New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Compulsory detention

Legal area

Court

6 Aug 2021

R v SHIRKEY [2021] NZHC 2067

Citation

[2021] NZHC 2067
Court

High Court

Given the unanimous expert evidence of psychosis causing the killing, the history of multiple psychotic episodes involving dangerous driving, the high risk of similar conduct on relapse, poor engagement with treatment, comorbid disorders and substance use, the court concluded that detention as a special patient under s 24(2) of the CPMIP Act was necessary to protect the public and therefore ordered detention as a special patient.
17 Jul 2006

ELLIS V COUNTIES MANUKAU DHB HC AK CIV 2004-404-007108

Citation

openlaw-e7ba637f_630e_463e_b739_dc4c468a944d.pdf
Court

High Court

On the pleaded facts and having regard to the statutory scheme of the Mental Health Act 1992, the court refused to recognize a common law duty to detain the plaintiff against his wishes and held that ss 37 and 38 impose public duties on duly authorised officers rather than confer a private right of action for damages; accordingly both causes of action disclosed no reasonable cause of action and were struck out.