Mental Health (Forms) Regulations 1992

Reprint as at 31 January 2018

Coat of Arms of New Zealand

Mental Health (Forms) Regulations 1992

(SR 1992/305)

Catherine A Tizard, Governor-General

Order in Council

At Wellington this 27th day of October 1992

Present:
Her Excellency the Governor-General in Council

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.

These regulations are administered by the Ministry of Health.

Pursuant to section 135 of the Mental Health (Compulsory Assessment and Treatment) Act 1992, Her 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 Mental Health (Forms) Regulations 1992.

(2)

These regulations shall come into force on 1 November 1992.

2 Interpretation

In these regulations—

A reference to a numbered form is a reference to the form so numbered in Schedule 1.

Clinical reviews

3 Clinical reviews of persons subject to compulsory treatment orders

A certificate of clinical review issued under section 76(3) of the Act, and recording the findings of a review of the condition of a patient, other than a restricted patient, who is subject to a compulsory treatment order, shall be in form 1.

4 Clinical reviews of certain special patients

(1)

A certificate of clinical review issued under section 77(3) of the Act, and recording the findings of a review of the condition of a special patient found to be under disability and detained pursuant to an order made under section 24(2)(a) of the Criminal Procedure (Mentally Impaired Persons) Act 2003, shall be in form 2.

(2)

A certificate of clinical review issued under section 77(4) of the Act, and recording the findings of a review of the condition of a special patient acquitted on account of insanity and detained pursuant to an order made under section 24(2)(a) of the Criminal Procedure (Mentally Impaired Persons) Act 2003, shall be in form 3.

Regulation 4(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Regulation 4(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

5 Clinical reviews of restricted patients

A certificate of clinical review issued under section 78(3) of the Act, and recording the findings of a review of the condition of a restricted patient, shall be in form 4.

Tribunal reviews

6 Tribunal reviews of persons subject to compulsory treatment orders

A certificate of Tribunal review issued under section 79(7) of the Act, and recording the findings of a review of the condition of a patient who is subject to a compulsory treatment order, shall be in form 5.

7 Tribunal reviews of certain special patients

(1)

A certificate of Tribunal review issued under section 80(4) of the Act, and recording the findings of a review of the condition of a special patient found to be under disability and detained pursuant to an order made under section 24(2)(a) of the Criminal Procedure (Mentally Impaired Persons) Act 2003, shall be in form 6.

(2)

A certificate of Tribunal review issued under section 80(5) of the Act, and recording the findings of a review of the condition of a special patient acquitted on account of insanity and detained pursuant to an order made under section 24(2)(a) of the Criminal Procedure (Mentally Impaired Persons) Act 2003, shall be in form 7.

Regulation 7(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Regulation 7(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

8 Tribunal reviews of restricted patients

A certificate of Tribunal review issued under section 81(4) of the Act, and recording the findings of a review of the condition of a restricted patient, shall be in form 8.

Warrants

9 Warrants

(1)

A warrant issued under section 113A(4) of the Act must be in form 9.

(2)

A warrant issued under section 113A(7) of the Act must be in form 10.

Regulation 9: substituted, on 1 April 2000, by regulation 3 of the Mental Health (Forms) Amendment Regulations 2000 (SR 2000/17).

Revocations

10 Revocations

The regulations specified in Schedule 2 are hereby revoked.

Schedule 1 Forms

Form 1 Certificate of clinical review of condition of patient subject to compulsory treatment order

r 3

Section 76(3), Mental Health (Compulsory Assessment and Treatment) Act 1992

(Front)

To the Director of Area Mental Health Services, at [location]

 

Name of patient: [full name]

Patient’s date of birth:

Address:

who is subject to a compulsory treatment order that was made under [section and Act under which compulsory order made] and commenced on [commencement date of compulsory order in force] and is in force until [expiry date of compulsory order in force].

I have examined the patient and have consulted with other health professionals involved in the treatment and care of the patient and have taken their views into account when assessing the results of my review of the patient’s condition.

In my opinion:

*(i)

the patient is fit to be released from compulsory status

or

*(ii)

the patient is not fit to be released from compulsory status

*Delete if inapplicable.
Copies of certificate

If I am of the opinion that the patient is not fit to be released from compulsory status, I will send a copy of this certificate to each of the following: [tick those applicable]

the patient

any welfare guardian of the patient

the patient’s principal caregiver

the primary health care provider who usually attended the patient immediately before the patient was required to undergo assessment and treatment

a district inspector

an official visitor

I will enclose with each copy of this certificate a statement of—

(a)

the legal consequences of the above finding; and

(b)

the right of each of the following persons to apply to the Review Tribunal for a review of the patient’s condition:

(i)

the patient:

(ii)

any welfare guardian of the patient:

(iii)

the patient’s principal caregiver:

(iv)

the primary health care provider who attended the patient immediately before the patient was required to undergo assessment and treatment under Part 1 of the Mental Health (Compulsory Assessment and Treatment) Act 1992.

Reasons and reports

I will send to the Director of Area Mental Health Services, with this certificate, full particulars of the reasons for my opinion of the patient’s condition and any relevant reports from other health professionals involved in the case.

