Alcoholism and Drug Addiction (Forms) Regulations 1968

Reprint
as at 26 April 2005

Coat of Arms of New Zealand

Alcoholism and Drug Addiction (Forms) Regulations 1968

(SR 1968/211)

Arthur Porritt, Governor-General

Order in Council

At the Government House at Wellington this 4th day of November 1968

Present:
His Excellency the Governor-General in Council


Note

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.

These regulations are administered by the Ministry of Health.


Pursuant to the Alcoholism and Drug Addiction Act 1966, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.

Regulations

1 Title and commencement
  • (1) These regulations may be cited as the Alcoholism and Drug Addiction (Forms) Regulations 1968.

    (2) These regulations shall come into force on the commencement of the Alcoholism and Drug Addiction Act 1966.

2 Interpretation
3 Forms
  • (1) An application under subsections (1) and (2) of section 8 of the Act shall be in form 1 of the Schedule of these regulations.

    (2) An order under subsection (4) of section 8 of the Act shall be in form 2 of the Schedule of these regulations.

    (3) An application under subsection (1) of section 9 of the Act shall be in form 3 of the Schedule of these regulations.

    (4) A summons under subsection (1) of section 9 of the Act may be in form 4 of the Schedule of these regulations.

    (5) A warrant under subsection (4) of section 9 of the Act may be in form 5 of the Schedule of these regulations.

    (6) A certificate under subsection (6) of section 9 of the Act shall be in form 6 of the Schedule of these regulations.

    (7) An order under subsection (7) of section 9 of the Act may be in form 7 of the Schedule of these regulations.


Schedule

Form 1
Voluntary application for detention in an institution

r 3(1)

Section 8, Alcoholism and Drug Addiction Act 1966

To a District Court Judge at [specify]

I, [name, occupation, and address of applicant] hereby make application for an order under section 8 of the Alcoholism and Drug Addiction Act 1966. I desire to be received into the institution situated at [specify] and known as [name of institution] and I undertake to remain in that institution for treatment for alcoholism *(or addiction to drugs) until I am released or discharged under that Act.

Dated at: [place, date]

Signature of applicant:

Signed by the above-named applicant in the presence of [name]

District Court Judge or (Deputy) Registrar of District Court


*Strike out words which do not apply.
  • Schedule form 1: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Form 2
Order for detention upon voluntary application

r 3(2)

Section 8, Alcoholism and Drug Addiction Act 1966

Whereas [name, occupation, and address of applicant] has made application under section 8 of the Alcoholism and Drug Addiction Act 1966 for an order under that section; and has specified the institution situated at [specify] and known as [name of institution], as the institution into which he desires to be received:

And whereas the said [name of applicant] has appeared before me and I am satisfied that the said [name of applicant] is an alcoholic *(or drug addict) and that he fully understands the nature and effect of his application and that the managers *(or superintendent) of that institution *are (is) willing to receive the said [name of applicant] into that institution:

Now, therefore, I do order that the said [name of applicant] be detained, for treatment for alcoholism *(or addiction to drugs), in the institution situated at [specify] and known as [name of institution].

Given under my hand at [place, date].

District Court Judge:


*Strike out words which do not apply.
  • Schedule form 2: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Form 3
Application by relative or other reputable person for committal order

r 3(3)

Section 9, Alcoholism and Drug Addiction Act 1966

To a District Court Judge at [specify]

I, [name, occupation, and address of applicant] hereby make application pursuant to section 9 of the Alcoholism and Drug Addiction Act 1966 in respect of [name, occupation, and address of person to whom the application relates], hereinafter in this application referred to as the said person; on the grounds that the said person is an alcoholic *(or drug addict).

I believe that the said person is an alcoholic *(or drug addict) because [set out full reasons for applicant's belief]:

I am [insert degree of relationship, if any or words “not related”] to the said person.

[To be completed only if the applicant is not a relativeof the said person]: This application is made by me instead of by a relative because [state reason]:

Dated at: [place, date]

Signature of applicant:


Statutory declaration
[To be completed unless District Court Judge otherwise permits]

Under section 9(3) of the Alcoholism and Drug Addiction Act 1966 I, [insert name, place of abode, and occupation of applicant or other person making declaration] solemnly and sincerely declare that the statements contained in the foregoing application under section 9 of the Alcoholism and Drug Addiction Act 1966 are true (add to the best of my knowledge and belief if declaration is made by person other than applicant). And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths and Declarations Act 1957.

Declared at: [place, date]

Signature:

Before me:

Justice of the Peace, Solicitor, or other person authorised to take a statutory declaration.


*Strike out words which do not apply.

