{"id":478231,"date":"2026-06-15T10:44:09","date_gmt":"2026-06-15T10:44:09","guid":{"rendered":"https:\/\/www.newsbeep.com\/nz\/478231\/"},"modified":"2026-06-15T10:44:09","modified_gmt":"2026-06-15T10:44:09","slug":"hospital-failed-maori-patient-seeking-return-of-womb-intact-hdc-finds","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/nz\/478231\/","title":{"rendered":"Hospital failed M\u0101ori patient seeking return of womb intact, HDC finds"},"content":{"rendered":"

In a decision released today, Commissioner Morag McDowell acknowledged the \u201cserious implications\u201d of tissue being returned without testing, but said only the patient had the mana to decide whether their whare tangata was to be returned.<\/p>\n

Whare tangata was described as a concept that extended deeply into several key areas of M\u0101ori culture and health<\/a>.<\/p>\n

\"AA hospital and a surgeon have breached a patient\u2019s rights over the improper return of a body part following surgery, the Health & Disability Commissioner has found. Photo \/ 123rf<\/p>\n

\u201cAs the whare tangata carries deep and significant meaning for M\u0101ori<\/a>, clinicians working with whare tangata have a responsibility to protect it and its sacredness,\u201d McDowell said.<\/p>\n

However, this was not reflected in the care provided to the patient, who identifies as a M\u0101ori wahine in ao M\u0101ori (M\u0101ori worldview) and they\/them in ao P\u0101keh\u0101 (Western worldview).<\/p>\n

Ao M\u0101ori practices a normal way of life <\/p>\n

In October 2024, the patient went to an appointment at the unnamed public hospital to discuss an upcoming hysterectomy.<\/p>\n

Health NZ<\/a> confirmed that a doctor discussed this with the patient and whether their ovaries would also be removed. <\/p>\n

The appointment was an opportunity for the potential risks and benefits of the surgery to be discussed and for the patient to ask any questions, Health NZ said.<\/p>\n

The patient was raised following the principles of core M\u0101ori concepts, where ao M\u0101ori practices were the norm and a natural way of life for them.<\/p>\n

They made it clear to hospital staff they wanted their whare tangata returned whole, without testing, for cultural reasons.<\/p>\n

The patient filled out the \u201creturn of tissue\u201d form, but their whare tangata was sent to the laboratory for testing.<\/p>\n

The complaint to the HDC<\/a> a month later focused on its improper return, when histological analysis had not been consented to.<\/p>\n

Concerns were also raised about how the error was communicated to the patient and the care they received from staff after the error was identified.<\/p>\n

McDowall said it was important to note the doctor attending the preoperative appointment disputed being told the patient would like their whare tangata returned whole without testing.<\/p>\n

Health NZ said the section of the form pertaining to the return of tissues was \u201cincorrectly\u201d ticked \u201cyes\u201d by the patient.<\/p>\n

However, the doctor accepted that he knew the patient wanted their tissue returned.<\/p>\n

He agreed that he asked the patient to remind the surgical team about this request.<\/p>\n

Matter of cultural integrity<\/p>\n

The patient understood there was a chance their whare tangata might get cut during surgery, because of the presence of a cyst and potential bowel lesions, but requested it be returned as \u201cwhole\u201d or as \u201cuntouched\u201d as possible.<\/p>\n

\u201cAs a M\u0101ori woman, I whakapapa to M\u0101ori heritage, which holds the whare tangata as sacred. <\/p>\n

The patient said in their culture, \u201cthis organ symbolises our connection to ancestors, our land, and future generations\u201d. <\/p>\n

\u201cReturning it whole after surgery is a sign of respect for whenua, and it honours my cultural and spiritual beliefs. <\/p>\n

\u201cThis request was not simply a preference; it was a matter of cultural and spiritual integrity.\u201d<\/p>\n

On the day of the surgery, they arrived early and filled out the patient information and admission forms. <\/p>\n

They also filled in a \u201creturn of tissue\u201d form and verbally re-stated the request to the different staff involved.<\/p>\n

Mixed messages<\/p>\n

McDowall said surgery went without complications. Afterwards, the patient asked if their whare tangata had been removed intact and was told that it had been taken out whole.<\/p>\n

The next day the patient was told to pick it up from the laboratory in two weeks.<\/p>\n

McDowall said the patient was confused because of the request for no testing or cutting.<\/p>\n

