P and B v Crown Health Financing Agency

[2008] NZSC 102

IN THE SUPREME COURT OF NEW ZEALAND

SC 72/2008
[2008] NZSC 102

BETWEENP AND B

Appellants

ANDCROWN HEALTH FINANCING AGENCY

Respondent

Court:Blanchard, Tipping and McGrath JJ

Counsel:R Chapman for P

S M Cooper for B
D B Collins QC and L M Hansen for Respondent

Judgment:1 December 2008 

JUDGMENT OF THE COURT

A        Leave to appeal is granted.

B        THE APPROVED GROUNDS ARE:

(a)Were the leave and immunity provisions in s 6 of the Mental Health Amendment Act 1935 and s 124 of the Mental Health Act 1969 applicable to patients admitted informally to psychiatric hospitals?

(b)If so, did those provisions apply to such patients so admitted after 1 April 1972 to hospitals whose control had passed to hospital boards on that date?

Solicitors:
Johnston Lawrence, Wellington for Appellants
Crown Law, Wellington