Litigating Historic Mental Health Claims

Anthea Williams Crown;

Abstract

This paper considers the use of procedural protections such as statutes of limitation and statutory immunities in the litigation of historic mental health claims in New Zealand. Following comparison with similar litigation in Australia and Canada, it is argued that defendants should utilise available limitation defences in historic mental
health litigation and the Courts should be more willing to engage with limitation arguments at an interlocutory
stage rather than waiting until the substantive hearing.