The Short Title of this Act is “The Inebriates Institutions Act, 1898.”

In this Act, unless inconsistent with the context,—

The Governor in Council may, so soon after the passing of this Act as he shall see fit, and may from time to time, by order in Council, which shall be published in the New Zealand Gazette, direct that any establishment, or any part of any establishment, or any other building the property of the Crown, named in such order, shall be an institution for inebriates, and he may from time to time alter or revoke any such order.

The Governor in Council may from time to time appoint for every institution for inebriates a Superintendent, and such other officers as he thinks necessary.

The Governor in Council may from time to time make, alter, and repeal regulations, which shall be published in the New Zealand Gazette, for the management, supervision, inspection, and regulation of institutions for inebriates, and for the care and treatment and release of, and for the discipline and conduct to be observed by, patients and residents therein, and for the fees payable by patients and residents therein, and for the admission and treatment of patients who are unable to pay fees. Such regulations shall, if the Governor think fit, provide for the separation of the said institution into two divisions, with a different scale of accommodation and of fees to be paid by patients and residents in each division, and such regulations may provide generally for the better carrying-out the purposes of this Act as it affects the said institutions for inebriates, and the officers, patients, and residents therein.

Any person desirous of being committed to an institution or retreat for inebriates may make application to any Judge of the Supreme or District Courts, or to a Stipendiary Magistrate, and such Judge of the Supreme or District Courts, or Stipendiary Magistrate, if he be satisfied that the applicant has habitually used excessive quantities of intoxicating drinks or drugs, and that he is at the time of his application sober, and that he fully understands the nature of his application, may make, in the form in the First Schedule hereto, or to the like effect, an order authorising the conveyance of such person to some institution for inebriates, and his delivery to the Superintendent or other proper officer thereof, and his reception, detention, and curative treatment therein for any term not exceeding twelve months.

Upon the application in the form or to the effect in the Second Schedule hereto of the husband or wife, or any relation or friend, of any person addicted to the habitual use in excess of intoxicating drinks or drugs, any Judge of the Supreme or District Courts, or any Stipendiary Magistrate, may, upon proof to him of the reasonableness of the application, summon such person to appear before him on a day named at his chambers, to show cause why such person should not be committed to an institution for inebriates, and such summons may be in the form or to the effect in the Third Schedule.

If upon the hearing of such summons, in the presence or the absence of the inebriate, it appears that by reason of the excessive use by him of intoxicating drinks or drugs the person summoned is unable to control himself and incapable of managing his affairs, or is dangerous to himself or to others, or is suffering under or recovering from delirium tremens or chronic alcoholism, or is in imminent danger of death from the continuous use of such drinks or drugs; and if two medical practitioners certify, by statutory declaration in the form or to the effect in the Fourth Schedule hereto, in writing, that such person requires curative treatment in an institution for inebriates, the Judge or Stipendiary Magistrate before whom such application is made may make an order, in the form or to the effect in the Fifth Schedule hereto, authorising the apprehension of such person, his conveyance to some institution for inebriates, and his delivery to the Superintendent or other proper officer thereof, and his reception, detention, and curative treatment therein for any term not exceeding twelve months, or such summons may be dismissed with costs against the applicant.

Upon proof being made to any Stipendiary Magistrate that any person is addicted to the habitual use, in excess, of intoxicating liquor or drugs, such Stipendiary Magistrate shall summon such person to appear before him on a day named, or, if such person be present on the occasion when such proof is made, may thereupon call upon him to show cause why be should not be committed to an institution for inebriates, and such summons may be in the form or to the effect in the Third Schedule hereto:

Provided that, in cases where a prohibition order has been issued against any person as provided by section one hundred and sixty-seven of “The Licensing Act, 1881,” such Stipendiary Magistrate may thereupon, without any further proof whatsoever, make an order committing such person to an institution for inebriates for any period not exceeding twelve months.

Every order made in pursuance of this Act, until and unless the same be rescinded by a Judge of the Supreme Court, or any Judge of District Courts, or any Stipendiary Magistrate, upon application made to him in chambers for that purpose, shall be a sufficient authority to all persons acting under and in conformity to such order; and any Judge of the Supreme Court or District Court, or Stipendiary Magistrate, as aforesaid, is hereby authorised, upon application in chambers by or on behalf of the person named in such order, to rescind the same order if he see fit to do so, and the Judge or Stipendiary Magistrate as aforesaid, upon such application, shall make such order as to costs as in each case be thinks fit.

