1 Title
Part 1Preliminary provisions
2 Commencement
3 Purposes
4 Outline
5 Interpretation
6 Meaning of care recipient and related terms
7 Meaning of intellectual disability
8 Persons who do not have intellectual disability
9 Meaning of facility and secure facility
10 Act binds the Crown
Part 2Principles and general duties
11 Principles governing exercise of powers under this Act
12 Principles governing decisions affecting children and young persons
13 Powers to be exercised with proper respect for cultural identity and personal beliefs
14 Interpreters to be provided
Part 3Needs assessments and care and rehabilitation plans
Assessment of care and rehabilitation needs
15 Needs assessments required for certain care recipients
16 Purposes of needs assessment
17 When needs assessment process to be commenced
18 How needs assessment process to be commenced
19 Maximum period for needs assessment and preparation of care and rehabilitation plan
20 Co-ordinator to consult assessors
21 Co-ordinator to consult with persons concerned with welfare of care recipient
22 Case conferences
23 Cultural assessment
Care and rehabilitation plan
24 Care and rehabilitation plan to be prepared for care recipient
25 Care and rehabilitation plan to identify personal needs of care recipients
26 Care programme
27 Other matters
28 Care and rehabilitation plan may be varied
Part 4Compulsory care and rehabilitation of prisoners and former special patients
Subpart 1—Assessment of prisoners and former special patients
29 Application for assessment of prisoner or former special patient
30 Matters to be stated in application
31 Application to be accompanied by certificate
32 Arrangements for assessment
33 Assessment of child or young person
34 Timing for, and place of, assessment
35 Proposed care recipients may have to stay in facility
36 Prisoners to appear in court
37 Assessment examination
38 Result of assessment
Subpart 2—Compulsory care orders for prisoners and former special patients
Applications for compulsory care orders
39 Conditions for applications under this subpart
40 Matters to be set out in application
Visit by Judge
41 Judge to examine proposed care recipient
42 Visiting Judge may order withdrawal of application
Making compulsory care order
43 Visiting Judge, wherever possible, to hear application
44 Court to consider proposed care recipient's condition
45 Jurisdiction to make compulsory care order
46 Term of compulsory care order
Part 5Status and rights of care recipients
Subpart 1—General status and specific rights
Status generally
47 Requirement to accept care
Specific rights of care recipients
48 Care recipients are consumers under Code of Health and Disability Services Consumers' Rights
49 General rights to information
50 Respect for cultural identity
51 Medical treatment
52 Rights in case of visual or audio recording
53 Right to independent health and disability advice
54 Right to legal advice
55 Right to company
56 Right to receive visitors and communicate orally with persons outside facility
57 Right to receive and send written communications and other items
58 Written communications or other items not to be intercepted if sent by or to certain office holders
59 Procedure where written communications or other items intercepted
Subpart 2—Specific powers exercisable over care recipients
60 Seclusion
61 Restraint of care recipients
62 Enforced medical treatment
Subpart 3—Requirement to stay in designated facilities or places
Placement of care recipients
63 Designation notices relating to secure care
64 Directions relating to supervised care
Leave for care recipients no longer subject to criminal justice system
65 Care manager may grant leave
Leave for special care recipients
66 Minister may authorise leave for special care recipients
67 Director-General may authorise short-term leave
Subpart 4—Status of special care recipients subject to sentences
68 When liability to detention under sentence ceases
69 Relationship between detention in secure facility and sentence
70 Care recipient whose status changes under section 69 to be held in secure care
71 Former care recipients subject to sentence to be taken to prison
Part 6Reviews of condition and status of care recipients
Subpart 1—Initial review of care and rehabilitation plan or compulsory care order
72 Co-ordinator to report to Family Court on appropriateness of order and plan
73 Co-ordinator must send copy of report to certain persons
74 Review by Family Court
75 Family Court may call for reports
76 Family Court may make recommendations
Subpart 2—Condition of every care recipient to be reviewed
77 Regular clinical reviews of care recipients
78 Reviews undertaken by specialist assessors
79 Specialist assessor to issue certificate
80 Specialist assessor to send certificate and reports to certain persons
81 Co-ordinator to send copy of certificate to certain persons
Subpart 3—Change in status of care recipient no longer subject to criminal justice system and special care recipients liable to detention under sentence
Form of certificate
