Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

Reprint as at 18 October 2016

Coat of Arms of New Zealand

Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

Public Act
2003 No 116
Date of assent
30 October 2003
see section 2

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Health.


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