New Zealand Case Law: Decisions & Judgments

Topic

Compulsory treatment

Legal area

Court

10 Nov 2022

R v LANDKROON [2022] NZHC 2953

Citation

[2022] NZHC 2953
Court

High Court

On the evidence of two psychiatrists that the defendant remains psychotic, has a longstanding serious mental disorder compounded by substance misuse and personality disorder, and presents a high ongoing risk to others, the court was satisfied that detention in a hospital as a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992 is necessary in the interests of public safety and ordered detention under s 24(2)(a).
23 Sept 2022

BANGERA v R [2022] NZCA 451

Citation

[2022] NZCA 451
Court

Court of Appeal

Publication of the appellant's name would likely cause hardship by hindering rehabilitation and risking relapse, but the evidence did not meet the very high statutory threshold of 'extreme hardship' under s200(2); accordingly, on balance the principle of open justice prevails and permanent name suppression is refused.
26 Aug 2022

GORDON v ATTORNEY-GENERAL [2022] NZHC 2143

Citation

[2022] NZHC 2143
Court

High Court

The Court refused to grant an advance protective costs order because the applicants did not establish the extreme circumstances required: although the litigation raises public interest issues and counsel act pro bono, the ongoing public policy reform process reduced the utility of pre-hearing protection and it was not clear the applicants could not proceed without the order; therefore costs should be decided at or after the substantive hearing, with sensitivity to access to justice concerns.
26 Oct 2021

CARTER v HUTT VALLEY DISTRICT HEALTH BOARD [2021] NZHC 2857

Citation

[2021] NZHC 2857
Court

High Court

Leave to file a seventh amended statement of claim was refused because the proposed amendment would add nothing of consequence and would prejudice and delay resolution; the High Court has no jurisdiction to transfer proceedings to the Supreme Court and transfer to the Court of Appeal requires exceptional circumstances, so the transfer application was refused; recusal allegations were unsubstantiated and would not lead a fair‑minded observer to apprehend lack of impartiality; there was no evidence of police investigation so adjournment pending criminal inquiries was unjustified. The interlocut…
1 Dec 2017

R v FRANK NO 2 [2017] NZHC 2965

Citation

[2017] NZHC 2965
Court

High Court

Given the extreme and unexpected violence of the offence, the defendant's serious mental disorder, the early stage of his forensic treatment, continued vulnerability to decompensation and suicidality, and the clear psychiatric recommendation, detention under s 24(2)(a) as a special patient in a hospital is necessary to protect the public and to provide the intensive, secure, long-term treatment required; therefore the court ordered detention under s 24(2)(a).
27 Oct 2017

R v SHANE BARNES [2017] NZHC 2673

Citation

[2017] NZHC 2673
Court

High Court

Preventive detention was not imposed because the judge was satisfied a lengthy determinate sentence coupled with post‑release measures (compulsory treatment orders under mental health legislation and the possibility of an extended supervision order or public protection order) could adequately protect the community; applying established starting points, aggravating factors and guilty plea discounts produced a determinate sentence of six years for the wounding offence with a minimum period of four years, with other sentences concurrent.
20 Dec 2010

B V AUCKLAND DISTRICT HEALTH BOARD CA849/2010

Citation

openlaw-1f7a8d23_e6af_4d88_851f_fd671a2a99a6.pdf
Court

Court of Appeal

The appeal is dismissed because at the date of the hearing the appellant was lawfully detained pursuant to a valid s 14 certificate; habeas corpus was not an appropriate summary remedy given the staged nature of Part 1, intervening material and available statutory safeguards, and the Court will only grant habeas corpus in exceptional clear-cut cases where undisputed facts show no reasonable grounds for mental disorder.

New Zealand Case Law

R v LANDKROON [2022] NZHC 2953

BANGERA v R [2022] NZCA 451

GORDON v ATTORNEY-GENERAL [2022] NZHC 2143

CARTER v HUTT VALLEY DISTRICT HEALTH BOARD [2021] NZHC 2857

R v FRANK NO 2 [2017] NZHC 2965

R v SHANE BARNES [2017] NZHC 2673

B V AUCKLAND DISTRICT HEALTH BOARD CA849/2010