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Re S - [1992] 1 NZLR 363

$30.00

High Court Wellington
15, 16 April; 17 July 1991
Barker J
Mental health — Practice — Detention of mentally disordered person — Enforced medication — Effect of New Zealand Bill of Rights Act — Committed patient was granted leave of absence from hospital and while on leave was given medication essential for his mental stability — Patient wished to discontinue medication but had not insight into his problems — Patient sought inquiry with view to discharge — Whether patient on leave was being "detained or kept" so as to confer jurisdiction on Court to conduct inquiry — Whether his detention was arbitrary — Whether enforced medication contravened patient's right to decline medication — Whether patient should be discharged — Mental Health Act 1969, ss 2, 66 and 74 - New Zealand Bill of Rights Act 1990, ss 4 11 and 22.

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