Human Rights Review Tribunal HRRT No. 017/2011 [2013] NZHRRT 5 (25 February 2013)
Mr Emms is a self-employed Shiatsu practitioner. Shiatsu is a therapy in which the client remains fully clothed. The Director of Proceedings brought a claim before the Human Rights Review Tribunal in which the Tribunal accepted that following a Shiatsu therapy session (about which neither the aggrieved person nor the Director of Proceedings made complaint), the aggrieved person, being still in need of pain relief, was offered a non-Shiatsu massage by Mr Emms. In the course of this non-Shiatsu massage Mr Emms required the aggrieved person to undress, touched her breasts and buttocks without her informed consent and commented inappropriately on her breasts.
Having seen and heard the aggrieved person give evidence the Tribunal's clear conclusion was that it was the aggrieved person who had given truthful evidence and that it was Mr Emms who "is in denial over the massage session".
The Tribunal made a formal declaration that Mr Emms had breached the Code of Health and Disability Services Consumers' Rights in relation to Right 2 (Right to freedom from exploitation), Right 4(1) (Appropriate standard of care), Right 4(2) (Services that comply with ethical and other relevant standards), Right 6(2) (Information to make an informed choice), and Right 7(1) (Informed consent).
Damages of $15,000 were awarded against Mr Emms for humiliation, loss of dignity and injury to the feelings of the aggrieved person.
The Tribunal's decision is available at http://www.nzlii.org/nz/cases/NZHRRT/2013/5.html
Last reviewed February 2019