Date: Tue, 18 Jul 2006 14:00:39 -0500

From: Geoff McLay

Subject: Stop press : no liability for not stopping patricide

List members may be interested in the decision yesterday of the NZ High Court to strike out a claim by a mentally ill man that the relevant health authorities had failed to prevent him murdering his father.

While the judgment won't come as a surprise, the fact that it is 62 pages might. The judgment is perhaps a example of the New Zealand approach to negligence being a little "open textured".

Perhaps the real story is the fact that it took 62 pages. There is some questionable reliance on the public-private distinctions and on the fact that the patient can not make a complaint to the Health and Disability Commissioner.

The case can be found here.

Geoff

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