New Zealand Case Law

11 Apr 2017

J v THE ATTORNEY-GENERAL [2017] NZHC 701

Citation

[2017] NZHC 701

Court

High Court

Clerical and drafting errors in the original and replacement CPMIP/IDCCR orders were technical irregularities that did not invalidate the orders; extensions and deferrals under the IDCCR Act were lawfully made and did not lapse; extensions may lawfully result in total detention beyond three years provided statutory criteria and safeguards are met; the applicable standard of proof for extension is the civil standard (balance of probabilities); defective deferral orders did not void later extensions because there was no prejudice and the matters were shortly thereafter heard and determined.

• Compulsory care orders
• Intellectual disability
• Extension and deferral of orders
• Validity of judicial orders
• Judicial review
• Habeas corpus