Later that day another doctor said the whare tangata had not been altered and that no \u201ccutting or dying\u201d (staining, to make cells visible) had occurred.<\/p>\n

However, days later the same doctor then said the laboratory had done exactly that, which contradicted the previous assurances given. <\/p>\n

\u2018Wires crossed\u2019<\/p>\n

The patient said the doctors apologised and that they had \u201cgot their wires crossed\u201d.<\/p>\n

McDowall said the patient was upset and felt \u201clied to\u201d. <\/p>\n

The patient then had to sign a second \u201creturn of tissue\u201d form before their whare tangata could be returned, which stated they understood the implications of it not being tested and that consent was never given for testing.<\/p>\n

McDowall said the patient received their whare tangata from the hospital<\/a> mortuary, then left.<\/p>\n

She said because of the tapu nature of whare tangata and the patient\u2019s \u201cexplicit and numerous requests\u201d to have their whare tangata returned whole, the experience has caused immense distress for the patient and their wh\u0101nau.<\/p>\n

Health NZ told the HDC that had the patient wanted their whare tangata returned without testing, they should have selected the option \u201ctemporary storage required\u201d.<\/p>\n

Health NZ apologised that its staff did not help the patient fill out this form, or explain the different processes for the return of their whare tangata.<\/p>\n

The hospital\u2019s \u201chuman tissue, management and handling\u201d policy noted that the different processes of tissue return should be explained to patients. <\/p>\n

Doctor acknowledged hurt caused<\/p>\n

The doctor who had seen the patient at the pre-operative appointment, said in a statement to the HDC he acknowledged the hurt experienced by the patient and apologised for the breach of tikanga.<\/p>\n

He offered to take part in tikanga to help resolve the grievance if the patient felt that was appropriate. <\/p>\n

He also acknowledged that tikanga had not been respected, through miscommunication rather than neglect.<\/p>\n

\"HealthHealth and Disability Commissioner Morag McDowell acknowledged the \u201cserious implications\u201d of tissue being returned without testing, but only the patient had the mana to decide whether their whare tangata was to be returned.<\/p>\n

McDowall said in finding the doctor had breached a section of the health consumer\u2019s code, that regrettably, however well-intentioned the doctor seemed, he had proceeded on an assumption that tissue return would occur after testing.<\/p>\n

She was also \u201cmildly critical\u201d that the doctor had not documented that the patient had requested the return of their whare tangata.<\/p>\n

McDowall acknowledged he had expressed his \u201cdeep sadness for what occurred\u201d and had \u201cunhesitatingly apologised for the upset and distress caused\u201d. <\/p>\n

He had also changed his practice to ensure patients requesting return of tissue were engaged on the limits and extent of testing they would agree to.<\/p>\n

In relation to M\u0101ori consumers, he planned to further emphasise what would happen to tissue to ensure that tikanga was respected.<\/p>\n

McDowall found Health NZ breached the code by the testing of the patient\u2019s whare tangata without their explicit consent.<\/p>\n

Neither had it provided the patient with culturally appropriate care.<\/p>\n

Tracy Neal is a Nelson-based Open Justice reporter at NZME. She was previously RNZ\u2019s regional reporter in Nelson-Marlborough and has covered general news, including court and local government for the Nelson Mail.<\/p>\n","protected":false},"excerpt":{"rendered":"In a decision released today, Commissioner Morag McDowell acknowledged the \u201cserious implications\u201d of tissue being returned without testing,…\n","protected":false},"author":2,"featured_media":332792,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[1863,9218,3470,24181,18692,12513,11424,11423,2241,10815,127091,1362,2720,111,43,139,69,1118,1597,39157,1527,40249,240742,165,8229,5828,14036,1339,17563],"class_list":["post-478231","post","type-post","status-publish","format-standard","has-post-thumbnail","category-new-zealand","tag-back","tag-before","tag-clear","tag-cultural","tag-cutting","tag-failed","tag-finds","tag-hdc","tag-hospital","tag-hysterectomy","tag-intact","tag-made","tag-mori","tag-new-zealand","tag-news","tag-newzealand","tag-nz","tag-of","tag-patient","tag-reasons","tag-return","tag-seeking","tag-slicing","tag-their","tag-they","tag-wanted","tag-whole","tag-without","tag-womb"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts\/478231","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/comments?post=478231"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts\/478231\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/media\/332792"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/media?parent=478231"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/categories?post=478231"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/tags?post=478231"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}