Sestan v Director of Area Mental Health Services Waitemata District Health Board - [2007] 1 NZLR 767

Administrative law — Habeas corpus — Appeal from dismissal of application for habeas corpus — Whether sufficient grounds to support reasonable belief that compulsory patient mentally disordered — Whether patient “detained” — Point at which patient required to be informed of right to counsel — Consequences of breach of statutory requirement to have family member present when explanation of assessment procedure given to patient — Whether patient adequately informed of rights — Whether habeas corpus appropriate — New Zealand Bill of Rights Act 1990, ss 22 and 23.

Mental health — Practice — Whether sufficient grounds to support reasonable belief that patient mentally disordered — Whether patient “detained” — Point at which patient required to be informed of right to counsel — Consequences of breach of statutory requirement to have family member present when explanation of assessment procedure given to patient — Whether patient adequately informed of rights — Whether habeas corpus appropriate — New Zealand Bill of Rights Act 1990, ss 22 and 23.