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.