history of health problems has won an order to “let nature take its course” - a move that could allow her to starve to death in hospital where she is refusing food and medical intervention.
The woman, whose name is suppressed, has a long and complicated history of health issues and has spent large portions of the past seven years in the hospital.
While she and her family believe she suffers from gastroparesis, a physical condition affecting the stomach, there has never been any medical evidence that she has the condition.
Instead, she’s been diagnosed with a factitious disorder, a mental health condition in which the sufferer consciously self-induces, feigns or exaggerates physical or psychiatric symptoms to receive medical care. It cannot be treated with medication.
Despite this, neither the woman nor her parents has ever accepted that there is a psychological or psychiatric component to her condition.
As a result, she has refused to engage in any kind of psychological therapy that might help.
The woman has been subject to orders under the Protection of Personal and Property Rights Act since 2018, which permitted health professionals to treat her, including food via a tube.
These orders have been extended eight times but expired in October last year.
The following month, the woman collapsed at home and was re-admitted to hospital in Auckland, where she’s remained since.
During that time, she’s undergone 30 surgeries for various infections and, since early this year, has limited her food intake and refused any further surgical intervention.
The woman is described as being emaciated and frail, bed-bound and in a dark hospital room with closed curtains as natural light hurts her eyes.
Te Whatu Ora has applied for another order under the Act, which would allow medical professionals to continue to treat her.
However, the woman has opposed any such order being made and does not want any treatment administered against her will.
Instead, she wants to let nature take its course, even if that results in her death.
And now, in a recent ruling from the High Court at Auckland, she’s been granted her wish.
‘The pattern of poor decisions is life-threatening’
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The woman told a court-appointed legal adviser living in a hospital long term - as she has done for 1588 days (about four years and three months) in the past five years - was not, for her, a life.
She is completely dependent on others for assistance and does not even have sufficient strength to lift herself up in bed. She says she no longer wants to be under the control of anyone else, including medical professionals.
The woman told the adviser, who visited her in the hospital, that she’d been forced to undergo psychotherapy in the past, but it did not help, and she doesn’t want to do it again.
While the woman accepts that without further medical intervention, she will likely die, she said she isn’t suicidal and doesn’t want assisted death.
Her parents have also accepted her decision not to consent to further treatment.
When a treatment order was first imposed in 2018, one expert found that in most issues, the woman had full capacity, except when it came to healthcare decisions.
“The pattern of poor decisions is life-threatening (she has left the hospital against medical advice, discontinued care, requested palliation for a treatable condition), and appears to have no insight (and is... resistant to input) around the basis for her condition,” that expert found.
“Therefore, I think she is impaired around her ability to understand the nature and consequences of her situation.”
A Family Court judge then granted a treatment order on the basis that she didn’t “appreciate her situation and its consequences” and lacked the capacity to make informed decisions about her medical care.
Fast forward to 2025 and three experts produced by Te Whatu Ora conceded she had the ability to understand the decisions she was making about her health, as well as the likely consequences.
However, all three were concerned that she was basing her decision on what was essentially a misdiagnosis of gastroparesis, when in reality, all her symptoms are psychological.
‘Best interests lie in letting nature take its course’
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After a hearing at the High Court at Auckland in April, Justice Graham Lang found that just because the woman refused to accept the factual diagnosis of her condition, it didn’t mean she was mentally incapable of making decisions about her own healthcare.
“She has obviously based her decisions on this erroneous belief. Further, she is unwilling or unable to countenance the possibility that her belief may be incorrect,” Justice Lang said in his decision.
“A person may validly agree to, or refuse, medical treatment even where they do not accept the diagnosis that has led to the offer of the treatment in question. The critical issue is whether they truly understand the nature, purpose and effect of the proposed treatment.
“Further, she knows that treatment and nutrition will keep her alive. This means she understands the gravity of the consequences that her decisions may produce.”
Justice Lang ruled the woman had the mental capacity to decide her own fate.
Justice Lang also noted the woman had repeatedly refused to accept psychological intervention, so it was unlikely that any court order would convince her to seek it as a treatment path.