This certificate is issued by [name of responsible clinician who conducted the review]

Address: [business address and telephone number of responsible clinician]

Signature of responsible clinician:

Date:

(Back)

Statement of legal consequences of finding that patient is not fit to be released from compulsory status and Statement of right to apply to Review Tribunal

Legal consequences

If, on a clinical review under section 76 of the Mental Health (Compulsory Assessment and Treatment) Act 1992 of the condition of a patient, the responsible clinician is of the opinion that the patient is not fit to be released from compulsory status, that patient will be required to continue to undergo treatment under that Act.

Application to Review Tribunal

There is however a further step that may be taken.

Each of the following persons may apply to the Review Tribunal for a review of the patient’s condition:

(a)

the patient:

(b)

any welfare guardian of the patient:

(c)

the patient’s principal caregiver:

(d)

the primary health care provider who usually attended the patient immediately before the patient was required to undergo assessment and treatment under Part 1 of the Mental Health (Compulsory Assessment and Treatment) Act 1992.

If any such person wishes to apply to the Review Tribunal, that person may seek help from—

(a)

a district inspector:

(b)

an official visitor:

(c)

his or her lawyer:

(d)

the patient’s responsible clinician:

(e)

a patient advocate (if one is available).

Steps to be taken by district inspector

The district inspector who receives a copy of this certificate (or an official visitor acting under an arrangement with that district inspector) must—

(a)

communicate with the patient and find out, if possible, whether or not the patient wants an application to be made to the Review Tribunal for a review of the patient’s condition. The district inspector (or official visitor) must communicate with the patient by talking to him or her, unless talking to him or her is impracticable; and

(b)

decide, having regard to any view expressed by the patient, whether or not an application should be made to the Review Tribunal for a review of the patient’s condition.

If that district inspector or any such official visitor considers that such an application should be made, that district inspector or that official visitor is required to take whatever reasonable steps he or she thinks necessary to encourage or assist the patient, or any of the other persons entitled to apply to the Tribunal, to make such an application.

If that district inspector or any such official visitor considers that an application should be made to have the patient’s condition reviewed by the Review Tribunal, but neither the patient nor any other person intends to make such an application, the district inspector or any such official visitor may report the matter to the Review Tribunal. In such a case, the Review Tribunal may, of its own motion, review the patient’s condition under section 79 of the Mental Health (Compulsory Assessment and Treatment) Act 1992 as if an appropriate application for such a review had been made to the Review Tribunal.

Finding of Review Tribunal

The Review Tribunal, on conducting such a review, may find that—

(a)

the patient is fit to be released from compulsory status; or

(b)

the patient is not fit to be released from compulsory status.

Further information

For further information about the Review Tribunal, see sections 79, 82, and 101 to 107 of the Mental Health (Compulsory Assessment and Treatment) Act 1992.

Schedule 1 form 1: substituted, on 1 April 2000, by regulation 4 of the Mental Health (Forms) Amendment Regulations 2000 (SR 2000/17).

Schedule 1 form 1: amended, on 31 January 2018, by regulation 4 of the Mental Health (Forms) Amendment Regulations 2017 (LI 2017/306).

Form 2 Certificate of clinical review of condition of patient found to be under disability and detained as special patient

r 4(1)

Section 77(3), Mental Health (Compulsory Assessment and Treatment) Act 1992

(Front)

To the Director of Area Mental Health Services, at [location]

 

Name of patient: [full name]

Patient’s date of birth:

Address:

who was found to be under disability and who is detained pursuant to an order made under section 24(2)(a) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 and dated [date of court order].

I have examined the patient and have consulted with other health professionals involved in the treatment and care of the patient and have taken their views into account when assessing the results of my review of the patient’s condition.

In my opinion:

*(i)

the patient is no longer under disability

or

*(ii)

the patient is still under disability but it is no longer necessary that the patient should be subject to the order of detention as a special patient

or

*(iii)

the patient is still under disability and the patient should continue to be subject to the order of detention as a special patient

*Delete if inapplicable.
Copies of certificate

I will send a copy of this certificate to each of the following: [tick those applicable]

the Director of Mental Health

the patient

any welfare guardian of the patient

the patient’s principal caregiver

the primary health care provider who usually attended the patient immediately before the making of the order of detention

a district inspector

an official visitor

I will enclose with each copy of this certificate a statement of—

(a)

the legal consequences of the above finding; and

(b)

the right of each of the following persons to apply to the Review Tribunal for a review of the patient’s condition:

(i)

the patient:

(ii)

any welfare guardian of the patient:

(iii)

the patient’s principal caregiver:

(iv)

the primary health care provider who usually attended the patient immediately before the making of the order of detention.

Copy for Attorney-General

I will, in addition, send a copy of this certificate to the Attorney-General for the purposes of section 31 of the Criminal Procedure (Mentally Impaired Persons) Act 2003, if my opinion is either—

(a)

that the patient is no longer under disability; or

(b)

that the patient is still under disability but it is no longer necessary that the patient should be subject to the order of detention as a special patient.

Reasons and reports

I will send to the Director of Area Mental Health Services, with this certificate, full particulars of the reasons for my opinion of the patient’s condition and any relevant reports from other health professionals involved in the case.

