J v Attorney-General

Case [2025] NZSC 103


NOTE: PURSUANT TO S 130 OF THE INTELLECTUAL DISABILITY (COMPULSORY CARE AND REHABILITATION) ACT 2003, ANY REPORT OF THIS PROCEEDING MUST COMPLY WITH SS 11B, 11C AND 11D OF THE FAMILY COURT ACT 1980. FOR FURTHER INFORMATION, PLEASE SEE

NOTE: NO PUBLICATION OF THE YOUTH COURT PROCEEDINGS REFERRED TO IN THIS JUDGMENT IS PERMITTED UNDER S 438 OF THE ORANGA TAMARIKI ACT 1989, EXCEPT WITH THE LEAVE OF THE COURT THAT HEARD THE PROCEEDINGS, AND WITH THE EXCEPTION OF PUBLICATIONS OF A BONA FIDE PROFESSIONAL OR TECHNICAL NATURE THAT DO NOT INCLUDE THE NAME(S) OR IDENTIFYING PARTICULARS OF ANY CHILD OR YOUNG PERSON, OR THE PARENTS OR GUARDIANS OR ANY PERSON HAVING THE CARE OF THE CHILD OR YOUNG PERSON, OR THE SCHOOL THAT THE CHILD OR YOUNG PERSON WAS OR IS ATTENDING. SEE

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI O AOTEAROA

 SC 10/2024
 [2025] NZSC 103
BETWEEN

J, COMPULSORY CARE RECIPIENT, BY HIS WELFARE GUARDIAN, T
Appellant

AND

ATTORNEY-GENERAL
First Respondent

DISTRICT COURT AT MANUKAU
Second Respondent

FAMILY COURT AT MANUKAU
Third Respondent

CARE CO-ORDINATOR
Fourth Respondent

CARE MANAGER
Fifth Respondent

SC 11/2024

BETWEEN

J, COMPULSORY CARE RECIPIENT, BY HIS WELFARE GUARDIAN, T
Appellant

AND

CARE CO‑ORDINATOR
Respondent

Hearing:

20–21 August 2024

Court:

Winkelmann CJ, Ellen France, Williams, Kós and Miller JJ

Counsel:

A J Ellis and G K Edgeler for Appellant
K Laurenson, M J McKillop and R E R Gavey for First and Fourth Respondents in SC 10/2024 and Respondent in SC 11/2024
No appearance for Second, Third and Fifth Respondents in SC 10/2024
A S Butler KC and D Qiu for IHC New Zealand Incorporated as Intervener
D T Haradasa and B J Peck for Te Kāhui Tika Tangata | Human Rights Commission as Intervener

Judgment:

15 August 2025

JUDGMENT OF THE COURT

AThe appeal is allowed in part.  The approach of the Court of Appeal to s 85 of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 was incorrect.  The Family Court, in considering this matter in the context of a review under Part 6 of the Act, is to address J’s condition and status in accordance with our approach to s 85.

BThe further evidence described below at [156] is admitted. 

CThe application for recall of this Court’s leave judgment of 18 April 2024 (J, Compulsory Care Recipient, by his Welfare Guardian, T v Attorney‑General [2024] NZSC 34) is allowed only to clarify the matters which are properly before the Court.

DThe judgment of this Court of 18 April 2024 (J, Compulsory Care Recipient, by his Welfare Guardian, Tv Attorney‑General [2024] NZSC 34) is reissued accordingly.

E        Costs are reserved.

____________________________________________________________________


REASONS

Para No
Summary of Reasons [1]
Ellen France and Miller JJ [18]
Winkelmann CJ [165]
Williams J [241][243]
Kós J [349]

SUMMARY OF REASONS

(Given by the Court)

  1. This summary of the Court’s reasons on the principal issues must be read alongside the full reasons.

Background

  1. The appellant, J, is a…

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AGLC
J v Attorney-General [2025] NZSC 103
Case
[2025] NZSC 103
Decision Date

CaseChat Overview and Summary

The Supreme Court of New Zealand heard an appeal from J, a care recipient detained under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003, who challenged the validity of his compulsory care orders. J, supported by his welfare guardian, argued that his detention was arbitrary and constituted unlawful discrimination based on his intellectual disability. The Supreme Court allowed J's appeal in part, finding that the Court of Appeal's approach to the extension of J's compulsory care order under s 85 of the Act was incorrect. The Court held that the Family Court, in considering the matter in the context of a review under Part 6 of the Act, is to assess J's condition and status in accordance with the approach to s 85 set out in the reasons of Ellen France and Miller JJ, which Winkelmann CJ agreed with. The Court held that the approach taken by the Court of Appeal in RIDCA v VM was largely incorrect and should be revisited. The Court outlined a new approach to s 85, which requires the Family Court to undertake an inquiry to determine whether the impact of continued detention on the care recipient's liberty interests remains proportionate to the legitimate aims of the detention under the Act. The Court held that the correct approach to s 85 involves considering factors such as the nature of the initial offending, the care recipient's rehabilitative prospects, the present risk posed by the care recipient, and the length of time the care recipient has been under care. The Court held that the approach in RIDCA v VM was not consistent with the protection from arbitrary detention in s 22 of the New Zealand Bill of Rights Act 1990 or the protection from discrimination in s 19 of the Act. The Court found that the Family Court must consider whether ongoing detention is proportionate to its legitimate aims, being protection of the health, safety and rights of the care recipient, and the interests of the community. The Court held that the Family Court must also consider the impact of the initial or index offending, the care recipient's rehabilitative prospects, and the approach to risk assessment. The Court held that the Family Court must ensure that any conflict between the care recipient's rights and the legitimate aims of detention is resolved in a manner that maintains proportionality. The Court held that the relief sought by J, his immediate release into the community, was highly problematic and irresponsible. The Court held that the Family Court's decision to extend J's compulsory care order was the only demonstrated, lawful, and available means of appropriately balancing the matters set out in s 11 of the Act, in accordance with s 85. The Court held that the extension of J's compulsory care order was not arbitrary in terms of s 22 of the New Zealand Bill of Rights Act 1990 or disproportionately severe in terms of s 9 of the Act. The Court held that the state had established justification for the limits imposed on J's liberty, as continued care under the present order was the only realistic response to J's unusual presentation of risks. The Court held that the extension of J's compulsory care order was the only demonstrated, lawful, and available means of appropriately balancing the matters set out in s 11 of the Act, in accordance with s 85. The Court held that the appeal should be dismissed on the basis that the extension of J's compulsory care order was the only demonstrated, lawful, and available means of appropriately balancing the matters set out in s 11 of the Act, in accordance with s 85.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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