Section 29(4): inserted, on 1 April 2000, by section 22(3) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). Section 114(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81). 28 • Voluntary Patients 29 • Informal Patients 31 3. under section 10(1)(b)(ii), in which case the person becomes a patient. Section 96(2): amended, on 1 April 2000, by section 50(2) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). that in his or her opinion the patient is not fit to be released from compulsory status. In section 41(3)(b), (4)(a), and (4)(b)(ii), “medical examination” is modified to “examination”. Section 116: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81). On any such visit, the district inspector or the official visitor may, if the Director so permits or requires, be accompanied by a health practitioner named by the Director. Fees payable under subsection (2) are met from any appropriation by Parliament for the purpose. The maker of a delegation is not prevented from exercising, or affected in his or her exercise of, any of the delegated powers, duties, or functions. Every delegation under subsection (4) shall have effect according to its tenor. If, on making any inpatient order under Part 2, a Judge considers—, that the patient presents special difficulties because of the danger he or she poses to others; and, that, for that reason, it may be appropriate that an order be made under section 55 declaring the patient to be a restricted patient,—. publish a notice in the Gazette notifying each appointment and any area for which the appointee is responsible. who has been assessed by a specialist assessor within the meaning of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 as having an intellectual disability within the meaning of that Act. Subject to section 34, every compulsory treatment order shall continue in force for a period of 6 months commencing with the day on which it is made, and shall then expire. The court may call the person making the report as a witness, either on its own initiative or on the application of any party to the proceedings. Section 127(4): amended, on 1 April 2000, by section 70(1)(b) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). Proceedings for an offence against this Act must be commenced by—, the Director or some other person authorised in writing by the Director in a particular case; or. Section 112: repealed, on 1 April 2000, by section 62 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). Section 8B(3): amended, on 31 January 2018, by section 7(2) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 (2016 No 79). Section 115(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81). Every person in charge of a hospital, responsible clinician, duly authorised officer, constable, or other person acting in reliance on any notice purportedly given under section 9 or section 11 or section 13, or any order purporting to be a compulsory treatment order, that is bad in law on account of some defect in substance or in form, apparent on the face of it, shall be protected from criminal responsibility to the same extent and subject to the same provisions as if the notice or order were good in law, if, in good faith and without culpable ignorance or negligence, he or she believed that the notice or order was good in law; and ignorance of the law shall in this case be an excuse. If, at any time during the currency of a compulsory treatment order, the responsible clinician considers that the patient is fit to be released from compulsory status, that clinician shall direct that the patient be released from that status forthwith. Section 116: replaced, on 1 April 2000, by section 66 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). Where, on checking any letter or other postal article under subsection (1), it is considered that the receipt of the letter or other postal article by the patient could be detrimental to the interests of the patient and to his or her treatment, the responsible clinician may, with the approval of the Director of Area Mental Health Services, direct that it be withheld from the patient. Section 99C: inserted, on 5 December 2006, by section 12 of the Crimes of Torture Amendment Act 2006 (2006 No 68). Section 76(7)(b)(iv): amended, on 31 January 2018, by section 14 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 (2016 No 79). The Minister may from time to time, with the concurrence of the Minister of Finance, fix the remuneration of district inspectors, deputy district inspectors, and official visitors, either generally or in any particular case, and may, with the like concurrence, vary the amount or nature of such remuneration. Section 7A heading: amended, on 31 January 2018, by section 6(1) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 (2016 No 79). A document sent under subsection (3)(c) is deemed, in the absence of proof to the contrary, to have been delivered on the day after the day on which it was sent, and it is sufficient proof of sending that a correct machine-generated acknowledgement of receipt exists. Since the changes brought about in 2000 under Bill 68 (often referred to as Brian's Law, named after Brian Smith who was shot dead in 1995 by a person suffering from paranoid schizophrenia), the Act allows for a community treatment order by the attending physician. Section 109(3A): inserted, on 1 April 2000, by section 59(1) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). Section 16(1A): inserted, on 1 April 2000, by section 