Any person received into any institution for inebriates under any such order as is required by this Act may be detained until the expiration of the time named in such order, or until such order be rescinded, and, in case of escape before the expiration of the time limited in such order, may by virtue of such order be retaken at any time after his escape and before the expiration of the time limited in such order by any officer or servant belonging to such institution for inebriates, or by any constable, or by any person authorised in writing in that behalf by the Superintendent or other manager of the institution for inebriates, and be conveyed to such institution for inebriates and received and detained therein until the expiration or rescission of the said order.

In fixing the rate of payment for maintenance and treatment to be made by the inebriate, the Judge of the Supreme or District Courts or Stipendiary Magistrate (as the case may be) making the order shall fix the scale of fees for maintenance and treatment to be paid by the inebriate in accordance with the scales fixed by the regulations made by the Governor in Council under this Act; and in the case of any inebriate desiring to receive and being willing to pay for the higher scale of accommodation, if such be provided for in the regulations, if the Judge of the Supreme or District Courts or Stipendiary Magistrate making the order be satisfied of the ability of the inebriate to pay for the same, the order for payment for maintenance and treatment shall be upon the higher scale, and in all other cases upon the lower.

All fees payable pursuant to any such order shall be deemed to be money owing to Her Majesty, and may be recovered accordingly.

In any case in which a relative or friend of the inebriate is willing to enter into a security for the due payment by the inebriate of the whole or of any part of the expenses of his maintenance or treatment, it shall be lawful for the Superintendent to accept such security as he deems advisable, and enforce the same by action, in which the Superintendent shall be plaintiff.

In all cases in which, in the opinion of the Superintendent or of any Judge of the Supreme or District Court or Stipendiary Magistrate, it is necessary or desirable for the curative treatment or care of a patient that a second or other subsequent order for detention or treatment, and costs, charges, and expenses, should be made, the Superintendent or any Judge of the Supreme or District Court or Stipendiary Magistrate may make such second or any subsequent order, either before or after the determination of the period of detention under any previous order made under similar circumstances, and upon like evidence, as are hereinbefore provided for in the case of an original order, and no recital of an original or any other order shall be necessary; and every such second or subsequent order shall be in the same form or to the like effect, and shall be dealt with in the same manner, and shall confer the same powers, as an original order under this Act.

If any person illtreats, or, being an officer, servant, or other person employed in or about an institution for inebriates, wilfully; neglects any inebriate detained in such institution, or if any person induces or knowingly assists an inebriate detained in an institution for inebriates to escape therefrom, or if any person without the authority of the Superintendent of the institution for inebriates brings into an institution for inebriates, or without the authority of the Superintendent of such institution, except in case of urgent necessity, gives or supplies to any person detained therein any intoxicating liquor or drug, the person so offending shall, on conviction in a summary way before a Stipendiary Magistrate, be liable to a penalty not exceeding twenty pounds, or, at the discretion of the Court, to be imprisoned for any term not exceeding three months with or without hard labour.

If any inebriate who, in the opinion of the medical officer,: is compos mentis, while detained in any institution, neglects or wilfully refuses to conform to the regulations for the time being in force therein, or is wilfully guilty of any violent, unruly, or destructive conduct, either while detained in any institution or in attempting to escape therefrom, be shall, on conviction in a summary way before a Stipendiary Magistrate, be liable to a penalty not exceeding five pounds, or, at the discretion of the convicting Magistrate, to be detained for a period not exceeding one fortnight in the institution after the expiration of the original term of his detention, for the same purposes and on the same conditions as those on which he was originally detained, and shall also be liable to make good or pay for any damage which he may have caused to property or furniture; and in reckoning the period of his detention, whether original or under this section, the time during which such person has been absent without leave of the Superintendent from the institution shall be excluded from computation.

If any person thinks himself aggrieved by any conviction or order of a Stipendiary Magistrate under this Act he may appeal therefrom, subject to the conditions and provisions with regard to appeal contained in “The Justices of the Peace Act, 1882.”

Any action against any person for anything done in pursuance or execution or intended execution of this Act shall be commenced within two years after the thing done, and not otherwise.

Notice in writing of every such action, and of the cause thereof, shall be given to the intended defendant one month at least before the commencement of the action.