M v Attorney General (in respect of the Ministry of Health), Waitemata District Health Board and Capital and Coast District Health Board - SC 82/2020

Media releases

Summary

Civil Appeal

Result

A The application for leave to appeal is granted in part (M (CA677/2017) v Attorney-General [2020] NZCA 311).
B The approved question is:
Was the applicant detained unlawfully after 20 December 2008 because the direction of the Attorney-General under s 31(4) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 that he be detained as a care recipient under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 was not issued until 14 January 2009, and, if so, for how long?
C In all other respects the application for leave to appeal is dismissed.
16 December 2020

The application for reconsideration of the approved question on which leave was given in this Court’s judgment of 16 December 2020 (M (SC 82/2020) v Attorney-General [2020] NZSC 145) is dismissed.
23 March 2021
____________________________________________________________
A The appeal is allowed.
B A declaration is made that the appellant was detained unlawfully from 21 December 2008 until 14 January 2009.
17 September 2021

Date of Hearing

27 April 2021

Judges

Winkelmann CJ, William Young, O'Regan, Ellen France and Williams JJ

Hearing Transcripts

Related Documents