AW v Minister of Health - [2024] 3 NZLR 622

Criminal law — Insanity — Discharge of special patient — Ministerial decision not to release despite Mental Health Review Tribunal decision — Legislative history — Minister’s final decision-making role is related to the determination of the charge — Arbitrary — Standards for non-arbitrary detention — Criminal Procedure (Mentally Impaired Persons) Act 2003 s 33.

Statutory interpretation — Consistency with New Zealand Bill of Rights Act 1990 — Minister’s final decision-making role as to release of special patient — Cannot interpret to require Minister to discharge if certificate given — Rights consistent interpretation not available — New Zealand Bill of Rights Act 1990 ss 4 and 6.