This certificate is issued by [name of responsible clinician who conducted the review]

Address: [business address and telephone number of responsible clinician]

Signature of responsible clinician:

Date:

(Back)

Statement of legal consequences of findings set out in certificate of clinical review and Statement of right to apply to Review Tribunal

Legal consequences

A copy of this certificate will be sent to the Attorney-General for the purposes of section 31 of the Criminal Procedure (Mentally Impaired Persons) Act 2003, if, on a clinical review under section 77(3) of the Mental Health (Compulsory Assessment and Treatment) Act 1992 of the condition of a patient who was ordered to be detained following a finding of disability, the responsible clinician is of the opinion that—

(a)

the patient is no longer under disability; or

(b)

the patient is still under disability but it is no longer necessary that the patient should be subject to the order of detention as a special patient.

The Attorney-General will—

(a)

direct that the patient be brought before the appropriate court; or

(b)

direct that the patient be held under a compulsory treatment order; or

(c)

apply to the Review Tribunal for a review of the patient’s condition.

If, on the clinical review, the responsible clinician is of the opinion that the patient is still under disability and should continue to be subject to the order of detention as a special patient, the patient will continue to be detained as a special patient.

Application to Review Tribunal

There is however a further step that may be taken.

Each of the following persons may apply to the Review Tribunal for a review of the patient’s condition:

(a)

the patient:

(b)

any welfare guardian of the patient:

(c)

the patient’s principal caregiver:

(d)

the primary health care provider who usually attended the patient immediately before the making of the order of detention.

If any such person wishes to apply to the Review Tribunal, that person may seek help from—

(a)

a district inspector:

(b)

an official visitor:

(c)

his or her lawyer:

(d)

the patient’s responsible clinician:

(e)

a patient advocate (if one is available).

Steps to be taken by district inspector

The district inspector who receives a copy of this certificate (or an official visitor acting under an arrangement with that district inspector) must—

(a)

communicate with the patient and find out, if possible, whether or not the patient wants an application to be made to the Review Tribunal for a review of the patient’s condition. The district inspector (or official visitor) must communicate with the patient by talking to him or her, unless talking to him or her is impracticable; and

(b)

decide, having regard to any view expressed by the patient, whether or not an application should be made to the Review Tribunal for a review of the patient’s condition.

If that district inspector or any such official visitor considers that such an application should be made, that district inspector or that official visitor is required to take whatever reasonable steps he or she thinks necessary to encourage or assist the patient, or any of the other persons entitled to apply to the Tribunal, to make such an application.

If that district inspector or any such official visitor considers that an application should be made to have the patient’s condition reviewed by the Review Tribunal, but neither the patient nor any other person intends to make such an application, the district inspector or any such official visitor may report the matter to the Review Tribunal. In such a case, the Review Tribunal may, of its own motion, review the patient’s condition under section 80 of the Mental Health (Compulsory Assessment and Treatment) Act 1992 as if an appropriate application for such a review had been made to the Review Tribunal.

Finding of Review Tribunal

The Review Tribunal, on conducting such a review, may find that—

(a)

the patient is no longer under disability; or

(b)

the patient is still under disability but it is no longer necessary that the patient should be subject to the order of detention as a special patient; or

(c)

the patient is still under disability and the patient should continue to be subject to the order of detention as a special patient.

Further information

For further information about the Review Tribunal, see sections 80, 82, and 101 to 107 of the Mental Health (Compulsory Assessment and Treatment) Act 1992.

Schedule 1 form 2: substituted, on 1 April 2000, by regulation 4 of the Mental Health (Forms) Amendment Regulations 2000 (SR 2000/17).

Schedule 1 form 2: amended, on 31 January 2018, by regulation 4 of the Mental Health (Forms) Amendment Regulations 2017 (LI 2017/306).

Schedule 1 form 2: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Form 3 Certificate of clinical review of condition of patient acquitted on account of insanity and detained as special patient

r 4(2)

Section 77(4), Mental Health (Compulsory Assessment and Treatment) Act 1992

(Front)

To the Director of Area Mental Health Services, at [location]

 

Name of patient: [full name]

Patient’s date of birth:

Address:

who was acquitted on account of insanity and who is detained pursuant to an order made under section 24(2)(a) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 and dated [date of court order].

I have examined the patient and have consulted with other health professionals involved in the treatment and care of the patient and have taken their views into account when assessing the results of my review of the patient’s condition.

I have also considered whether or not the patient’s condition still requires, either in the patient’s own interest or for the safety of the public, that the patient should be subject to the order of detention as a special patient.

In my opinion:

*(i)

the patient’s condition does not require the detention of the patient as a special patient

or

*(ii)

the patient’s condition still requires the detention of the patient as a special patient

*Delete if inapplicable.
Copies of certificate

I will send a copy of this certificate to each of the following: [tick those applicable]

the Director of Mental Health

the patient

any welfare guardian of the patient

the patient’s principal caregiver

the primary health care provider who usually attended the patient immediately before the making of the order of detention

a district inspector

an official visitor

I will enclose with each copy of this certificate a statement of—

(a)

the legal consequences of the above finding; and

(b)

the right of each of the following persons to apply to the Review Tribunal for a review of the patient’s condition:

(i)

the patient:

(ii)

any welfare guardian of the patient:

(iii)

the patient’s principal caregiver:

(iv)

the primary health care provider who attended the patient immediately before the making of the order of detention.

