24 May 2023
JM v TE WHATU ORA (HEALTH NEW ZEALAND) [2023] NZHC 1237
- Citation
- [2023] NZHC 1237
- Court
- High Court
Court accepted evidence that Dr Dean had been assigned and undertook the responsible clinician role despite the absence of a completed internal transfer form and that Ms Firth was sufficiently involved through oversight and review of clinical reports; the omission of the transfer form was an administrative error of form not substance and did not render the s 30 order unlawful; further, the issues were not appropriately resolved by habeas corpus because they required nuanced factual assessment of fitness for compulsory care, so the habeas corpus application was refused.