Whānau still seeking answers amid report into missing man's discharge

Two years after Omaio man Jason Butler was taken into the bush by a DOC contractor and never seen again his family remains in limbo and is angry at a report into his treatment and discharge from Whakatāne Hospital.

His sister has given 1News exclusive access to documents revealing mistakes made when Butler left the hospital where he had been admitted under the Mental Health Act only 15 days before he went missing.

"We're very angry, frustrated. It's been two years since my brother went missing, we still don't have the answers that we're looking for, and don't really know what happened," Huia Mackley said.

To mark the anniversary, Butler's family visited the container where the troubled 50-year old had been living. He had led a transient lifestyle, occasionally sleeping rough since returning from Australia.

A brain injury from a quad-bike accident set him back further, negatively affecting his behaviour and leading Mackley to place his container close to extended whānau in Omaio so they could keep an eye on him.

Mackley sent him money and kept in touch through regular phone calls, visiting him whenever possible from Australia.

One of his daughters — Maata — who is based in Rotorua, also kept in regular contact, sending him photos of his grandchild.

Each visit buoyed Butler but Covid travel restrictions took a toll, unable to see his sister and parents Rangi and Tui, who are also based in Australia, for almost two years before going missing.

In September 2021 Butler began displaying increasingly erratic and concerning behaviour.

In early October, whānau took him to the nearest crisis mental health team. He was admitted to Whakatāne Hospital under the Mental Health Act on October 8, with doctors suspecting a month-long psychotic episode. With treatment and medication he seemingly improved, according to a Serious Incident Review by Te Whatu Ora.

Five days later he was reassessed and it was deemed he no longer fit the criteria to be held under the Mental Health Act, so he was to be discharged the following day.

But, according to the review, later that same night he began punching walls and wanted to self-discharge, which was allowed to happen at 11.30pm.

The review by Te Whatu Ora has shocked Butler's whānau. They said it contained contradictions and what they see as confirmation Butler was let down by the system.

It found he was allowed to discharge himself at 11.30pm against medical advice and without close family being informed, he was twice denied personal belongings including his bank cards, and he was not given any medication, prescription or a treatment plan.

"He would have felt not only agitated but confused knowing that he did arrive at the hospital with his belongings. He was told categorically that they didn't have them, so my brother would have been (feeling) such a whirlwind of emotions... he's got no money, couldn't charge his phone."

After being discharged Butler should have been visited by a mental health worker seven days later for a follow-up appointment. This never happened.

Within days of the appointment that didn't happen Butler went into the rugged Raukūmara Range.

He was on work experience with a Department of Conservation (DOC) contractor which hadn't been sanctioned by the contractor's employer.

Ngā Whenua Rāhui, which sits underneath DOC and runs pest control on Māori land, employed the contractor.

The contractor seemingly left Butler at a riverbed filling his drink bottle so he could go ahead with his pest control work. The contractor emerged alone from the bush the following day.

It was another three days before Butler's disappearance was reported to authorities and a search and rescue operation launched. Nothing more than a few personal items were found.

Ngā Whenua Rāhui has already apologised to Butler's family, and has reviewed its oversight of contractors.

The Te Whatu Ora Serious Incident Review was tasked with examining the treatment and care provided to Butler.

It said that upon discharge he showed no "suicidal... intent or plan". But it also said his disappearance was a "suspected suicide".

"When I read that — I know my brother and I know in all the time, years I spent with him, suicide was never mentioned," Mackley said.

"I spoke to Jason's daughter just in case I'd missed something, and I asked her 'did you ever hear your father talk about wanting to end his life' and she said 'never'.

"It’s just so damaging to Jason, his mana, his whānau."

Butler's whānau won't accept the findings of the review.

"They did a third, and in their words, final report and it is still absolutely disgraceful so we will be rejecting that report."

Mackley is also angry it appeared to take more than a year after her brother disappeared for the review to even begin.

A spokesperson for Te Whatu Ora Hauora a Toi, Bay of Plenty said: "We appreciate that this has been, and continues to be, a very distressing time for Mr Butler's whānau and our thoughts are with them."

They couldn't provide specific details about their care of Butler due to privacy and other processes underway — including an investigation by the coroner, but said "patients are within their rights to leave the hospital when they choose unless they are being assessed or treated under the Mental Health Act".

Mackley rejected the final version of the Serious Incident Review and said it wouldn't be completed until whānau has endorsed it.

Te Whatu Ora said it "remains open to working with the whānau throughout this stage of the review".

Mackley said she just wants some accountability.

"I want the hospital to acknowledge that they did not take care of my brother.

"If Whakatāne Hospital had of done their job properly, when he was discharged, then Jason could still be here today."

Police requests this year for Butler's phone and personal belongings have baffled the family. These items were cleared out of his container home after going mouldy.

Detective Sergeant Ash Clements, of Eastern Bay of Plenty Criminal Investigation Branch, said "the disappearance of Jason Butler is an ongoing investigation which is being treated very seriously" and is being led by one of its most experienced detectives who is keeping in touch with the family.

"The investigation has continued to make progress over the last year and Police continue to remain dedicated to locating Jason, and determining exactly what occurred."

But, two years on, Butler's whānau said they know little more than they did back in October 2021.

The ongoing heartbreak and lack of answers have devastated Butler's parents Rangi and Tui.

They had always intended to be laid to rest at home in Omaio in order to be close to him, but now, they have told Mackley of their desire to be buried in Australia.

She expects this could be their last trip to New Zealand but remains determined: "I'm definitely not giving up. My brother is worth every minute of my time."