Copy for Minister of Health

If my opinion is that the patient’s condition does not require the detention of the patient as a special patient, I will, in addition, send a copy of this certificate to the Minister of Health for the purposes of section 33 of the Criminal Procedure (Mentally Impaired Persons) Act 2003.

Reasons and reports

I will send to the Director of Area Mental Health Services, with this certificate, full particulars of the reasons for my opinion of the patient’s condition and any relevant reports from other health professionals involved in the case.

This certificate is issued by [name of responsible clinician who conducted the review]

Address: [business address and telephone number of responsible clinician]

Signature of responsible clinician:

Date:

(Back)

Statement of legal consequences of findings set out in certificate of clinical review and Statement of right to apply to Review Tribunal

Legal consequences

If, on a clinical review under section 77(4) of the Mental Health (Compulsory Assessment and Treatment) Act 1992 of the condition of a patient who was ordered to be detained following acquittal on account of insanity, the responsible clinician is of the opinion that the patient’s condition no longer requires, either in the patient’s own interest or for the safety of the public, that he or she should be subject to the order of detention as a special patient, that clinician will also send a copy of this certificate to the Minister of Health for the purposes of section 33 of the Criminal Procedure (Mentally Impaired Persons) Act 2003.

The Minister of Health may—

(a)

direct that the patient be held under a compulsory treatment order; or

(b)

direct that the patient be discharged; or

(c)

apply to the Review Tribunal for a review of the patient’s condition.

If, on the clinical review, the responsible clinician is of the opinion that the patient’s condition still requires, either in the patient’s own interest or for the safety of the public, that the patient should be subject to the order of detention as a special patient, the patient will continue to be detained as a special patient.

Application to Review Tribunal

There is however a further step that may be taken.

Each of the following persons may apply to the Review Tribunal for a review of the patient’s condition:

(a)

the patient:

(b)

any welfare guardian of the patient:

(c)

the patient’s principal caregiver:

(d)

the primary health care provider who usually attended the patient immediately before the making of the order of detention.

If any such person wishes to apply to the Review Tribunal, that person may seek help from—

(a)

a district inspector:

(b)

an official visitor:

(c)

his or her lawyer:

(d)

the patient’s responsible clinician:

(e)

a patient advocate (if one is available).

Steps to be taken by district inspector

The district inspector who receives a copy of this certificate (or an official visitor acting under an arrangement with that district inspector) must—

(a)

communicate with the patient and find out, if possible, whether or not the patient wants an application to be make to the Review Tribunal for a review of the patient’s condition. The district inspector (or official visitor) must communicate with the patient by talking to him or her, unless talking to him or her is impracticable; and

(b)

decide, having regard to any view expressed by the patient, whether or not an application should be made to the Review Tribunal for a review of the patient’s condition.

If that district inspector or any such official visitor considers that such an application should be made, that district inspector or that official visitor is required to take whatever reasonable steps he or she thinks necessary to encourage or assist the patient, or any of the other persons entitled to apply to the Tribunal, to make such an application.

If that district inspector or any such official visitor considers that an application should be made to have the patient’s condition reviewed by the Review Tribunal, but neither the patient nor any other person intends to make such an application, the district inspector or any such official visitor may report the matter to the Review Tribunal. In such a case, the Review Tribunal may, of its own motion, review the patient’s condition under section 80 of the Mental Health (Compulsory Assessment and Treatment) Act 1992 as if an appropriate application for such a review had been made to the Review Tribunal.

Finding of Review Tribunal

The Review Tribunal, on conducting such a review, may find that—

(a)

the patient’s condition still requires, either in the patient’s own interest or for the safety of the public, that he or she should be subject to the order of detention as a special patient; or

(b)

the patient’s condition no longer requires, either in the patient’s own interest or for the safety of the public, that he or she should be subject to the order of detention as a special patient.

Further information

For further information about the Review Tribunal, see sections 80, 82, and 101 to 107 of the Mental Health (Compulsory Assessment and Treatment) Act 1992

Schedule 1 form 3: substituted, on 1 April 2000, by regulation 4 of the Mental Health (Forms) Amendment Regulations 2000 (SR 2000/17).

Schedule 1 form 3: amended, on 31 January 2018, by regulation 4 of the Mental Health (Forms) Amendment Regulations 2017 (LI 2017/306).

Schedule 1 form 3: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Form 4 Certificate of clinical review of condition of restricted patient

r 5

Section 78(3), Mental Health (Compulsory Assessment and Treatment) Act 1992

[Front]

To the Director of Area Mental Health Services, at [location]

 

Name of patient: [full name]

Patient’s date of birth:

Address:

who has been declared a restricted patient by the court under section 55 of the Mental Health (Compulsory Assessment and Treatment) Act 1992 and is subject to a compulsory treatment order that commenced on [commencement date of compulsory order in force] and is in force until [expiry date of compulsory order in force].

I have examined the patient and have consulted with other health professionals involved in the treatment and care of the patient and have taken their views into account when assessing the results of my review of the patient’s condition.

