Crown Health Financing Agency v P - [2009] 2 NZLR 149

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 — Test for granting leave — Mental Health Act 1969, ss 7, 14 and 124.

Statutes — Interpretation — Repeal — Retrospectivity — Provisions conferring immunity for certain acts done under mental health legislation — Associated limitation and leave provisions — Provisions repealed subsequent to acts complained of occurring — Whether benefit of provisions survived repeal — Whether expired limitation period was “immunity” — Interpretation Act 1999, s 18.

Practice and procedure — Leave to bring proceedings — Procedure to be followed where defendant alleges leave should have been sought.