The whānau of missing Ōmāio man Jason Rangirerehau Butler has formally challenged a provisional decision by the Health and Disability Commissioner (HDC) to close a complaint into his care at Whakatāne Hospital without any findings of breach.
In a comprehensive submission lodged on Sunday, Jason’s sister and next of kin, Huia Mackley, responded to an HDC provisional decision dated 4 May 2026.
She argues that the official record surrounding her brother’s care still contains significant factual errors and omissions that have remained uncorrected by official agencies.
“I am making this submission public because the public and Jason’s community deserve to know that the official record of his care contains serious errors that no agency has yet been willing to correct,” Mackley said.
Background to the disappearance and court proceedings
Butler, who would have turned 55 this year, was last seen in the Raukūmara Ranges on 23 October 2021, just ten days after being discharged from Whakatāne Hospital. He was reported missing on 27 October, triggering extensive search efforts across the Eastern Bay communities of Ōmāio and Hāparapara.
Police, Search and Rescue teams, and community members spent days combing rugged terrain and waterways in an effort to locate him. Despite these extensive efforts, Jason has never been found.
In October 2025, Police arrested and charged a 57-year-old man with manslaughter in relation to Jason’s disappearance. That matter remains before the courts. Mackley emphasised that the HDC complaint focuses strictly on the medical care Jason received through Whakatāne Hospital and is entirely separate from the ongoing criminal proceedings.
Twelve serious errors and systemic failures alleged
According to Mackley, the whānau response identifies twelve distinct factual errors that remain within official records nearly five years after Jason’s disappearance. Among the most serious concerns raised in the submission are:
- Mixed Medical Records: A claim that a documented mental health history repeatedly attributed to Jason across official documents actually belonged to Mackley’s own son, not Jason.
- Omitted Medical History: The submission argues that Jason’s transfer to an Auckland Acquired Brain Injury Unit following a traumatic brain injury in 2018 was omitted from official records, an omission Mackley says misrepresents the severity of his injury and medical history.
- Lack of Reassessment: Mackley alleges Jason was discharged from Whakatāne Hospital on 13 October 2021 without reassessment, despite what she describes as escalating behaviour.
- No Follow-up Care: The submission raises concerns around Jason’s access to personal belongings and claims there was zero follow-up contact with either Jason or his whānau after his discharge.
- Systemic Pressures and Bias: The response points to broader concerns about severe workforce and staffing pressures within Whakatāne mental health services at the time Jason presented to the hospital. Furthermore, it raises concerns regarding what the family describes as institutional racism in the way Jason was assessed, documented, and discharged.
HDC and Health New Zealand respond
Jane Carr-Smith, writing on behalf of the Office of the Health and Disability Commissioner, confirmed in a response to Pūkāea that the agency had received the family’s submission and that the assessment process remains underway.
“We extend our condolences to Mr Jason Rangirerehau Butler’s whānau for their loss, and recognise the impact these events had, and continues to have on them,” the HDC said.
The agency stated it was unable to comment directly on the specific details of the complaint while the assessment is active, but outlined how information is evaluated before a final decision is reached.
“HDC listens to each side of the case, weighs up the evidence, and makes an impartial decision,” the agency said, noting that evidence can include clinical notes, recollections from complainants and providers, information from other agencies, and expert clinical advice.
Crucially, the HDC noted that responses to provisional decisions can result in additional inquiries.
“On receipt of responses to a provisional decision, HDC considers whether the response raises new issues that have not yet been considered or addressed. If these concerns are not addressed by the information we have already gathered, we may seek additional information or expert advice.”
The agency also confirmed that it evaluates the broader context of care, including staffing, systemic context, and other constraints where relevant. A provisional HDC decision is not a final determination, and complainants are legally permitted to formally respond before the Commissioner reaches a final verdict.
Meanwhile, Te Whatu Ora (Health New Zealand) declined to comment on the matter.
“We do not comment on provisional findings; we will wait for the final report,” Health New Zealand spokesperson Stephanie Ockhuysen said
