J, Compulsory Care Recipient, by his Welfare Guardian, T v Attorney-General, District Court at Manukau, Family Court at Manukau, Care Co-ordinator and Care Manager - SC 10/2024

A The applications for extensions of time to apply for leave to appeal are granted.
B Leave to appeal is granted (J v Attorney-General [2023] NZCA 660).
C The approved question is whether the Court of Appeal was correct to dismiss the appeals.
18 April 2024
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A The appeal is allowed in part.  The approach of the Court of Appeal to s 85 of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 was incorrect.  The Family Court, in considering this matter in the context of a review under Part 6 of the Act, is to address J’s condition and status in accordance with our approach to s 85.    

B The further evidence described below at [156] is admitted.  

C The application for recall of this Court’s leave judgment of 18 April 2024 (J, Compulsory Care Recipient, by his Welfare Guardian, T v Attorney General [2024] NZSC 34) is allowed only to clarify the matters which are properly before the Court.

D The judgment of this Court of 18 April 2024 (J, Compulsory Care Recipient, by his Welfare Guardian, Tv Attorney General [2024] NZSC 34) is reissued accordingly.

E Costs are reserved.                                                                                                                        

15 August 2025