The IHC says an autistic man who has been kept in mental health care for minor offending, has had his human rights breached

The man, known only as Jay, has been at Auckland's Mason Clinic for more than two decades, after smashing his neighbours windows with an axe.

The High Court and Court of Appeal had said he was too much of a risk to be released, the Supreme Court didn't rule to release him but said there had been process issues.

The Family Court will now make a decision on his fate, by considering multiple factors.

IHC Advocacy Director Tania Thomas, says the man needs to be at the centre of future decisions.

She says going forward, they hope he gets the support he needs.