16(1) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). A full report of every such inquiry shall be sent as soon as practicable by the district inspector to the Director. In section 42(2)(c), “medical certificate” is modified to “assessment certificate”. Every such person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $1,000, if he or she—, intentionally permits any such patient not to attend, or to attempt not to attend, at the place; or. 24024 GOVERNMENT GAZETTE, 6 NOVEMBER 2002 Act No. Section 8B: inserted, on 1 April 2000, by section 8 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). A constable called to the assistance of a medical practitioner under section 110(4), section 110A(5), or section 110B(4)—, may enter the premises where the person or proposed patient is; and, A constable who enters premises under subsection (1) may, at the request of the medical practitioner,—, detain the person or proposed patient where he or she is; or. Section 78(4)(a): repealed, on 1 April 2000, by section 42 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). A person appointed under this section as a district inspector or an official visitor holds office for a term of 3 years. Section 23(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81). Section 77(3): amended, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115). A Review Tribunal may determine that a participant be permitted to appear at a hearing by remote technology if the Tribunal considers that it is not practicable for the participant to be physically present. thereafter at intervals of not longer than 6 months. Section 79(2)(b): repealed, on 1 April 2000, by section 43(a) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). Schedule 1 clause 6(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81). site, Some amendments have not yet been incorporated, Meaning of mental health practitioner during COVID-19 response, Modification to section 2A during COVID-19 response, General rules relating to liability to assessment or treatment, Powers to be exercised with proper respect for cultural identity and personal beliefs, Use of audiovisual links permitted during COVID-19 response, Obligation to assign patient to responsible clinician, Modification to section 7A during COVID-19 response, Certificate to accompany application for assessment, Modification to section 8B during COVID-19 response, Assessment examination to be arranged and conducted, Modifications to section 9 during COVID-19 response, Modification to section 10 during COVID-19 response, Further assessment and treatment for 5 days, Modification to section 11 during COVID-19 response, Further assessment and treatment for 14 days, Documents relating to application for compulsory treatment order, Status of patient pending determination of application, Applications to be heard and determined wherever practicable by Family Court Judge, Judge to examine patient where compulsory treatment order sought, Right of patient and other persons to be heard and call evidence, Court may dispense with hearing in certain circumstances, Compulsory treatment order to expire after 6 months, Compulsory treatment order to cease to have effect in certain cases, Assistance when person may need assessment, Modifications to section 38 during COVID-19 response, Assistance in respect of outpatients and inpatients on leave, Assistance in taking or returning proposed patient or patient to place of assessment or treatment, Modification to section 41 during COVID-19 response, Notice of admission, discharge, and transfer of special patients and restricted patients, Modification to section 42 during COVID-19 response, Application for assessment may be made in respect of persons detained in, Modification to section 45 during COVID-19 response, Detained persons in need of care and treatment, Removal of certain intellectually disabled patients to facilities, Relationship between detention in hospital and sentence, Power to direct temporary return to hospital of special patients, Special patients not to leave hospital or depart from New Zealand without permission, Patients presenting special difficulties may be drawn to Director’s attention, Court may make order declaring patient to be restricted patient, Effect of application and order in respect of leave, No compulsory treatment except as provided in this Part or in section 110A, Treatment while subject to compulsory treatment order, Special provision relating to electro-convulsive treatment, Special provision relating to brain surgery, Further rights in case of visual or audio recording, Right to receive visitors and make telephone calls, Right to receive letters and postal articles, Right to send letters and postal articles, Clinical reviews of persons subject to compulsory treatment orders, Clinical reviews of certain special patients, Tribunal reviews of persons subject to compulsory treatment orders, Tribunal reviews of certain special patients, Appeal against Review Tribunal’s decision in certain cases, Special provisions relating to children and young persons, Review of patient about to attain age of 17 years, Director and Deputy Director of Mental Health, Delegation by Directors of Area Mental Health Services, Provisions applying to delegations under section 92A, District inspectors and official visitors, Powers of district inspectors and official visitors, Visitations by district inspectors and official visitors, Modification to section 96 during COVID-19 response, Visitations