Appeal against decision — Mental Health Review Tribunal — fitness for release from compulsory status — schizophrenia — mental disorder — hearing de novo — Mental Health (Compulsory Assessment and Treatment) Act 1992, ss 2, 5, 16 & 83 — EB v Southern District Health Board [2018] NZFC 6374 — MHRT11/040 [2012] NZFLR 1. The appellant appealed a decision of the Mental Health Review Tribunal that he was unfit to be released from compulsory care status. The appellant, who had a 25-year history of engagement with mental health services, was subject to a compulsory inpatient treatment order for an indefinite period due to a mental disorder. Pursuant to s 83 of the Mental Health (Compulsory Assessment and Treatment) Act ("the Act"), the appeal was by way of a de novo hearing, meaning the appeal could reconsider the appellant's current condition and relevant evidence. Under s 2 of the Act a mental disorder is defined as an abnormal state of mind characterised by delusions, or by disorders of mood or perception, to such a degree that it poses a serious danger or seriously diminishes the capacity of that person to take care of himself. This was a two-step test: determine whether there is a mental disorder, and then whether it poses a danger. There must be a causal link between the two limbs. Evidence from the appellant's clinicians was that he had a diagnosis of schizophrenia and was not fit to be released from compulsory status. He posed a risk to himself through multiple attempts of suicide. It was likely that the appellant would refuse to take medication and would become quite unwell were he to be released, leading to a serious risk to his health and possibly his life. The Judge accepted the evidence of the medical team and found that the appellant was unfit to be released from compulsory status. The appeal was dismissed. Judgment Date: 14 September 2020. * * * Note: names have been changed to comply with legal requirements. * * *