Mental Health (Compulsory Assessment and Treatment) Act 1992

128 Removal from New Zealand

• (1) 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.

  (2) In any such case, the Minister may—

  • (a) as a condition of issuing the warrant, direct that sufficient security be given, in such manner as the Minister thinks fit, for the safe custody and maintenance of the patient after his or her removal from New Zealand:

  • (b) give such directions as the Minister thinks fit for the payment by or on behalf of the patient or out of the patient's estate of the whole or any part of the expenses of and incidental to his or her removal from New Zealand to that other place, including the fares and expenses of any escort or other person accompanying the patient or supervising his or her removal:

  • (c) direct any person who is for the time being, by virtue of a property order made under Part 3 of the Protection of Personal and Property Rights Act 1988, the manager of any property belonging to the patient to pay or transfer any such property to such person or persons in the country to which the patient is being removed, or in such other manner, as the Minister shall decide.

  (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.

  (4) Every person removed from a hospital under the authority of this section shall be deemed to have been released from compulsory status.

  Compare: 1969 No 16 s 72

  Section 128(3): amended, on 1 October 1995, by section 10(3) of the Department of Justice (Restructuring) Act 1995 (1995 No 39).