New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 1 July 2009
| Public Act | 1992 No 46 |
| Date of assent | 15 June 1992 |
| Commencement | see section 1(2) |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Ministry of Health.
1 Short Title and commencement
2A Meaning of proposed patient
4 General rules relating to liability to assessment or treatment
5 Powers to be exercised with proper respect for cultural identity and personal beliefs
7 Obligation to assign patient to responsible clinician
7A Medical practitioner or responsible clinician to consult
Part 1
Compulsory assessment and treatment
8 Any person may fill out application form
8B Medical practitioner's certificate to accompany application for assessment
9 Assessment examination to be arranged and conducted
10 Certificate of preliminary assessment
11 Further assessment and treatment for 5 days
12 Certificate of further assessment
13 Further assessment and treatment for 14 days
14 Certificate of final assessment
14A Documents relating to application for compulsory treatment order
15 Status of patient pending determination of application
16 Review of patient's condition by Judge
Part 2
Compulsory treatment orders
17 Applications to be heard and determined wherever practicable by Family Court Judge
18 Judge to examine patient where compulsory treatment order sought
19 Attendance of patient and other persons
20 Right of patient and other persons to be heard and call evidence
21 Court may call for report on patient
23 Power of court to call witnesses
24 Proceedings not open to public
25 Publication of reports of proceedings
26 Court may dispense with hearing in certain circumstances
27 Court to consider patient's condition
28 Compulsory treatment orders
33 Compulsory treatment order to expire after 6 months
35 Release from compulsory status
36 Compulsory treatment order to cease to have effect in certain cases
37 Advice and assistance of general nature
38 Assistance when person may need assessment
39 Assistance in respect of outpatients and inpatients on leave
40 Assistance in taking or returning proposed patient or patient to place of assessment or treatment
Part 4
Special patients and restricted patients
Notice of admission, discharge, and transfer of special patients and restricted patients
43 Notice of events concerning patient
44 Treatment of special patients generally
45 Application for assessment may be made in respect of persons detained in prisons
46 Detained persons in need of care and treatment
47 Removal of certain special patients to prisons
47A Removal of certain intellectually disabled patients to facilities
48 Relationship between detention in hospital and sentence
49 Transfer of special patients
51 Power to direct temporary return to hospital of special patients
52 Director may grant short-term leave
53 Escape and absence without leave
54 Patients presenting special difficulties may be drawn to Director's attention
55 Court may make order declaring patient to be restricted patient
56 Effect of application and order in respect of leave
57 No compulsory treatment except as provided in this Part or in section 110A
58 Treatment while undergoing assessment
59 Treatment while subject to compulsory treatment order
60 Special provision relating to electro-convulsive treatment
61 Special provision relating to brain surgery
63A Rights of proposed patients
64 General rights to information
65 Respect for cultural identity, etc
67 Right to be informed about treatment
68 Further rights in case of visual or audio recording
69 Right to independent psychiatric advice
71 Right to company, and seclusion
72 Right to receive visitors and make telephone calls
73 Right to receive letters and postal articles
74 Right to send letters and postal articles
75 Complaint of breach of rights
Part 7
Reviews and judicial inquiries
76 Clinical reviews of persons subject to compulsory treatment orders
77 Clinical reviews of certain special patients
78 Clinical reviews of restricted patients
79 Tribunal reviews of persons subject to compulsory treatment orders
80 Tribunal reviews of certain special patients
81 Tribunal reviews of restricted patients
83 Appeal against Review Tribunal's decision in certain cases
Part 8
Special provisions relating to children and young persons
89 Membership of Review Tribunal
90 Review of patient about to attain age of 17 years
91 Director and Deputy Director of Mental Health
92 Directors of Area Mental Health Services
92A Delegation by Directors of Area Mental Health Services
92B Provisions applying to delegations under section 92A
94 District inspectors and official visitors
94A Powers of district inspectors and official visitors
95 Inquiries by district inspector
96 Visitations by district inspectors and official visitors
98A District inspectors to report monthly
99 Powers of inspection of Director
99A No proceedings against district inspectors or official visitors unless bad faith shown
99B Delegation by persons in charge of hospitals
99C Crimes of Torture Act 1989 not limited
Psychiatric security institutions
100 Psychiatric security institutions
102 Functions and powers of Review Tribunals
103 Co-opting suitable persons
Further provisions relating to Review Tribunals
108 Fees and travelling allowances
108A No proceedings against members of Review Tribunals unless bad faith shown
Part 10
Enforcement and offences
109 Police powers in relation to person appearing to be mentally disordered in public place
110 Powers of medical practitioner when urgent examination required
110A Power of medical practitioner who issues certificate to sedate when sedation urgently required
110B Powers of medical practitioner when urgent assessment required
110C Powers of Police when urgent assistance required
111 Powers of nurse where urgent assessment required
112 Judge may authorise apprehension of patients and proposed patients [Repealed]
113 Authority of person in charge of hospital or service to admit and detain
113A Judge or Registrar may issue warrants
114 Neglect or ill-treatment of proposed patients and patients
115 Assisting patient on community treatment order not to attend for treatment
115A Assisting patient on inpatient order to be absent without leave
116 Unlawful publication of reports of proceedings before Review Tribunal
118 False or misleading certificates
119 Further offences involving false or misleading documents, etc
120 Offences punishable on summary conviction
122 Matters of justification or excuse
122A Certain sections of Crimes Act 1961 apply to powers to take and retake
Part 11
Miscellaneous provisions
125 Procedure where letter withheld
126 Patient's pocket money [Repealed]
130 Director-General may promulgate standards
131 Notices to Director-General
133 Giving or sending documents
134 Fees of medical practitioners
137 Repeals and consequential amendments
139 Criminal Justice Act 1985 amended
140 Armed Forces Discipline Act 1971 amended
Part 12
Transitional provisions
141 Persons detained under section 19 of Mental Health Act 1969
142 Proceedings for reception order commenced but not completed
144 Committed patients on leave
146 Persons detained as committed patients pursuant to Criminal Justice Act 1985
Schedule 1
Procedural provisions relating to Review Tribunals
Schedule 4
Amendments to Criminal Justice Act 1985
[Repealed]
An Act to redefine the circumstances in which and the conditions under which persons may be subjected to compulsory psychiatric assessment and treatment, to define the rights of such persons and to provide better protection for those rights, and generally to reform and consolidate the law relating to the assessment and treatment of persons suffering from mental disorder
