CAT/C/68/D/852/2017 to pursue the serious complaint in 1977 and the fact of Dr. Leeks being allowed to leave the country and later resign without having his practice investigated. 5.13 The State party had a duty of care to the young people who went to Lake Alice. It was not enough to conduct superficial investigations and pretend these were isolated incidents and the children not credible witnesses. Nor was it enough just to make ex gratia payments to victims, while claiming no liability, when many of them wanted those responsible to be held accountable. The State party could take further steps to ensure this complaint is fully investigated and those responsible for what occurred at Lake Alice are held accountable for their actions. Additional submission from the State party 6.1 On 15 May 2019, the State party provided further observations. As to allegations that police investigations conducted between 2002 and 2010 were inadequate, the State party explains that the decision in the early 2000s to choose a representative complaint for analysis was an exercise of police prosecutorial discretion. It was and is accepted practice that complaints which raise common legal issues are able to be examined on a representative basis. This did not mean that the other complaints received were ignored. Similarly, when the complainant made his complaint in 2006, police had access to past complaints and were able to analyse the legal issues that were common to the decision they were required to make as to whether to prosecute Dr. Leeks. In the light of the steps already undertaken by the police and the information that the police had from prior investigations into the Lake Alice hospital, the criticism that the police did not interview a sufficient number of victims is not valid and it was not a breach of the State party’s article 12 obligations. 6.2 As to the allegation that the six-month time limit for bringing a charge of “neglect or ill-treatment of a mentally disordered person” under section 112 of the Mental Health Act 1969 could be extended by applying section 124 of that Act, the State party submits that the New Zealand Court of Appeal has rejected the proposition that the six-month time frame within which an application for leave to bring a civil or criminal claim in respect of acts done in the pursuance of the Mental Health Act 1969 only starts to run from the cessation of the injury or damage to the person who wishes to bring the action or prosecution.30 As such, in 2010 the police were correct to determine that no charges could be brought against Dr. Leeks under the Mental Health Act. 6.3 The State party advises the Committee that allegations of sexual assault at the Lake Alice hospital are currently being investigated by the police. The catalyst for the investigation was three witnesses coming forward to make complaints to the police in early 2019. The police did not pursue the allegations of sexual assault at the Lake Alice hospital between 2006 and 2010 because the claims at that point were considered too vague to be properly investigated or the suspect and/or complainant was dead. The fact that the police have opened an investigation into matters concerning the Lake Alice hospital in response to recent complaints demonstrates that they continue to be responsive to complaints relating to this matter. 6.4 In November 2018, an independent inquiry into the New Zealand mental health system recommended that the Mental Health (Compulsory Assessment and Treatment) Act 1992 be repealed. The Government is currently considering that recommendation and work is already under way to revise the guidelines under that Act. The revisions seek to align the application of the current legislation as closely as possible with the State party’s obligations under the Convention on the Rights of Persons with Disabilities. 6.5 The terms of reference of the Royal Commission of Inquiry into historical abuse in State care have been finalized. The Commission will consider the experiences of children, young persons and vulnerable adults who were in care between 1 January 1950 and 31 December 1999. For the purposes of the inquiry, “State care” includes “psychiatric hospitals or facilities (including all places within those facilities)”. Accordingly, events at Lake Alice during the 1970s fall within the terms of reference of the Commission. The 30 See Longman v. Residual Health Management Unit [2008] NZCA 363 and [2009] 2 NZLR 424. 11