by remote technology permitted while epidemic notice in force for COVID-19, No proceedings against district inspectors or official visitors unless bad faith shown, Delegation by persons in charge of hospitals, Further provisions relating to Review Tribunals, No proceedings against members of Review Tribunals unless bad faith shown, Police powers in relation to person appearing to be mentally disordered in public place, Modification to section 109 during COVID-19 response, Powers of medical practitioner when urgent examination required, Modifications to section 110 during COVID-19 response, Power of medical practitioner who issues certificate to sedate when sedation urgently required, Powers of medical practitioner when urgent assessment required, Modifications to section 110B during COVID-19 response, Powers of Police when urgent assistance required, Modifications to section 110C during COVID-19 response, Powers of nurse where urgent assessment required, Modification to section 111 during COVID-19 response, Judge may authorise apprehension of patients and proposed patients, Authority of person in charge of hospital or service to admit and detain, Neglect or ill-treatment of proposed patients and patients, Assisting patient on community treatment order not to attend for treatment, Assisting patient on inpatient order to be absent without leave, Unlawful publication of reports of proceedings before Review Tribunal, Further offences involving false or misleading documents, etc, Certain sections of Crimes Act 1961 apply to powers to take and retake, Modification to section 127 during COVID-19 response, Director-General may promulgate standards, Modification to section 134 during COVID-19 response, Temporary COVID-19 response provisions repealed, Persons detained under section 19 of Mental Health Act 1969, Proceedings for reception order commenced but not completed, Persons detained as committed patients pursuant to Criminal Justice Act 1985, Procedural provisions relating to Review Tribunals, Amendments to Armed Forces Discipline Act 1971, section 41(3)(b), (4)(a), and (4)(b)(ii), Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003, Epidemic Preparedness (COVID-19) Notice 2020, section 109(1)(b), (2), (3), (3A), and (4)(b), http://www.pco.parliament.govt.nz/editorial-conventions/. the Review Tribunal shall record its findings in a certificate of Tribunal review in the prescribed form, stating whether, in its opinion,—, the patient is no longer unfit to stand trial; or, the patient is still unfit to stand trial but it is no longer necessary that the patient should be subject to the order of detention as a special patient; or. The enactments specified in Schedule 3 are hereby amended in the manner indicated in that schedule. The Minister may, at any time during any period of leave granted under this section to any patient, cancel that leave; and in any such case the Director shall, in writing under his or her hand, direct that the patient be admitted or re-admitted to a specified hospital. Section 110C(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72). Schedule 1 clause 8(2)(b): replaced, on 1 April 2000, by section 75(3) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). 0000001739 00000 n The maker of a delegation must make it in writing and sign it. The power to grant leave under this section shall not be exercised in respect of any person who—, was, immediately before his or her admission to the hospital, detained in a prison while awaiting or during the course of a trial or hearing before any court or while awaiting sentence by any court or pending the determination of any appeal to any court against conviction; or. Section 41(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72). Section 79(9A): inserted, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115). apply to the Review Tribunal for a review of the patient’s condition. Section 2(1) first period: inserted, on 1 April 2000, by section 2(1) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). The superintendent of an institution, or any other officer of the institution authorised by the superintendent, may make an application under section 8A in respect of a person detained in the institution if the superintendent has reasonable grounds to believe that the person may be mentally disordered. A Review Tribunal may, if it is satisfied that it is necessary for the proper review of a patient’s condition, request any person whom it considers qualified to do so to prepare a medical, psychiatric, psychological, or other report on the patient. An assessment examination must be conducted by a health practitioner who is—, a psychiatrist approved by the Director of Area Mental Health Services for the purposes of the assessment examination, or of assessment examinations generally; or. If, at any time during the currency of the inpatient order, the responsible clinician considers that the patient can continue to be treated adequately as an outpatient, that clinician shall, by notice in writing,—, direct that the patient be discharged from the hospital; and, direct the patient to attend at the patient’s place of residence, or at some other place nominated in the notice, for the purposes of treatment;—. Coming into force. If it appears to the Minister that it would be for the benefit of any patient who is subject to a compulsory treatment order that he or she be removed to any place outside New Zealand, whether by reason of the fact that the patient has a