82 Form of clinical review certificate for care recipients no longer subject to criminal justice system and care recipients liable to detention under sentence
Release from compulsory care
83 Status on expiry of term of compulsory care order
84 Cancellation of court orders of certain care recipients
Continuation of compulsory care
85 Extension of compulsory care order
86 Co-ordinator may seek variation of compulsory care order
87 Court may defer expiry of order if application for extension pending
88 Co-ordinator and Court to have regard to specialist assessor's certificate
Subpart 4—Status of certain special care recipients
Special care recipients detained because unfit to stand trial
89 Form of clinical review certificate for special care recipients detained because unfit to stand trial
90 Attorney-General to be notified if special care recipient considered fit to stand trial
91 Ministers to be notified if care for person as special care recipient considered no longer necessary
Special care recipients detained because acquitted on account of insanity
92 Form of clinical review certificate for special care recipients detained because acquitted on account of insanity
93 Where person considered not to require further care as special care recipient
Change of status of certain special care recipients resulting from ministerial directions or court order
94 Status of special care recipients found unfit to stand trial or insane
Part 7Inspections and inquiries
Subpart 1—Inspections, investigations, and inquiries by district inspectors
Inspections
95 Visits by district inspectors
96 Inspectors' access to persons and documents
Complaints about breaches of rights
97 Complaint of breach of rights
98 Investigation by district inspector
99 Care recipient to be informed of outcome of investigation
100 Duty of care manager to put things right
Inquiries by district inspectors
101 Inquiries by district inspector
Subpart 2—Inquiry by High Court Judge
102 Judge may call for report on care recipient or summon care recipient
103 Judge may summon witnesses
104 Judge may release care recipient no longer subject to criminal justice system
105 Orders Judge may make in relation to special care recipient detained because unfit to stand trial
106 Orders Judge may make in relation to special care recipient detained because acquitted on account of insanity
107 Judge may report to Minister
108 Other remedies still available
Part 8Authority to take and detain care recipients
Authority to detain under court orders
109 Authority to admit and detain under orders
Authority to take care recipients who escape
110 Meaning of care recipient who has escaped
111 Power to retake care recipient absent without authority
112 Warrant to enter and search places to retake escaped care recipients
113 Entry of place without warrant
114 Matters to be observed when place entered
Protection from criminal responsibility
115 Matters of justification or excuse
Part 9Procedural provisions
Which court?
116 Jurisdiction of Family Court
Persons entitled to be heard
117 Persons entitled to be heard on applications
118 Specialist assessors and care managers entitled to appear and be heard on certain applications
119 Entitlement to be served with application
120 Obligations of district inspector on receiving copy of application
121 Attendance at hearing by care recipient and person in support
122 Excusing or excluding care recipient
123 Representation of persons entitled to be heard, and special rights of care recipient
124 Appointment by Court of lawyer to represent care recipient
125 Court may call for report on care recipient
126 Evidence on report
127 Court not bound by rules of evidence
128 Power of Court to call witnesses
129 Proceedings not open to public
130 Restriction of publication of reports of proceedings
131 Court may dispense with hearing in certain circumstances
132 Care recipient to be given copy of order
Appeals
133 Appeals from decisions of Family Courts
134 Further appeal to Court of Appeal
135 Orders stay in force during appeal
Part 10Relationship with other Acts
136 Application to mentally disordered persons
137 Orders under Protection of Personal and Property Rights Act 1988
138 Orders under Children, Young Persons, and Their Families Act 1989
139 Certain orders under Criminal Procedure (Mentally Impaired Persons) Act 2003 prevail over orders under this Act
Part 11Administration
Co-ordinators, care managers, and district inspectors
140 Compulsory care co-ordinators
141 Designation of care manager
142 Co-ordinator or care manager may delegate powers
143 Status of delegations
144 Designation of district inspectors
145 No proceedings against district inspectors unless bad faith shown
146 Designation of specialist assessors and medical consultants
147 Director-General of Health may call for reports
147A Crimes of Torture Act 1989 not limited
Standards, rules, and regulations
148 Director-General may promulgate guidelines and standards
149 Rules
150 Regulations
Legislative history
The Parliament of New Zealand enacts as follows: