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Man who killed for second time not drug tested on day of attack

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A mental health patient was not drug tested on the day he committed his second killing because the staffer believed he was “acting cagey”, his father alleges.

The man was subject to a compulsory treatment order at the time, which meant that drug screening occurred on a voluntary basis.

But if he failed the test, the clinician would then need to assess whether the patient should be re-called to hospital.

RNZ earlier revealed the man – who was made a special patient under the Mental Health Act after his first killing – was recently found not guilty of murder by reason of insanity for a second time after killing someone he believed was possessed.

RNZ is unable to publish details regarding either killings due to an appeal against name suppression that is due to be heard by the Court of Appeal.

RNZ has obtained a copy of a letter from the man’s father to the presiding judge.

Do you know more? Email sam.sherwood@rnz.co.nz

The man’s father alleged that on the day he killed for a second time, he was supposed to be drug tested.

“He turned up for the appointment but was not tested because the staff member said that he was acting cagey and she didn’t want to make him feel like he was being picked on.

“This is a so-called health professional who observed unusual behaviour from a person with severe mental health issues and they didn’t do anything about it. She didn’t test him and basically allowed him to leave. A few hours later [he killed again].”

The man said his son told him he had to go have a drug test “so he was expecting it, but nothing came of it”.

The man’s second killing “could and should have been prevented,” the father says.

“How can someone who has previously killed another person be able to remain free when the warning signs are right there for all to see?”

In the weeks leading up to the second killing, the man’s mental health was “rapidly declining”, a judge earlier said. He was admitted to a mental health facility following an altercation with a relative.

About a week later he was released. He was having relationship problems and was using cannabis.

Five days after he was released from the mental health facility, he stabbed someone to death.

In his letter, he said his son had mental health issues “for most of his life”.

“I have attended countless appointments and meetings relating to [him] and his treatment, and I have full knowledge of the process, his medication and it’s effectiveness, the downsides and how he has responded over the years.

“I have met his doctors and psychiatrists and have a good understanding of the mental health system, what services are provided and some of it’s failings.”

He discussed his son’s admission to a mental health facility before the second killing when his mental health “deteriorated”.

He said the staff should not have released his son.

The second killing was “predictable if anyone bothered to look at the warning signs and do something about it,” he said.

“Predictable in the sense that [he] was on a downward spiral. Maybe not predictable with the exact date and time, but the warning signs were there for the health professionals to see. To use their judgement and training and to actually do something about what they saw instead of just letting it go because it gets too hard for them.”

He said the health system was “not aggressive enough to make decisions”.

“For more than 5 years I visited [him] every night in one of their institutions, so I know full well what goes on inside the walls. There are more questions than answers. The health system had [him] in their custody and released him. A health professional saw [him] on the day he killed [again], described him as being cagey, did not do the blood test and let him go without doing anything. How? Who is accountable? How can someone who has previously killed another person be able to remain free when the warning signs are right there for all to see?”

RNZ put the allegations regarding the drug test to both Health New Zealand and the Ministry of Health.

Health New Zealand (HNZ) said an external review of the care the patient received leading up to their alleged offending is in progress. They did not comment on the allegations.

In most situations screening for substance use occurred on a voluntary basis and could include individuals subject to detention under the Mental Health Act on Compulsory Treatment Orders, an HNZ spokesperson said.

“However, screening is very much part of an individual treatment/care plan where interventions may be put in place in the event of a positive result or refusal to be tested.”

Director of Mental Health Dr John Crawshaw said in a statement that in circumstances like these an independent review is triggered to investigate the incident and make recommendations for changes to services and for those recommendations to be acted on.

A review was still underway.

“The claim of reported drug use and delays in drug testing would be most appropriately investigated by the independent review commissioned by Health New Zealand.”

In relation to drug testing, a Ministry of Health spokesperson said screening for substance use occurred on a voluntary basis and can include individuals subject to detention under the Mental Health Act on Compulsory Treatment Orders.

“Screening is very much part of an individual treatment/care plan where interventions may be put in place in the event of a positive result or refusal to be tested.

