Innes v Wong - [1996] 3 NZLR 238

Accident compensation — Cover — Plaintiffs as administrators of estate claiming compensation and damages against director of area mental health services, the Crown, and Regional Health Authority — Applications to strike out causes of action — Whether director of area mental health services personally liable — Whether claims barred by accident compensation legislation — Accident Rehabilitation and Compensation Insurance Act 1992, s 14 — Mental Health (Compulsory Assessment and Treatment) Act 1992, ss 8, 9, 10, 38 and 41.

Tort — Cause of action — Wrongful arrest and false imprisonment — Public law damages — Plaintiffs as administrators of estate claiming compensation and damages against director of area mental health services, the Crown, and Regional Health Authority — Applications to strike out causes of action — Whether arguable that plaintiffs entitled to claim public law damages under New Zealand Bill of Rights Act 1990 — New Zealand Bill of Rights Act 1990, s 23.

Mental health — Practice — Plaintiffs as administrators of estate claiming compensation and damages against director of area mental health services, the Crown and Regional Health Authority — Applications to strike out causes of action — Whether unlawful imprisonment and/or restraint by police — Whether police acting lawfully under Mental Health (Compulsory Assessment and Treatment) Act 1992 — Mental Health (Compulsory Assessment and Treatment) Act 1992, ss 8, 9, 10, 38 and 41.