Cartwright Inquiry

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The Cartwright Inquiry was a Committee of Inquiry held in New Zealand in 1987-88. It was commissioned by the then Minister of Health, Michael Bassett to investigate the alleged malpractice of Associate Professor Herb Green, a gynaecology and obstetrics specialist. The inquiry was headed by then District Court Judge Silvia Cartwright, later High Court Justice, Dame, and Governor-General of New Zealand.

The inquiry was set up to examine whether or not Herb Green had been experimenting on his patients without their consent. A study had been conducted between 1966 and about 1984 in which the cases of women with major cervical abnormalities were followed without definitive treatment. A substantial number developed cervical cancer and some died.

The media used the term "unfortunate experiment" extensively after Green's practices were first exposed in an article by Phillida Bunkle and Sandra Coney entitled "An Unfortunate Experiment" in Metro Magazine in June 1987.

The Inquiry ran for seven months and experts were brought from around New Zealand as well as from Australia, United States and Norway, to comment on Green's work. They testified that Green's work varied significantly from what was considered good practice and put his patients at risk. Other unethical practices exposed at the Inquiry were Green's 'baby smears' experiment in which cervical smears were taken from newborn baby girls without their parents' consent, all part of Green's theory that some women were born with abnormal cervical cells and that these were not linked to cervical cancer. Also exposed was the hospital's practice of teaching vaginal examinations and IUD insertions on unconsenting women anaesthetised for operations.

There was widespread public interest in and condemnation of both Prof Green's actions, and the ethos of the hospital itself which allowed these practices to continue. The Inquiry revealed that several doctors in the hospital had tried to stop Green's studies but the hospital and hospital board hierarchy had declined to take action.

The Inquiry confirmed the claims made by Coney and Bunkle and the ensuing report - The Report of the Cervical Cancer Inquiry (1988) - led to sweeping changes in law and pratice around health consumers' rights. The Office of Health And Disability Commissioner was established, with a Code of Health Consumers' Rights which enshrined informed consent. Teaching practice was changed at National Women's Hospital and Auckland Medical School to conform to international practice, independent health ethics committees were set up throughout New Zealand, and a national cervical screening programme was established.

Green was never brought before medical disciplinary authorities because he was deemed to be too frail to be charged. His superior and head of the hospital, Professor Denis Bonham, was charged and found guilty of disgraceful conduct. Eventually 19 women who took legal action received compensation in an out-of-court settlement.