“For further background, it also depends on whether the person is on an inpatient order or a community treatment order. If the testing is part of a condition of leave on an inpatient order it can result in the leave being cancelled. If the person is on a community treatment order, the responsible clinician would then need to assess whether there is enough concern to direct the patient to be treated as an inpatient. It’s important to note that this applies to people under ordinary Mental Health Act orders and there is a separate process for special patients.”

Mental Health Minister Matt Doocey said any serious incident, particularly one where someone was killed was a “cause of very serious concern”.

“That is why it is important that reviews are triggered and recommendations for changes to services are acted on. My focus is on ensuring agencies involved are putting in place the necessary changes to help prevent these incidents occurring again.

“There is an external review underway, and it would be my expectation that this review will cover the care this person received leading up to the incident.”

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Police say person who fired gun at officers still at large

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Police say a person who fired a gun at officers in Napier is still at large.

Eastern District Commander Superintendent Joel Lamb said Police tried to stop a vehicle in the Pirimai Area at about 10pm on Tuesday.

He said someone in the back seat pointed what was presumed to be a firearm at officers pursuing the vehicle.

“Staff have then heard two distinct gunshots as the firearm was discharged.

“Fortunately, neither of our officers were injured, and the patrol vehicle did not sustain any damage.”

He said hours later, the vehicle was seen travelling north on the Waikato Expressway towards Auckland.

Police seized the vehicle at an address in Manurewa, but they had not found the alleged offender.

Lamb said people who lived at the Manurewa address were engaging with Police.

He said Eastern District and Counties Manukau Police were making enquiries.

“Presenting a firearm at a Police officer is a serious escalation that puts our staff and the wider community at risk. This behaviour is entirely unacceptable.

“We are taking this incident extremely seriously and will be pursuing all lines of enquiry to locate the offender and hold them accountable.”

Police asked anyone who witnessed the incident to contact Police on 105 or online using the reference number 261111/3764.

Information could also be provided anonymously via Crime Stoppers on 0800 555 111.

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New Zealand sides named for RLWC finals

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The players tasked with ending Australia’s Rugby League World Cup dominance have been named.

The Kiwis and Kiwi Ferns have announced their squads for this Sunday’s World Cup finals in Brisbane.

Both sides are chasing their first titles since 2008, and both are looking to end their opponents run of three crowns in a row.

“Our Kiwi Ferns have been so dominant in years gone by, and we want to bring dominance back to this jersey, so I think it will be a case of who wants it more,” said co-captain Georgia Hale of the impending clash.

The Kiwis get a major boost for the final as they welcome back Ronaldo Mulitalo after he served a one-match ban for a high tackle against Fiji Bati.

Mulitalo replaces Charnze Nicoll-Klokstad, who moves to the six-man bench, which again includes utility Te Maire Martin, middle forwards Naufahu Whyte, Erin Clark and Xavier Willison plus fullback Keano Kini.

Loose forward Joseph Tapine will make his 30th Test appearance in a familiar pack again, including second-rowers Isaiah Papali’i and Briton Nikora, and props James Fisher-Harris and Moses Leota.

Winger Jamayne Isaako is on the cusp of claiming the New Zealand record for most Test points.

His five goals against Tonga lifted his career points tally to 225 – level with Shaun Johnson – while centre Casey McLean goes into the final with 16 tries in just eight Tests.

Fisher-Harris will again captain the team.

Fullback Ponga said the goal of the group was clear.

“We have high expectations around what we want to achieve, and obviously winning a world Cup is one of them.”

Meanwhile, Ricky Henry has selected a settled side to take on the Jillaroos, led by their lethal centre combination of Stacey Waaka and Mele Hufanga.

Veteran Apii Nicholls takes the number one jersey, Leianne Tufuga and Mackenzie Wiki on the wings.

Henry has stuck with his halves pairing of Chantay Kiria-Ratu and Raecene McGregor with Alexis Tauaneai, Georgia Hale and Otesa Pule up front.

Rounding out the starting pack is Shaniece Monschau, Kaiyah Atai, and Angelina Teakaraanga-Katoa.

