Substance Addiction (Compulsory Assessment and Treatment) Act 2017

  • This version was replaced on 16 October 2017 to make corrections to sections 85 and 117 under section 25(1)(j)(iii) and (m) of the Legislation Act 2012.

Reprint as at 14 July 2017

Coat of Arms of New Zealand

Substance Addiction (Compulsory Assessment and Treatment) Act 2017

Public Act
 
2017 No 4
Date of assent
 
21 February 2017
Commencement
 
see section 2
Note

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

Contents

1Title
2Commencement
3Purpose
4Interpretation
5Act binds the Crown
6Transitional, savings, and related provisions
7Criteria for compulsory treatment
8Meaning of severe substance addiction
9Capacity to make informed decisions
10Compulsory treatment to be option of last resort
11Compulsory status
12Principles applying to exercise of powers over patients
13Additional principles applying to exercise of powers over children or young persons
14Application for assessment
15Application requirements
16Assistance in arranging medical examination for application
17Medical certificate
18Memorandum by authorised officer
19Arrangements for specialist assessment
20Certain approved specialists to undertake assessment of child or young person, if practicable
21Assistance in arranging specialist assessment
22Requirements for specialist assessment
23Compulsory treatment certificate
24Restriction on signing compulsory treatment certificate for child or young person
25Approved specialist to notify Area Director and arrange patient’s detention
26Information to be given to patient and others
27If compulsory treatment certificate not signed, advice must be given
28Responsible clinician to be assigned
29Initial steps to be taken by responsible clinician
30Detention and treatment in treatment centre
31Patient must be released if review not determined within prescribed period
32Court may make compulsory treatment order
33Restriction on making compulsory treatment order in respect of child or young person
34Right to apply to court for urgent review of patient’s status
35Objective of compulsory treatment
36Requirement to accept treatment
37Treatment given or authorised by responsible clinician
38Requirement to stay in treatment centre
39Leave of absence on compassionate, medical, or other grounds
40Return of patient
41Transfer to another treatment centre
42Condition of patient to be kept under review
43Release from compulsory status
44Plan for future treatment and care
45Review where patient appears to suffer from brain injury
46Application for extension of compulsory treatment order
47Court may extend order
48Steps to be taken after extension of order
49Right to nominate person to protect patient’s interests
50Patient to be informed of his or her rights
51Principal caregiver, welfare guardian, and nominated person to be informed of events affecting patient
52Right to be dealt with in accordance with objective of compulsory treatment and with principles
53Right to treatment
54Right to be informed about treatment
55Rights in case of visual or audio recording
56Right to independent advice from approved specialist
57Right to legal advice
58Right to company
59Right to receive visitors and make and receive telephone calls
60Right to receive and send mail and electronic communications
61Checking and withholding mail and electronic communications
62Approval required to check and withhold mail and electronic communications
63Mail and electronic communications not to be withheld if sent by or to certain people
64Procedure where mail and electronic communications withheld
65Child or young person entitled to have adult present
66Parents and others to be informed of decisions
67Complaint of breach of rights
68Application of this subpart
69Meaning of party
70Jurisdiction of Family Court
71Persons entitled to appear and be heard
72Service where application made by responsible clinician
73Service where application made by, or on behalf of, patient
74Responsibility of district inspector on application
75Judge to interview patient before application for review heard
76Attendance of patient at hearing
77Representation of persons entitled to be heard, and special rights of patient
78Court may call for report on patient
79Evidence on report
80Court not bound by rules of evidence
81Appointment of lawyer to represent child or young person
82Power of court to call witnesses
83Court may dispense with hearing in certain circumstances
84Interpreters to be provided
85Appeals from decisions of Family Court
86Director of Addiction Services
87Director may delegate functions, duties, and powers
88Directors of Area Addiction Services in specified areas
89Area Director may delegate functions, duties, and powers
90District inspectors
91Authorised officers
92Designation of approved providers
93Reporting duties of approved providers
94Responsible clinicians
95Designation of approved specialists
96Designation of bodies for purposes of definition of health professional
97Advice and assistance of general nature
98District inspectors to visit treatment centres
99Inspectors’ access to persons and documents
100Reports on visits
101Inquiries by district inspector
102District inspectors to report monthly
103No proceedings against district inspectors unless bad faith shown
104Crimes of Torture Act 1989 not limited
105Police assistance
106Apprehension of patients not permitted to be absent from treatment centre
107Judge or Registrar may issue warrant
108Certain sections of Crimes Act 1961 apply to powers to take and retake
109Use of force
110Neglect or ill-treatment of patients
111Assisting patient to be absent from treatment centre without leave
112Obstruction of inspection
113False or misleading certificates
114Further offences involving false or misleading documents, etc
115Matters of justification or excuse
116Director-General may issue guidelines and standards
117Rules
118Regulations
119Matters to be disclosed in annual report
120Ministry must review Act
121Provisions applying to delegations under section 87 or 89
122Consequential amendments and repeal and revocations
Reprint notes

The Parliament of New Zealand enacts as follows: