Appeal against Court of Appeal judgment dismissing challenges to compulsory care orders made and extended under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 to detain J for a period of 19 years – correct approach to the extension of compulsory care orders under s 85? – consistency with New Zealand Bill of Rights Act 1990 – relevance of community safety

J, Compulsory Care Recipient, by his Welfare Guardian, T v Attorney-General [2025] NZSC 103

J is a 41 year old autistic man who has been detained for almost half his life. In 2004, when aged 20, J carried an axe onto a neighbour’s property and used it to break windows of the garage and a van. He told the neighbour he was James Bond. Police charged J with wilful damage and being in an enclosed yard without reasonable excuse, offences under the Summary Offences Act 1981 which both carry a maximum sentence of three months’ imprisonment. The District Court found him unfit to stand trial and, in February 2006, made a secure compulsory care order under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 (the Act) for two years.