“We have been building well throughout the tournament; we understand the Jillaroos side, and will give it our all to make New Zealand proud this weekend,” said Henry.

RLWC Finals:

Kiwi Ferns vs Jillaroos- 6.10pm

Kiwis vs Kangaroos – 9.35pm

Sunday November 15

Suncorp Stadium, Brisbane

Live blog updates on RNZ

Kiwi Ferns:

1. Apii Nicholls 2. Leianne Tufuga 3. Mele Hufanga 4. Stacey Waaka 5. Mackenzie Wiki 6. Chantay Kiria-Ratu 7. Raecene McGregor 8. Alexis Tauaneai 9. Georgia Hale 10. Otesa Pule 11. Shaniece Monschau 12. Kaiyah Atai 13. Angelina Teakaraanga-Katoa.

Interchange: 14. Ashleigh Quinlan 15. Annessa Biddle 16. Shannon Mato 17. Ivana Lauitiiti.

Reserves: 18. Brooke Anderson 19. Zahara Temara 20. Brianna Clark 21. Abigail Roache 22. Tenika Willison.

Kiwis:

1. Kalyn Ponga, 2. Jamayne Isaako, 3. Dane Gagai, 4. Casey McLean, 5. Ronaldo Mulitalo, 6. Kodi Nikorima, 7. Jahrome Hughes, 8. James Fisher-Harris (c), 9. Jeremy Marshall-King, 10. Moses Leota, 11. Isaiah Papali’i, 12. Briton Nikora, 13. Joseph Tapine (v/c).

Interchange: 14. Te Maire Martin, 15. Naufahu Whyte, 16. Erin Clark, 17. Xavier Willison.

Reserves: 18. Keano Kini, 19. Phoenix Crossland, 20. Charnze Nicoll-Klokstad, 21. Scott Sorensen, 22. Leo Thompson.

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Parliamentary Service working on extra chairs and offices for increased number of MPs

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The chief executive of the Parliamentary Service is confident there will be enough room to accommodate the increased number of MPs and their staff coming into Parliament.

On current numbers, up to 131 MPs could be sitting in the Chamber following the election, brought on by a record overhang result.

Clerk of the House of Representatives Dr David Wilson told the Spinoff that currently the debating chamber had enough chairs to seat 124 MPs – including the Speaker of the House – and work was being done to accommodate more by altering the seating arrangement.

In a statement, Parliamentary Service chief executive Rafael Gonzalez-Montero said planning for a larger Parliament had been going for “some time”.

“Now that the election results have confirmed an increase to the number of members we are looking at several options.

“We are confident we will be able to accommodate all members within the Chamber.”

Chief Executive of the Parliamentary Service Rafael Gonzalez-Montero appears before select committee.
Parliamentary Service chief executive Rafael Gonzalez-Montero.

VNP / Phil Smith

Gonzalez-Montero said office accommodation for members and their staff would be “stretched” for a short time, but the new Members’ Building was only a few months away from “practical completion”.

That building – located behind Parliament – was due to be ready to occupy in April next year and had capacity to accommodate around 30 backbench MPs.

“All members should be in fit-for-purpose accommodation from that point,” Gonzalez-Montero said.

Following the 2023 election, 123 MPs sat in the Chamber – a record number at the time. That decreased to 122 following the resignation of National MP Judith Collins.

Collins held the seat of Papakura and stepped down in May and Parliament voted against holding a by-election because it was too close to the election.

The election result also meant high-ranking National Party MPs like Chris Bishop, Paul Goldsmith, Nicola Willis and Gerry Brownlee – Speaker of the House and an MP for 30 years – would likely not make it back into Parliament.

Only resigning or retiring MPs were permitted to give a valedictory speech meaning none of them would get the chance to give a valedictory statement.

Asked if their would be special allowances for valedictories, Wilson said in a statement that normally only MPs were allowed to speak in the House but the House could suspend its own rules or temporarily alter them.

“It could do so to allow former members to address the House.”

Wilson said no such arrangements could be made until the next Parliament opened and members sworn in.

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