Relative, for the purposes of section 9 of the Act, means in relation to a person—

  • (a) a person’s spouse, civil union partner, or de facto partner:

  • (b) the person’s parent, grandparent, sibling, half-sibling, child, grandchild, or step-child:

  • (c) the person’s step-parent; but if the person is under the age of 18 years, only if the step-parent shares responsibility for the day-to-day care of the person with a parent of the person:

  • Schedule form 3: amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

  • Schedule form 3: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Form 4
Summons

r 3(4)

Section 9, Alcoholism and Drug Addiction Act 1966

To [full name] of [address and occupation]

[Full name] of [address and occupation] has stated that you the said [full name] are an alcoholic* (or drug addict).

You are summoned to appear on [date] at [time] am (pm) before a District Court Judge at the District Court at [specify] to show cause why an order should not be made requiring you to be detained for treatment for alcoholism* (or drug addiction) in an institution.

Dated at: [place, date]

....................
District Court Judge

(Deputy) Registrar of District Court


Note: Section 35(1) of the Alcoholism and Drug Addiction Act 1966 provides that every application under that Act shall be heard and determined in private.

*Delete whichever is inapplicable.
  • Schedule form 4: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Form 5
Warrant to arrest

r 3(5)

Section 9, Alcoholism and Drug Addiction Act 1966

To every constable:

In an application dated [date] and made under section 9 of the Alcoholism and Drug Addiction Act 1966 it has been stated that [full name] of [address and occupation] is an alcoholic* (or drug addict).

†I am satisfied, by evidence on oath, that a warrant is necessary to compel the attendance of the said [full name] to show cause why an order should not be made requiring him to be detained for treatment for alcoholism* (or drug addiction) in an institution:

or I am satisfied, by evidence on oath, that circumstances exist that render the issue of a warrant expedient;

or I am satisfied that the said [full name] has refused to undergo examination by 2 medical practitioners for the purposes of the Alcoholism and Drug Addiction Act 1966;

or I am satisfied that the said [full name] has wilfully failed to attend for a medical examination required for the purposes of the Alcoholism and Drug Addiction Act 1966:

And I direct you to arrest the said [full name] and bring him before a District Court Judge as soon as possible, to be dealt with in accordance with the Alcoholism and Drug Addiction Act 1966;

And I further direct that the said [full name] shall, after his arrest, undergo medical examination by [specify] and [specify] being 2 medical practitioners.

Dated at: [place, date]

District Court Judge:


*Delete whichever is inapplicable.
†Delete if inapplicable.
 (Not printed)
  • Schedule form 5: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Form 6
Medical certificate

r 3(6)

Section 9, Alcoholism and Drug Addiction Act 1966

I, [name and address of medical practitioner], being a medical practitioner registered in New Zealand, do hereby certify that I believe [name, occupation, and address of person to whom the certificate relates] is an alcoholic within the meaning of the Alcoholism and Drug Addiction Act 1966 *(or a drug addict within the meaning of the Alcoholism and Drug Addiction (Forms) Regulations 1968) and that the making of an order for his detention and treatment as such is expedient in his own interest *(or in the interest of his relatives).

The following are the reasons for my said belief [set out reasons in full]:

I hereby declare that I am not prohibited by section 32 of the Alcoholism and Drug Addiction Act 1966 from signing this certificate.

Dated at: [place, date]

Signature of medical practitioner:


*Strike out words which do not apply.

Form 7
Committal order on application by relative or other reputable person

r 3(7)

Section 9(7), Alcoholism and Drug Addiction Act 1966

Whereas [name, occupation, and address of applicant] (being a relative of [name of person to whom the application relates])† has made an application dated [date] pursuant to section 9 of the Alcoholism and Drug Addiction Act 1966 in respect of [name, occupation, and address] on the grounds that the said [name] is an alcoholic *(or drug addict):

And whereas [name and address of medical practitioner] and [name and address of medical practitioner] have given evidence *(or certificates in the prescribed form) to the effect that they believe the said [name] to be an alcoholic *(or drug addict) and that his detention and treatment as such is expedient in his own interest *(or in the interest of his relatives):

And whereas the said [name] has appeared before me and I am satisfied that the said [name] is an alcoholic *(or drug addict) and that the managers *(or superintendent) of the institution situated at [specify] and known as [name of institution] are *(is) willing to receive the said [name] into that institution:

Now, therefore, I do order that the said [name] be detained for treatment of alcoholism *(or addiction to drugs) in the institution situated at [specify] and known as [specify]

Given under my hand at [place, date].

District Court Judge:


*Strike out words which do not apply.
†Delete if inapplicable.
  • Schedule form 7: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

P J Brooks,
Clerk of the Executive Council.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 7 November 1968.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Alcoholism and Drug Addiction (Forms) Regulations 1968. The reprint incorporates all the amendments to the regulations as at 26 April 2005, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)
  • Relationships (Statutory References) Act 2005 (2005 No 3): section 12

    District Courts Amendment Act 1979 (1979 No 125): section 18(2)