In my opinion:

*(i)

the patient is fit to be released from compulsory status

or

*(ii)

the patient is not fit to be released from compulsory status but it is no longer necessary that the patient should be declared to be a restricted patient

or

*(iii)

the patient is not fit to be released from compulsory status and should continue to be declared a restricted patient

*Delete if inapplicable.
Copies of certificate

I will send a copy of this certificate to each of the following: [tick those applicable]

the Director of Mental Health

the patient

any welfare guardian of the patient

the patient’s principal caregiver

the primary health care provider who usually attended the patient immediately before the patient was required to undergo assessment and treatment under Part 1 of the Mental Health (Compulsory Assessment and Treatment) Act 1992

a district inspector

an official visitor

I will enclose with each copy of this certificate a statement of—

(a)

the legal consequences of the above finding; and

(b)

the right of each of the following persons to apply to the Review Tribunal for a review of the patient’s condition:

(i)

the patient:

(ii)

any welfare guardian of the patient:

(iii)

the patient’s principal caregiver:

(iv)

the primary health care provider who attended the patient immediately before the patient was required to undergo assessment and treatment under Part 1 of the Mental Health (Compulsory Assessment and Treatment) Act 1992.

Copy for Minister of Health

If my opinion is that the patient is not fit to be released from compulsory status but it is no longer necessary that the patient should be declared to be a restricted patient, I will, in addition, send a copy of this certificate to the Minister of Health for consideration by that Minister under section 78(6) of the Mental Health (Compulsory Assessment and Treatment) Act 1992.

Reasons and reports

I will send to the Director of Area Mental Health Services, with this certificate, full particulars of the reasons for my opinion of the patient’s condition and any relevant reports from other health professionals involved in the case.

This certificate is issued by [name of responsible clinician who conducted the review]

Address: [business address and telephone number of responsible clinician]

Signature of responsible clinician:

Date:

(Back)

Statement of legal consequences of findings set out in certificate of clinical review and Statement of right to apply to Review Tribunal

Legal consequences

If, on a clinical review under section 78 of the Mental Health (Compulsory Assessment and Treatment) Act 1992 of the condition of a restricted patient, the responsible clinician is of the opinion that the patient is fit to be released from compulsory status, the Director of Mental Health will either—

(a)

direct that the patient be released from that status forthwith; or

(b)

apply to the Review Tribunal for a review of the patient’s condition.

If, on the clinical review, the responsible clinician is of the opinion that the patient is not fit to be released from compulsory status but it is no longer necessary that the patient should be declared to be a restricted patient, a copy of this certificate will be sent to the Minister of Health for consideration by that Minister under section 78(6) of the Mental Health (Compulsory Assessment and Treatment) Act 1992.

The Minister of Health will, after consultation with the Attorney-General, either—

(a)

revoke the declaration that the patient shall be a restricted patient; or

(b)

apply to the Review Tribunal for a review of the patient’s condition.

If, on the clinical review, the responsible clinician is of the opinion that the patient is not fit to be released from compulsory status and should continue to be declared to be a restricted patient, the patient will continue to be detained as a restricted patient.

Application to Review Tribunal

There is however a further step that may be taken.

Each of the following persons may apply to the Review Tribunal for a review of the patient’s condition:

(a)

the patient:

(b)

any welfare guardian of the patient:

(c)

the patient’s principal caregiver:

(d)

the primary health care provider who usually attended the patient immediately before the patient was required to undergo assessment and treatment under Part 1 of the Mental Health (Compulsory Assessment and Treatment) Act 1992.

If any such person wishes to apply to the Review Tribunal, that person may seek help from—

(a)

a district inspector:

(b)

an official visitor:

(c)

his or her lawyer:

(d)

the patient’s responsible clinician:

(e)

a patient advocate (if one is available).

Steps to be taken by district inspector

The district inspector who receives a copy of this certificate (or an official visitor acting under an arrangement with that district inspector) must—

(a)

communicate with the patient and find out, if possible, whether or not the patient wants an application to be made to the Review Tribunal for a review of the patient’s condition. The district inspector (or official visitor) must communicate with the patient by talking to him or her, unless talking to him or her is impracticable; and

(b)

decide, having regard to any view expressed by the patient, whether or not an application should be made to the Review Tribunal for a review of the patient’s condition.

If that district inspector or any such official visitor considers that such an application should be made, that district inspector or that official visitor is required to take whatever reasonable steps he or she thinks necessary to encourage or assist the patient, or any of the other persons entitled to apply to the Tribunal, to make such an application.

If that district inspector or any such official visitor considers that an application should be made to have the patient’s condition reviewed by the Review Tribunal, but neither the patient nor any other person intends to make such an application, the district inspector or any such official visitor may report the matter to the Review Tribunal. In such a case, the Review Tribunal may, of its own motion, review the patient’s condition under section 80 of the Mental Health (Compulsory Assessment and Treatment) Act 1992 as if an appropriate application for such a review had been made to the Review Tribunal.

Finding of Review Tribunal

The Review Tribunal, on conducting such a review, may find that—

(a)

the patient is fit to be released from compulsory status; or

(b)

the patient is not fit to be released from compulsory status but it is no longer necessary that the patient should be declared to be a restricted patient; or

(c)

the patient is not fit to be released from compulsory status and should continue to be declared to be a restricted patient.

Further information

For further information about the Review Tribunal, see sections 80, 82, and 101 to 107 of the Mental Health (Compulsory Assessment and Treatment) Act 1992.

