district court logo

Te Korowai-Whariki v Arnold Heywood [2016] NZFC 7935

Published 21 February 2017

Extension of care order — Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 — RIDCA Central v VM 2012 NZFLR 216 (CA). A care order was extended under the Act at the current level for a further three years. The Judge, having stressed the difficulty in making such decisions, determined the extension was necessary to avoid risk of harm both to the care recipient and the public. The Court of Appeal decision "VM" provides that when balancing the care recipient's liberty interest with the community protection interest, the length of time the care recipient has already been subject to a compulsory care order is a relevant consideration. Judgment Date: 19 September 2016. * * * Note: Names have been changed to comply with legal requirements * * *