“[Her] death is not an inevitability, although there appears little prospect at this stage that she will engage in the psychiatric care that offers her the best hope of improving her disorder,” Justice Lang said.
“However, she is now in a position where the Court would be required to choose between making orders that override [her] wishes in the hope of preserving a theoretical prospect of her living a fulfilling life, or allowing her the dignity of deciding for herself.
“As matters currently stand, [she] has decided that her best interests lie in letting nature take its course. I consider the Court should respect that decision given that she has made it after receiving nutrition and treatment over many years with little apparent accompanying long-term benefit.”
Justice Lang said that in reaching that conclusion, he took into account that the woman is well aware she needs to eat to stay alive, and can ask at any time to get help.
“It is for her to decide whether she wishes to avail herself of this option.”
A Te Whatu Ora spokesperson said it could not comment on individual patients, but confirmed that it would not be appealing the ruling.
‘Freedom of choice’
================
Human rights lawyer Michael Bott, a former Council for Civil Liberties national chairman, told NZME that freedom of choice meant the ability for people to make any decision they wanted.
“It’s the freedom to make bizarre choices, or choices that don’t make sense to anyone else necessarily.”
Bott said that just because someone makes what is perceived to be the wrong decision doesn’t mean the state should compel them to make the objectively “right” decision.
Bott also said that if Te Whatu Ora thought the woman was mentally unwell it could have applied under the Mental Health (Compulsory Assessment and Treatment) Act for an order to force her to accept medical treatment.
“As a general rule people make decisions about their health and they choose to either accept or reject the advice of the experts, in this case here she has a belief that trumps that,” he said.
“No one is going to change her view.”
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Treat Mum to Brunch Bliss
Celebrate Mum in the most delicious way this Mother’s Day at The Terraces! Join us Sunday, 11 May, 10:30 am–2:30 pm for a beautifully curated brunch featuring artisan breads, gourmet dips, fresh seafood, live stations, and decadent desserts. It's the perfect way to show your love and … View moreCelebrate Mum in the most delicious way this Mother’s Day at The Terraces! Join us Sunday, 11 May, 10:30 am–2:30 pm for a beautifully curated brunch featuring artisan breads, gourmet dips, fresh seafood, live stations, and decadent desserts. It's the perfect way to show your love and gratitude. See our full menu online.
$80 adults | $30 kids (10 & under)
Book now: 09 926 7973 | TheTerracesRestaurant.co.nz
Heads or Tails?
Be in to WIN a once-in-a-lifetime experience for a young Blues fan!
Tell us why your youngster should be the special coin toss guest at the next Blues home game.
The Prize includes:
- Tossing the coin with the referee and team captains.
- x2 Silver Stand tickets so you and your child can … View moreBe in to WIN a once-in-a-lifetime experience for a young Blues fan!
Tell us why your youngster should be the special coin toss guest at the next Blues home game.
The Prize includes:
- Tossing the coin with the referee and team captains.
- x2 Silver Stand tickets so you and your child can watch the game.
- x2 food & beverage vouchers
- x1 goodie bag and blues jersey.
- Visiting the commentary box
- Being taken to the field side-line where you can watch the team warm-up.
Terms and conditions apply
What historical moment lives on in your memory?
Everyone has at least one world event they’ll never forget. Whether it’s something recent like the pandemic or the passing of the Pope, or something from the past like 9/11 or a World War.
If you're comfortable sharing, let us know where you were when the news broke, and what do you … View moreEveryone has at least one world event they’ll never forget. Whether it’s something recent like the pandemic or the passing of the Pope, or something from the past like 9/11 or a World War.
If you're comfortable sharing, let us know where you were when the news broke, and what do you remember most about that moment?
The retirement we all dream of
Kia ora team
Thinking about retirement? Maybe you’re already retired, you’re close to it, or you’re just dreaming of it in the distant future… Check out Stuff’s continuing partnership with Metlifecare, The Good Life.