Schedule 1 form 4: substituted, on 1 April 2000, by regulation 4 of the Mental Health (Forms) Amendment Regulations 2000 (SR 2000/17).

Schedule 1 form 4: amended, on 31 January 2018, by regulation 4 of the Mental Health (Forms) Amendment Regulations 2017 (LI 2017/306).

Form 5 Certificate of Tribunal Review of condition of patient subject to compulsory treatment order

r 6

Section 79(7), Mental Health (Compulsory Assessment and Treatment) Act 1992

(Front)

To the Director of Area Mental Health Services, at [location]

 

The Review Tribunal has reviewed the condition of

Name of patient: [full name]

Patient’s date of birth:

of: [address]

who is subject to a compulsory treatment order that was made under [section and Act under which compulsory order was made] and commenced on [commencement date of compulsory order in force] and is in force until [expiry date of compulsory order in force].

The review of the patient’s condition was conducted by the Review Tribunal:

*(i)

of its own motion

or

*(ii)

on the application of [name]

*Delete one.

In reviewing the patient’s condition, the Review Tribunal has complied with the provisions of Schedule 1 of the Mental Health (Compulsory Assessment and Treatment) Act 1992.

In the opinion of the Tribunal:

*(i)

the patient is fit to be released from compulsory status.

or

*(ii)

the patient is not fit to be released from compulsory status.

*Delete one.
Copies of certificate

Where the Review Tribunal is of the opinion that the patient is not fit to be released from compulsory status, the convener of the Review Tribunal will send a copy of this certificate to each of the following: [tick those applicable]

the Director of Mental Health

the responsible clinician

the patient

any welfare guardian of the patient

the patient’s principal caregiver

the primary health care provider who usually attended the patient immediately before the patient was required to undergo assessment and treatment under Part 1 of the Mental Health (Compulsory Assessment and Treatment) Act 1992

a district inspector

an official visitor

The convener of the Review Tribunal will enclose with each copy of that certificate a statement of—

(a)

the legal consequences of the Review Tribunal’s decision; and

(b)

the right of—

(i)

the patient; or

(ii)

any welfare guardian of the patient; or

(iii)

the patient’s principal caregiver; or

(iv)

the primary health care provider who attended the patient immediately before the patient was required to undergo assessment and treatment under Part 1 of the Mental Health (Compulsory Assessment and Treatment) Act 1992,—

to appeal to a District Court against the decision.

Signature of Convener of Review Tribunal:

Date:

(Back)

Statement of legal consequences of decision of Review Tribunal that patient is not fit to be released from compulsory status and Statement of right to appeal to a District Court

Legal consequences

Where, on a review under section 79 of the Mental Health (Compulsory Assessment and Treatment) Act 1992 of the condition of a patient, the Review Tribunal finds that the patient is not fit to be released from compulsory status, that patient will be required to continue to undergo treatment under that Act.

Right to appeal to a District Court

There is however a further step that may be taken.

Each of the following persons, namely,—

(a)

the patient:

(b)

any welfare guardian of the patient:

(c)

the patient’s principal caregiver:

(d)

the primary health care provider who usually attended the patient immediately before the patient was required to undergo assessment and treatment under Part 1 of the Mental Health (Compulsory Assessment and Treatment) Act 1992,—

may, within 1 month after the date of the Review Tribunal’s decision, appeal to a District Court against that decision.

If any such person wishes to appeal to a District Court against the decision, that person may seek help from—

(a)

a district inspector:

(b)

an official visitor:

(c)

his or her lawyer:

(d)

the patient’s responsible clinician:

(e)

the staff of the nearest District Court.

Steps to be taken by district inspector

The district inspector who receives a copy of this certificate (or an official visitor acting under an arrangement with that district inspector), must, after talking to the patient and ascertaining the patient’s wishes in the matter, consider whether or not an appeal should be made to a District Court against the Review Tribunal’s decision.

If the district inspector or any such official visitor considers that such an appeal should be made, that district inspector or that official visitor shall take whatever steps he or she thinks necessary to encourage or assist the patient, or any of the other persons entitled to appeal, to make such an appeal.

If that district inspector or any such official visitor considers that an appeal against the Review Tribunal’s decision should be made, but neither the patient nor any other person intends to make such an appeal, the district inspector or any such official visitor may report the matter to a District Court; and, in such a case, a District Court Judge may, of his or her own motion, review the patient’s condition as if an appropriate appeal had been made to the District Court.

Determination of District Court

On any such appeal, the District Court shall review the patient’s condition to determine whether or not the patient is fit to be released from compulsory status.

Further information

For further information about the review of a patient’s condition on an appeal, see sections 16 and 83 of the Mental Health (Compulsory Assessment and Treatment) Act 1992.

Schedule 1 form 5: amended, on 31 January 2018, by regulation 4 of the Mental Health (Forms) Amendment Regulations 2017 (LI 2017/306).

Form 6 Certificate of Tribunal Review of condition of special patient found to be under disability and detained pursuant to order made under section 24(2)(a) of the Criminal Procedure (Mentally Impaired Persons) Act 2003

r 7(1)

Section 80(4), Mental Health (Compulsory Assessment and Treatment) Act 1992

To the Director of Area Mental Health Services, at [location]

 

The Review Tribunal has reviewed the condition of

Name of patient: [full name]

Patient’s date of birth:

of: [address]

who was found to be under disability and who is detained pursuant to an order made under section 24(2)(a) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 dated [date of court order].

