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
Result
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
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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
High Court decision — S v ATTORNEY-GENERAL [2017] NZHC 2629 [30 October 2017]
Court of Appeal decision — M (CA677/2017) v ATTORNEY-GENERAL (IN RESPECT OF THE MINISTRY OF HEALTH) [2020] NZCA 311 [27 July 2020]
Court of Appeal decision — M (CA677/2017) v ATTORNEY-GENERAL (IN RESPECT OF THE MINISTRY OF HEALTH) [2020] NZCA 394 [4 September 2020]
Leave judgment - leave granted — M (SC 82/2020) v ATTORNEY-GENERAL [2020] NZSC 145 [16 December 2020] (PDF 74 KB)
Additional document — M (SC 82/2020) v ATTORNEY-GENERAL (IN RESPECT OF THE MINISTRY OF HEALTH) [2021] NZSC 15 [3 March 2021] (PDF 190 KB)
Substantive judgment — M (SC 82/2020) v ATTORNEY-GENERAL (IN RESPECT OF THE MINISTRY OF HEALTH) [2021] NZSC 118 [17 September 2021] (PDF 440 KB)