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B v Crown Health Financing Agency - [2010] 1 NZLR 338

$30.00

Supreme Court of New Zealand Wellington
SC72/2008; [2009] NZSC 97
2 April; 17 September 2009
Elias CJ, Blanchard, Tipping, McGrath and Wilson JJ
Mental health — Statutory immunities — Provisions conferring immunity against liability for certain acts “in pursuance or intended pursuance of any of the provisions of” Act — Associated limitation and leave provisions — Whether such provisions applied in respect of informal patients as well as committed patients — Whether such provisions applied to claims alleging vicarious liability — Mental Health Act 1969, ss 7, 14 and 124.
Constitutional law — New Zealand Bill of Rights Act 1990 — Limitations on taking proceedings by patients under Mental Health Acts — Whether necessary in free and democratic society — Mental Health Act 1969, s 124.

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