The review of the patient’s condition was conducted by the Review Tribunal:

*(i)

of its own motion

or

*(ii)

on the application of the Attorney-General

or

*(iii)

on the application of [name]

*Delete those not applicable.

In reviewing the patient’s condition, the Review Tribunal has complied with the provisions of Schedule 1 of the Mental Health (Compulsory Assessment and Treatment) Act 1992.

In the opinion of the Review Tribunal:

*(i)

the patient is no longer under disability.

or

*(ii)

the patient is still under disability but it is no longer necessary that the patient should be subject to the order of detention as a special patient.

or

*(iii)

the patient is still under disability and the patient should continue to be subject to the order of detention as a special patient.

*Delete those not applicable.
Copies of certificate

The convener of the Review Tribunal will send a copy of this certificate to each of the following: [tick those applicable]

the Director of Mental Health

the responsible clinician

the patient

any welfare guardian of the patient

the patient’s principal caregiver

the primary health care provider who usually attended the patient immediately before the making of the order of detention

a district inspector

an official visitor

Copy for Attorney-General

Where the Review Tribunal is of the opinion—

(a)

that the patient is no longer under disability; or

(b)

that the patient is still under disability but it is no longer necessary that the patient should be subject to the order of detention as a special patient,—

the convener of the Review Tribunal will send a copy of this certificate to the Attorney-General for the purposes of section 31 of the Criminal Procedure (Mentally Impaired Persons) Act 2003.

Signature of Convener of Review Tribunal:

Date:

Schedule 1 form 6 heading: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Schedule 1 form 6: amended, on 31 January 2018, by regulation 4 of the Mental Health (Forms) Amendment Regulations 2017 (LI 2017/306).

Schedule 1 form 6: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Form 7 Certificate of Tribunal Review of condition of special patient acquitted on account of insanity and detained pursuant to order made under section 24(2)(a) of the Criminal Procedure (Mentally Impaired Persons) Act 2003

r 7(2)

Section 80(5), Mental Health (Compulsory Assessment and Treatment) Act 1992

To the Director of Area Mental Health Services, at [location]

 

The Review Tribunal has reviewed the condition of

Name of patient: [full name]

Patient’s date of birth:

of: [address]

who was acquitted on account of insanity and who is detained pursuant to an order made under section 24(2)(a) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 dated [date of court order].

The Review Tribunal has also considered whether or not the patient’s condition still requires, either in the patient’s own interest or for the safety of the public, that the patient should be subject to the order of detention as a special patient.

The review of the patient’s condition was conducted by the Review Tribunal:

*(i)

of its own motion

or

*(ii)

on the application of the Minister of Health

or

*(iii)

on the application of [name]

*Delete those not applicable.

In reviewing the patient’s condition, the Review Tribunal has complied with the provisions of Schedule 1 of the Mental Health (Compulsory Assessment and Treatment) Act 1992.

In the opinion of the Review Tribunal:

*(i)

the patient’s condition does not require the detention of the patient as a special patient.

or

*(ii)

the patient’s condition still requires the detention of the patient as a special patient.

*Delete one.
Copies of certificate

The convener of the Review Tribunal will send a copy of this certificate to each of the following: [tick those applicable]

the Director of Mental Health

the responsible clinician

the patient

any welfare guardian of the patient

the patient’s principal caregiver

the primary health care provider who usually attended the patient immediately before the making of the order of detention

a district inspector

an official visitor

Copy for Minister of Health

Where the Review Tribunal is of the opinion that the patient’s condition no longer requires, either in the patient’s own interest or for the safety of the public, that he or she should be subject to the order of detention as a special patient, the convener of the Review Tribunal will send a copy of this certificate to the Minister of Health for the purposes of section 33 of the Criminal Procedure (Mentally Impaired Persons) Act 2003.

Signature of Convener of Review Tribunal:

Date:

Schedule 1 form 7 heading: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Schedule 1 form 7: amended, on 31 January 2018, by regulation 4 of the Mental Health (Forms) Amendment Regulations 2017 (LI 2017/306).

Schedule 1 form 7: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Form 8 Certificate of Tribunal Review of condition of restricted patient

r 8

Section 81(4), Mental Health (Compulsory Assessment and Treatment) Act 1992

To the Director of Area Mental Health Services, at [location]

 

The Review Tribunal has reviewed the condition of

Name of patient: [full name]

Patient’s date of birth:

of: [address]

who has been declared a restricted patient under section 55 of the Mental Health (Compulsory Assessment and Treatment) Act 1992 and is subject to a compulsory treatment order that commenced on [commencement date of compulsory order in force] and is in force until [expiry date of compulsory order in force].

The review of the patient’s condition was conducted by the Review Tribunal:

*(i)

of its own motion

or

*(ii)

on the application of the Director of Mental Health

or

*(iii)

on the application of the Minister of Health

or

*(iv)

on the application of [name]

*Delete those not applicable.

In reviewing the patient’s condition, the Review Tribunal has complied with the provisions of Schedule 1 of the Mental Health (Compulsory Assessment and Treatment) Act 1992.

