30 Nov 2017
MITCHELL V R [2017] NZCA 592
- Citation
- [2017] NZCA 592
- Court
- Court of Appeal
The Court of Appeal lacks jurisdiction: CPMIP Act deemings are to be read with the pre-CPA appeal scheme for proceedings commenced before 1 July 2013, so CPMIP determinations made prior to committal for trial are appeals to the High Court under s115 Summary Proceedings Act; where CPMIP findings follow committal for trial the Court of Appeal may apply, but on these facts the proper appellate route is the High Court; the special care recipient disposition did not amount to an indefinite sentence or equivalent long custodial sentence to confer Court of Appeal jurisdiction.