The Health and Dssability Commissioner Phone: (04) 494 7900 Fax: (09) 373 1061 Attention: Responsible

person Thursday, February 11, 2010 RE: Formal complaint of practitioner Dear Sir / Madam, I am writing to make formal complaint of a practitioner named: Dr Himadri Seth. I was assessed by this practitioner as part of a forensic section 38 report on Dec 21, 2009. At the time of the assessment I requested a copy of his assessment. This appears to be supported by the Health Practitioners Competence Assurance Act 2003 s44 (1)(c)(ii). This request was followed up with email requests. The withholding of this report is causing unreasonable stress on myself and family. Please intervene and ask for this report to be provided to me post haste. I also have concern about the Dr Seths apparent inability to perform required functions due to mental functions as per Health Practitioners Competence Assurance Act 2003 s45 (3). I have serious concerns that this man can cause harm to the New Zealand public through possible discrimination and definite bias. I do take this allegation seriously and have sought an independent psychiatric assessment of what has transpired as per s46 (1). Please find attached this advice as per s46 (2) in the form of a confidential survey response by Dr Justin Barry-Walsh. I respectfully request that this practitioners opinion of me be put on hold until this matter is investigated and concluded. Please let me know urgently what course of action will be taken and what I I can do to assist. With regards,

Simon Kaiwai 021 213 4477 simon@kiwicando.com