Massage therapist's conduct 'extremely inappropriate', breached standards: HDC - Stuff.co.nz

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The massage therapist has been found in breach of multiple rights of the code in place to protect consumers.


A massage therapist has been found in breach of four health standards and told to get counselling to improve his listening skills after two women complained he touched them inappropriately during treatments.

The first client (Ms A) told the Health and Disability Commissioner the therapist massaged her upper inner thigh, the top of her buttocks and areas underneath her underwear during a 90-minute massage in June 2020 which felt “sexually motivated”.

Two months later, a client referred to as Ms B said the same therapist told her she had a “beautiful body” during a nude massage, which she felt inappropriately focussed on her buttocks and breasts.

He also helped her remove her underwear, which Deputy Commissioner Rose Wall said was “extremely inappropriate and unethical”.

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Ms B also made a complaint to police after her treatment, alleging sexual assault, but after police interviewed the therapist it was decided the complaint did not meet the threshold for criminal charges.


Wall upheld both complaints, saying he failed to fully inform the women about their treatment, meaning they could not provide informed consent, failed to maintain each woman’s privacy, comfort and dignity and did not comply with ethical standards – breaching four consumer rights.


SUPPLIED

Deputy Health and Disability Commissioner Rose Wall says the conduct was extremely inappropriate. (File photo)


Ms A told the commissioner she did not try to stop the massage because she was in a state of “freeze” and feared things would escalate, and returned to her hotel room and cried.

The therapist claimed Ms B gave verbal consent for her breasts to be massaged, but Wall said: “she was not expecting or agreeing to the nature and duration of the massage”.

He also failed to communicate adequately with either woman before their treatments, Wall said. "It is not sufficient to assume that a client has given informed consent because they do not object to specific actions at the time."

Wall said neither massage met accepted standards and the standard of draping linen over both clients was done so in a way that did not maintain their privacy, comfort and dignity.


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The massage therapist was not registered with any professional body when he saw either woman. (Stock photo)


The therapist, whose name, clinic’s name and location has not been released, was not a member of any professional association.

The massage profession is not regulated under the Health Practitioners Competence Assurance Act 2003, and there are no requirements for massage therapists to be registered with any professional association. But the massage therapist is still bound by the Code of Health and Disability Services Consumers’ Rights, Wall said.

By marketing himself as a massage therapist and providing massage services for a fee, he was required to meet professions standards set out in the Massage New Zealand Code of Ethics, which he failed to do, Wall said.

Wall referred the therapist to the Director of Proceedings, who can consider whether legal action should be taken.

The therapist has provided written apologies to both women. Wall also recommended he re-join Massage New Zealand, attend a counselling to learn effective listening skills and update his first aid certificate, within three months.


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