In April 2025, the Director of Mental Health, Dr John Crawshaw, decided an inquiry was necessary under section 95 of the Mental Health Act into the situation that occurred in March 2025, where a person was misidentified and subsequently given medication at Waikato Hospital. The inquiry will be led by Mr David Niven, district inspector of mental health. This document details the Terms of Reference for the inquiry.
Following the completion of the inquiry, the report on the inquiry may be made public subject to privacy considerations.
What is a section 95 inquiry?
Under section 95 of the Mental Health Act, a district inspector can conduct an inquiry into any breach of the Act, the duties of anyone employed by a hospital or service, or any other matters they or the Director of Mental Health sees fit. When conducting an inquiry under section 95, a district inspector has the same powers and authority as a Commission of Inquiry.
These inquiries result in the district inspector making specific recommendations for the mental health service or sector. The Director of Mental Health monitors the implementation of the recommendations and the overall response. These are independent statutory inquiries.
Section 95 of the Mental Health Act – Inquiries by district inspector
What is a district inspector?
District inspectors are statutory officers appointed under section 94 of the Mental Health Act by the Minister of Health. They are lawyers who uphold the rights of people subject to the Mental Health Act and can investigate complaints related to breaches of those rights. District inspectors provide independent oversight of the functioning of the Mental Health Act to protect vulnerable individuals.
Section 94 of the Mental Health Act – District inspectors and official visitors