relative or friend in that place who is willing to undertake the care and charge of the patient or for any other reason, the Minister may by warrant authorise and direct the removal of the patient accordingly, and make such order as the Minister thinks fit concerning the patient’s custody pending his or her removal. Section 10(3): amended, on 31 January 2018, by section 9(3) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 (2016 No 79). that in his or her opinion the patient is not fit to be released from compulsory status and should continue to be declared to be a restricted patient. The full name of the form is available on the top of the form itself. Section 80(4): amended, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115). Section 48(3)(ba): inserted, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115). If the application is not finally determined before the expiry of the period of 14 days referred to in subsection (1), or within the last extension of that period ordered under subsection (2), the application shall be dismissed, and the patient shall be released from compulsory status (but without prejudice to the making of a further application under section 8A in respect of the patient at some time in the future). In section 9(1), “the Director of Area Mental Health Services must make” is modified to “the Director of Area Mental Health Services or duly authorised officer must make”. In subsections (6) and (7), warrant means a warrant in the prescribed form to enter premises under section 41(2). Section 29(2): amended, on 1 April 2000, by section 22(2) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). Section 43: replaced, on 1 April 2000, by section 31 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). Section 9(1): replaced, on 31 January 2018, by section 8(1) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 (2016 No 79). Any special patient who escapes, or who breaches any condition of leave, or who fails to return on the expiry or cancellation of any period of leave may be retaken at any time by the Director, or by the Director of Area Mental Health Services, or by a duly authorised officer, or by any constable, or by any person to whom the charge of the patient had been entrusted during the period of leave, and taken to the hospital from which the patient escaped or was on leave or to any other hospital specified by the Director. Section 9(4): replaced, on 31 January 2018, by section 8(2) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 (2016 No 79). Section 76(6): replaced, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115). Section 76(7)(a): repealed, on 1 April 2000, by section 40(2) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). take the person or proposed patient to a place nominated by the medical practitioner and detain the person or proposed patient at the place. decide, having regard to any view expressed by the patient, whether or not the district inspector should appear before the court to be heard on the application for a compulsory treatment order. On becoming aware of a proposed patient or patient to whom this section applies, a duly authorised officer may take all reasonable steps to—. the patient is excused or excluded by the Tribunal under subclause (2) or subclause (3). The powers conferred on the Minister by the foregoing provisions of this section may, with the concurrence of the Minister of the Crown who is responsible for the Department of Corrections in each case, be exercised in respect of any special patient. To avoid doubt, an examination may not be carried out under this section by audio link. If the Review Tribunal considers that the patient is not fit to be released from compulsory status, the convener shall send a copy of the certificate of Tribunal review to each of the following: To each of the persons specified in paragraphs (d) to (g) of subsection (10), the convener shall also send a statement of the legal consequences of the decision, and of the recipient’s right to appeal to the court against the decision. The Tribunal must take into account the following criteria when making a determination: the available remote technology must allow, wherever reasonably practicable, the person to be both heard and seen: the potential impact of the use of the technology on the effective maintenance of the rights of the person under clause 3, including the right to assess the credibility of witnesses and the reliability of evidence presented to the Tribunal: participant, in relation to a hearing, means a person who is, in that hearing, any of the following: remote technology, in relation to a participant’s appearance at a hearing, means technology that enables communication between participants, when some or all of them are not physically present at the place of the hearing. Where any patient is, under section 50, on leave of absence from a hospital, the Director of Area Mental Health Services may, if he or she is satisfied that it is necessary, in the interests of the safety of that patient or the public, direct in writing that that patient be admitted or re-admitted to a specified hospital. If the responsible clinician is of the opinion that the patient is not mentally disordered, that clinician shall direct that the patient be released from compulsory status forthwith (but without prejudice to the making of a further application under section 8A in respect of the patient at some time in the future). 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