In the opinion of the Review Tribunal:

*(i)

the patient is fit to be released from compulsory status.

or

*(ii)

the patient is not fit to be released from compulsory status but it is no longer necessary that the patient should be declared to be a restricted patient.

or

*(iii)

the patient is not fit to be released from compulsory status and should continue to be declared to be a restricted patient.

*Delete those not applicable.
Copies of certificate

The convener of the Review Tribunal will send a copy of this certificate to each of the following: [tick those applicable]

the Director of Mental Health

the responsible clinician

the patient

any welfare guardian of the patient

the patient’s principal caregiver

the primary health care provider who usually attended the patient immediately before the patient was required to undergo assessment and treatment under Part 1 of the Mental Health (Compulsory Assessment and Treatment) Act 1992

a district inspector

an official visitor

Copy for Minister of Health

Where the Review Tribunal is of the opinion that the patient is not fit to be released from compulsory status but it is no longer necessary that the patient should be declared to be a restricted patient, the convener of the Review Tribunal will send a copy of this certificate to the Minister of Health for consideration under section 81(7) of the Mental Health (Compulsory Assessment and Treatment) Act 1992.

Signature of Convener of Review Tribunal:

Date:

Schedule 1 form 8: amended, on 31 January 2018, by regulation 4 of the Mental Health (Forms) Amendment Regulations 2017 (LI 2017/306).

Form 9 Warrant to apprehend proposed patient or patient

r 9(1)

Section 113A(4), Mental Health (Compulsory Assessment and Treatment) Act 1992 (“the Act”)

The District Court at [location]

Court reference number:

To every constable:

1

I am satisfied, on an application made by the Director of Area Mental Health Services, that the proposed patient (or patient) named below is refusing to attend at [name and address of hospital or other place].

In accordance with a requirement to attend at that place for:

*(a)

an assessment examination under section 9 of the Act

or

*(b)

an assessment to which a notice given under section 11 or section 13 of the Act relates

or

*(c)

an examination to which a notice given under section 14A(3)(b) of the Act relates

or

*(d)

a hearing to which a notice given under section 14A(3)(c) of the Act relates

or

*(e)

a review to which a notice given under section 76(1A) of the Act relates

or

*2

I am satisfied, on an application made by the Director of Area Mental Health Services, that the patient named below is subject to a community treatment order and is refusing to attend for treatment, in accordance with the order, at [name and address of hospital or other place]

or

*3

I am satisfied, on an application made by the Director of Area Mental Health Services, that the patient named below is subject to an inpatient order and is absent from [name and address of hospital]

either:

*(a)

without leave

or

*(b)

when the patient’s leave of absence from the hospital has expired or has been cancelled

*Delete if inapplicable.

Particulars of the proposed patient (or patient) are as follows:

Name of proposed patient (or patient)

 

Date of birth of proposed patient (or patient)

  

Address of proposed patient (or patient)

  

I authorise you to apprehend the proposed patient (or patient) and take that proposed patient (or patient) to:

Name and address of hospital or other place to which the proposed patient (or patient) is to be taken

 

Name of proposed patient’s (or patient’s) responsible clinician or nominated medical practitioner

  

District Court Judge or
Registrar (if no Judge is available):

Date:

Schedule 1 form 9: substituted, on 1 April 2000, by regulation 4 of the Mental Health (Forms) Amendment Regulations 2000 (SR 2000/17).

Schedule 1 form 9: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Form 10 Warrant to enter premises where person or proposed patient or patient is

r 9(2)

Section 113A(7), Mental Health (Compulsory Assessment and Treatment) Act 1992 (“the Act”)

The District Court at [location]

Court reference number:

To every constable:

I am satisfied, on an application made by [specify full name], a constable, that—

(a)

a duly authorised officer who is intending or attempting to take an action specified in section 38(4)(b) or (d) or section 40(2) of the Act in relation to the person (or proposed patient or patient) named below has called to his or her assistance a constable; and

(b)

the person (or proposed patient or patient) named below is at the premises specified below; and

(c)

it is necessary to issue this warrant.

Name of person (or proposed patient or patient)

 

Date of birth of person (or proposed patient or patient)

  

Address of premises to be entered

 

I authorise you to enter the premises specified above under section 41(2) of the Act.

District Court Judge or
Registrar (if no Judge is available):

Date:

Schedule 1 form 10: substituted, on 1 April 2000, by regulation 4 of the Mental Health (Forms) Amendment Regulations 2000 (SR 2000/17).

Schedule 1 form 10: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Schedule 2 Regulations revoked

r 10

Mental Health (Fees and Forms) Regulations 1969 (SR 1969/248)
Mental Health (Fees and Forms) Regulations 1969, Amendment No 1 (SR 1974/12)
Mental Health (Fees and Forms) Regulations 1969, Amendment No 7 (SR 1987/277)

Bob MacFarlane,
Acting for Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 29 October 1992.

Reprints notes
1 General

This is a reprint of the Mental Health (Forms) Regulations 1992 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Mental Health (Forms) Amendment Regulations 2017 (LI 2017/306)

Criminal Procedure Act 2011 (2011 No 81): section 413

Policing Act 2008 (2008 No 72): section 116(a)(ii)

Mental Health (Forms) Amendment Regulations 2000 (SR 2000/17)