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Legal options considered to save Catholic rest home

Legal options

Families are considering legal options to keep a Catholic rest home and hospital open.

Mercy Parklands in Auckland announced the facility’s closure last month. It is owned by the Sisters of Mercy.

In a 1News interview, the trust said the decision to close came because of a shortage of nurses; too few nurses meant the facility could not run at full capacity.

As reported in CathNews, Mercy Parklands is losing $100,000 a month.

The Trust gave families three months to relocate their loved ones.

Now, one family is looking at legal options to extend that period.

Calling for a nine-month relocation extension, the family wrote to Mercy Parklands, pointing to its constitution.

This says “the activities of the company are to be carried out exclusively for charitable purposes, not for profit.”

In their second letter, the family says it may resort to legal action. This could include “applying to the High Court for an interim injunction restraining the unconscionable closure on such short notice”.

Another family says it has had medical advice saying it would be a risk to move their father because of his fragile health.

Trying to find a new home for her 93-year-old mother has been horrendous, says another. This is particularly hard with Christmas and New Year not far away. “They’re all full.”

Mercy Parklands staff are struggling to understand the decision to close.

“Because we are a not-for-profit organisation, and we work with Mercy values, everything we do is around our values and mission, which is mercy in our heads, our hearts and our hands,” says one.

“If anything could be done, it would be a miracle.”

Board chair Arthur Morris says he has replied to concerned families, “giving them reassurance that we will continue to care for residents who have not been relocated by the end of the notice period.

“We understand family concerns about the well-being and future care of all residents,” he said in a statement.

“No resident will have to move until alternative accommodation has been arranged.”

So far, spaces have been found for half the 97 residents.

1News also approached “the Catholic Church” (Auckland Catholic Diocese) – to ask whether it could step in with financial assistance.

A diocesan spokesperson clarified the facility is owned by the Sisters of Mercy and the matter was for them to comment on.

1News approached the Sisters of Mercy to ask that same question.

In a statement, congregation leader Sister Sue France explained the Sisters of Mercy have provided support to Mercy Parklands for many years.

“We have worked closely with the board… as they have considered its future and looked at every possible solution. The decision to close was a very difficult one and distressing for everyone involved.”

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