17 Sept 2021
M (SC 82/2020) v ATTORNEY-GENERAL (IN RESPECT OF THE MINISTRY OF HEALTH) [2021] NZSC 118
- Citation
- [2021] NZSC 118
- Court
- Supreme Court
The Supreme Court held the original detention order ceased to authorise detention once the half-sentence period expired (20 December 2008); because no section 31(2) or (3) direction had been given and the Attorney-General did not give the mandatory s 31(4) direction until 14 January 2009, the appellant was unlawfully detained during the lacuna (21 December 2008 to 14 January 2009); the Court awarded a declaration and costs.