This time, we’ve looked at the … View moreKia ora team
Thinking about retirement? Maybe you’re already retired, you’re close to it, or you’re just dreaming of it in the distant future… Check out Stuff’s continuing partnership with Metlifecare, The Good Life.
This time, we’ve looked at the nutrient we should be focusing on as we age (and no, it’s not the carbs v fat debate!) plus some luxury rail travel - with gourmet food.
We also feature a fabulous 80s band, by which we mean the youngest member is 80!
Joanna Davis
Homed Editor
An Introduction to Meditation - Free Beginners classes starting 5 May
This free course offers a structured 4 part program covering the ABC’s of learning meditation, and introduces many lifestyle positives supporting your practice.
The focus is on meditation exercises, helping you to cultivate a quiet mind, calm breath, still body. The evenings are welcoming and … View moreThis free course offers a structured 4 part program covering the ABC’s of learning meditation, and introduces many lifestyle positives supporting your practice.
The focus is on meditation exercises, helping you to cultivate a quiet mind, calm breath, still body. The evenings are welcoming and encouraging, inviting participation and questions and featuring several guided meditation techniques each evening.
These evenings also provide an overview of the many paths, introducing the main branches of yoga along with mantras and simple visualisations.
When: Consecutive Mondays, Thursdays, May 5, 8, 12, 15. 7:30-9pm nightly
Venue: Sri Chinmoy Centre, 89 Dominion Rd, Mt Eden.
Entry is through the side door just around the corner in Tawari Street.
Registration: Registration is required to accommodate numbers attending. Please register on the contact page below, or text your name, number attending to Ailsa 021 892 153.
NOTE: No new admissions after the second evening please, as this is a structured, progressive course. Plenty of local street parking.
The perfect Mother's Day gift is here! 🌸
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More than half of Kiwis worry about money weekly as financial pressures remain
A new survey shows 55% of New Zealanders worry about money either daily or weekly.
Those “very” or “somewhat” concerned about the overall economy rose to 51%.
Only 44% of New Zealanders said they feel financially prepared for retirement.
… View moreA new survey shows 55% of New Zealanders worry about money either daily or weekly.
Those “very” or “somewhat” concerned about the overall economy rose to 51%.
Only 44% of New Zealanders said they feel financially prepared for retirement.
=====================================================
More than half of New Zealanders worry about money weekly amid persistent financial pressures, according to a new survey.
The Financial Services Council’s (FSC) latest Financial Resilience Index found 55% of New Zealanders – equivalent to just over two million people – worry about money either daily or weekly.
Despite concerns around inflation, house prices and interest rates easing slightly compared with last year, 83% remain “very” or “somewhat” concerned about inflation.
Meanwhile, the number of people feeling “very” or “somewhat” unconfident with the overall economy rose to 51%, up from 49% in 2024.
“These results show that while there’s potential for optimism, many households are still feeling the pinch,” said FSC chief executive Kirk Hope.
“The data reflects that financial pressure hasn’t disappeared.”
Financial issues also had an impact on the wellbeing of those surveyed, with 59% reporting their mental health had been affected.
Younger generations remain the groups that worry about money more regularly, with 35% of Gen Z worrying about it daily compared with Gen Y (30%), Gen X (31%), and Baby Boomers (16%).
Job security dropped, with 80% reportedly feeling either completely, very or reasonably secure in their current employment, down from 85% in 2024.
“Job security remains high but there is a small downward trend,” the report said.
Only 44% of New Zealanders said they feel financially prepared for retirement, down 6% from last year.
“At present, fewer than half of Kiwis feel financially prepared for retirement – a phase of life that should be defined by security and peace of mind,” Hope said.
KiwiSaver remains the top investment New Zealanders have, with 81% of Kiwis enrolled – more than double the 40% who hold cash investments like term deposits.
“With KiwiSaver being the primary investment vehicle for most New Zealanders, it’s essential that we re-examine settings around contributions and enrolment,” Hope said.
“Ensuring people can maximise the benefits of KiwiSaver is critical not just for their retirement, but for the long-term financial wellbeing of the country.”
A recent BNZ Voice survey found squeezed households were resorting to high-interest credit fixes to juggle back-to-school and work costs.
More than a third (37%) said they were turning to high-interest lending such as buy now, pay later services and credit cards to cover costs.
The biggest start-of-year expenses were stationery (53%), transport (42%), school and work uniforms (42%) and technology-related costs (40%).
Meanwhile, financial hardships in February were 16% higher year on year compared with a year ago, according to Centrix data.
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Storage Is Still Great Value For Money
Self-storage has become an increasingly popular and cost-effective option for both businesses and households. Here's a detailed summary emphasizing the value for money that self-storage offers compared to other solutions. Click the link to read more...
Fatal crash in Balmoral
Police are seeking the driver of a vehicle involved in a fatal crash in Balmoral overnight.
Just after 1am two vehicles collided on Dominion Road, near Wiremu Street.
“The crash has resulted in one vehicle colliding with the storefront of a restaurant, and the other vehicle coming to a stop a… View morePolice are seeking the driver of a vehicle involved in a fatal crash in Balmoral overnight.
Just after 1am two vehicles collided on Dominion Road, near Wiremu Street.
“The crash has resulted in one vehicle colliding with the storefront of a restaurant, and the other vehicle coming to a stop a short distance away,” acting Detective Senior Sergeant Rebecca Kirk says.
“Immediately after the crash, the driver of the vehicle which crashed into the shop fled on foot from the scene.”
Police staff arrived on scene a short time later.
Acting Detective Senior Sergeant Kirk says the driver of the other vehicle was located deceased at the scene, with the passenger in a critical condition.
The passenger remains in Auckland City Hospital.
“Our enquiries are ongoing to identify and locate the driver of the vehicle who fled," she says.
“I encourage that driver to do the right thing and contact Police or bring himself into the nearest Police station.”
A section of Dominion Road was closed overnight while the Serious Crash Unit examined the scene.
Anyone with information that can assist Police enquiries are asked to contact Police on 105 using the file number 250502/0011.
Information can also be provided anonymously via Crime Stoppers on 0800 555 111.
Massive turnout for PM’s Jane Winstone meet and greet
An impromptu visit by Prime Minister Christopher Luxon to Ryman’s Jane Winstone Village in Whanganui on Wednesday resulted in the largest turnout from residents that the village had seen in a very long time.
Residents who packed out the lounge and waited patiently for a chance to meet the PM … View moreAn impromptu visit by Prime Minister Christopher Luxon to Ryman’s Jane Winstone Village in Whanganui on Wednesday resulted in the largest turnout from residents that the village had seen in a very long time.
Residents who packed out the lounge and waited patiently for a chance to meet the PM said they were ‘very impressed’ at Luxon’s determination to get around everyone who had turned out to see him – even as his team started to worry he would be late for his next engagement!
Click read more for the full story.
Brighten Up Your Deck with Resene!
Transform a plain deck or balcony into a bright, cheerful space with your favourite Resene colour to enjoy looking out onto during the gloomier months. Find out how you can refresh your deck with these easy step by step instructions.
More than 5000 doctors will strike on May 1, postponing treatment for about 4300 patients.
Last-ditch mediation between Health New Zealand - Te Whatu Ora and the senior doctors’ union has failed to avert an unprecedented 24-hour strike.
Health NZ deputy chief executive Cath Cronin said the agency was “deeply disappointed” that the union had refused to present its latest offer to … View moreLast-ditch mediation between Health New Zealand - Te Whatu Ora and the senior doctors’ union has failed to avert an unprecedented 24-hour strike.
Health NZ deputy chief executive Cath Cronin said the agency was “deeply disappointed” that the union had refused to present its latest offer to its members following mediation on Thursday.
“We value our doctors and want to do the best we can for them, but the reality is that Health NZ has limited budget available for salary settlements within its tight financial constraints,” she said.
Health NZ was urgently applying for facilitation, which would “give an independent party the opportunity to hear from both sides and make a recommendation”.
“We believe we have been fair and realistic, including offering to remove the lowest pay steps for senior doctors.”
Cronin said Te Whatu Ora had “heard” the union’s concern regarding growing and retaining the senior doctor workforce.
Under Te Whatu Ora’s new offer, a first-year specialist would receive a $17,700 (9.5%) increase on base salary and a 9.5% increase on other remuneration, including KiwiSaver, and another 6% the following year.
A second-year specialist would receive a $11,800 (6.2%) pay increase on base salary plus 6.2% for KiwiSaver, and another 6% increase in the following year.
All other specialists would have their salaries increased by 3% over two years, with a lump sum payment of $8000 to doctors with three or more years’ experience.
“Additionally, we offered an incentive in ‘hard to recruit’ districts, which will assist in attracting and retaining senior doctors.”
Latest offer ‘worse’ - union
======================
The Association of Salaried Medical Specialists executive director Sarah Dalton said however there was no point taking the offer to its members as for most of them it was “worse than what was originally on the table”.
Most specialists were already near or at the top of the specialist scale, and for them the offer (a 33-month term with no backdating) worked out at “less than 0.77% on average”, she said.
Dalton said the offer of less than 1% amounted to a pay cut in real terms, and would “drive existing doctors away rather than help retain them”.
It would not attract any new senior doctors to fill vacancies, which run at 12% on average, and up to 44% in some districts.
“New Zealand will be short more than 3450 senior doctors by 2032 and we are already seeing the impact of doctor shortages across the country with longer wait times in emergency departments and for first specialists’ appointments.
“At the same time, Health NZ continues to pay considerable amounts to locums [doctors covering specialist vacancies] some of whom are left in the posts for months rather than days or weeks, and who are paid significantly more than salaried staff.
“So we think their priorities are wrong, they’re not taking a long-term investment approach. They still can’t adequately account for where there are gaps and where there are not.”
While Health NZ was claiming to have made “recruitment and retention offers” in hard to staff areas, that was only happening in four districts, she said.
“They have coincidentally limited those to the four that have been in the media the most. Some of them do have the greatest need, like Tairāwhiti, but there are regions that have demonstrably higher vacancy levels that have not been included in this list.
“So they continue to ignore their own data in terms of what they say they are doing.”
Dalton acknowledged that Te Whatu Ora did move to address some problems in mediation, including offering to “restore relativities” with junior doctors.
That would benefit about 500 members.
However, some doctors were still waiting for aspects of the last collective settlement to be implemented. For instance, some districts were still not paying emergency department shift allowances.
“The strike will result in planned procedures being postponed, but the same number of procedures are lost every week due to ongoing staff shortages,” Dalton said.
Hospitals and emergency departments will remain open, and the union is working with Health NZ to ensure life-preserving services continue during the strike.
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Netball Skills Development programmes
Looking to further your child's skill development, or they just need a little extra guidance? Join our skills clinics, led by quality coaches
STARTING NEXT WEEK, so get in quick!!
Afterschool Clinics details:
📅 Wednesday afternoons in St Johns 🏠 Starting 7 May
📅 Friday … View moreLooking to further your child's skill development, or they just need a little extra guidance? Join our skills clinics, led by quality coaches
STARTING NEXT WEEK, so get in quick!!
Afterschool Clinics details:
📅 Wednesday afternoons in St Johns 🏠 Starting 7 May
📅 Friday afternoons in Mt Eden 🏠 Starting 9 May
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Weekend Clinics details:
📅 Sunday afternoons in St Johns 🏠 Starting 18 May
📅 Saturday mornings in Mt Eden 🏠 Starting 17 May
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ESOL resources please make me an offer
From elementary through intermediate, to advanced level, workbooks and vocabulary activities, related publications and textbooks for the student and teacher of English to Speakers of Other Languages.
Includes 2 x Harmer's The Practice of English Language Teaching and 2 x Murphy's English… View moreFrom elementary through intermediate, to advanced level, workbooks and vocabulary activities, related publications and textbooks for the student and teacher of English to Speakers of Other Languages.
Includes 2 x Harmer's The Practice of English Language Teaching and 2 x Murphy's English Grammar in Use. See photos for other titles.
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