Ellis v Counties Manukau District Health Board - [2007] 1 NZLR 196

Tort — Negligence — Duty of care — Whether duty of care to detain mentally disordered person, to prevent him from causing harm to himself and others — Whether sufficient degree of proximity or special relationship — Policy factors — Whether control a key factor — Mental Health (Compulsory Assessment and Treatment) Act 1992.

Tort — Breach of statutory duty — Whether negligent performance of duty actionable — Alleged breach of duty to detain mental patient — Rights of mentally disordered persons — Duties of duly authorised officer — Mental Health (Compulsory Assessment and Treatment) Act 1992, ss 37 and 38.

Mental health — Mentally disordered persons — Powers of detention — Mental Health (Compulsory Assessment and Treatment) Act 1992.