Mental Health (Compulsory Assessment and Treatment) Act 1992

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Reprint as at 31 January 2018

Mental Health (Compulsory Assessment and Treatment) Act 1992

Public Act		1992 No 46
Date of assent		15 June 1992
Commencement		see section 1(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.

	Title
1	Short Title and commencement
2	Interpretation
2A	Meaning of proposed patient
3	Act to bind Crown
4	General rules relating to liability to assessment or treatment
5	Powers to be exercised with proper respect for cultural identity and personal beliefs
6	Interpreters to be provided
7	Obligation to assign patient to responsible clinician
7A	Practitioner or responsible clinician to consult
	Part 1 Compulsory assessment and treatment
8	Any person may fill out application form
8A	Application for assessment
8B	Certificate to accompany application for assessment
9	Assessment examination to be arranged and conducted
10	Certificate of preliminary assessment
11	Further assessment and treatment for 5 days
12	Certificate of further assessment
13	Further assessment and treatment for 14 days
14	Certificate of final assessment
14A	Documents relating to application for compulsory treatment order
15	Status of patient pending determination of application
16	Review of patient’s condition by Judge
	Part 2 Compulsory treatment orders
17	Applications to be heard and determined wherever practicable by Family Court Judge
18	Judge to examine patient where compulsory treatment order sought
19	Attendance of patient and other persons
20	Right of patient and other persons to be heard and call evidence
21	Court may call for report on patient
22	Evidence
23	Power of court to call witnesses
24	Proceedings not open to public
25	Publication of reports of proceedings
26	Court may dispense with hearing in certain circumstances
27	Court to consider patient’s condition
28	Compulsory treatment orders
29	Community treatment orders
30	Inpatient orders
31	Leave for inpatients
32	Absence without leave
33	Compulsory treatment order to expire after 6 months
34	Court may extend order
35	Release from compulsory status
36	Compulsory treatment order to cease to have effect in certain cases
	Part 3 Advice and assistance
37	Advice and assistance of general nature
38	Assistance when person may need assessment
39	Assistance in respect of outpatients and inpatients on leave
40	Assistance in taking or returning proposed patient or patient to place of assessment or treatment
41	Police assistance
	Part 4 Special patients and restricted patients
	Notice of admission, discharge, and transfer of special patients and restricted patients
42	Notice of admission
43	Notice of events concerning patient
	Collection of biometric information
43A	Collection of biometric information
	Special patients
44	Treatment of special patients generally
45	Application for assessment may be made in respect of persons detained in prisons
46	Detained persons in need of care and treatment
47	Removal of certain special patients to prisons
47A	Removal of certain intellectually disabled patients to facilities
48	Relationship between detention in hospital and sentence
49	Transfer of special patients
50	Leave of special patients
51	Power to direct temporary return to hospital of special patients
52	Director may grant short-term leave
52A	Special patients not to leave hospital or depart from New Zealand without permission
53	Escape and absence without leave
	Restricted patients
54	Patients presenting special difficulties may be drawn to Director’s attention
55	Court may make order declaring patient to be restricted patient
56	Effect of application and order in respect of leave
	Part 5 Compulsory treatment
57	No compulsory treatment except as provided in this Part or in section 110A
58	Treatment while undergoing assessment
59	Treatment while subject to compulsory treatment order
60	Special provision relating to electro-convulsive treatment
61	Special provision relating to brain surgery
62	Urgent treatment
63	Withdrawal of consent
	Part 6 Rights of patients
63A	Rights of proposed patients
64	General rights to information
65	Respect for cultural identity, etc
66	Right to treatment
67	Right to be informed about treatment
68	Further rights in case of visual or audio recording
69	Right to independent psychiatric advice
70	Right to legal advice
71	Right to company, and seclusion
72	Right to receive visitors and make telephone calls
73	Right to receive letters and postal articles
74	Right to send letters and postal articles
75	Complaint of breach of rights
	Part 7 Reviews and judicial inquiries
76	Clinical reviews of persons subject to compulsory treatment orders
77	Clinical reviews of certain special patients
78	Clinical reviews of restricted patients
79	Tribunal reviews of persons subject to compulsory treatment orders
80	Tribunal reviews of certain special patients
81	Tribunal reviews of restricted patients
82	Procedural provisions
83	Appeal against Review Tribunal’s decision in certain cases
84	Judicial inquiry
	Part 8 Special provisions relating to children and young persons
85	Application
86	Assessment examination
87	Age of consent
88	Brain surgery
89	Membership of Review Tribunal
90	Review of patient about to attain age of 17 years
	Part 9 Administration
	Officials
91	Director and Deputy Director of Mental Health
92	Directors of Area Mental Health Services
92A	Delegation by Directors of Area Mental Health Services
92B	Provisions applying to delegations under section 92A
93	Duly authorised officers
94	District inspectors and official visitors
94A	Powers of district inspectors and official visitors
95	Inquiries by district inspector
96	Visitations by district inspectors and official visitors
97	Extent of inspection
98	Reports on visits
98A	District inspectors to report monthly
99	Powers of inspection of Director
99A	No proceedings against district inspectors or official visitors unless bad faith shown
99B	Delegation by persons in charge of hospitals
99C	Crimes of Torture Act 1989 not limited
	Psychiatric security institutions
100	Psychiatric security institutions
	Review Tribunals
101	Review Tribunals
102	Functions and powers of Review Tribunals
103	Co-opting suitable persons
104	Meetings and powers
	Further provisions relating to Review Tribunals
105	Deputies of members
106	Terms of office
107	Convener
108	Fees and travelling allowances
108A	No proceedings against members of Review Tribunals unless bad faith shown
	Part 10 Enforcement and offences
109	Police powers in relation to person appearing to be mentally disordered in public place
110	Powers of medical practitioner when urgent examination required
110A	Power of medical practitioner who issues certificate to sedate when sedation urgently required
110B	Powers of medical practitioner when urgent assessment required
110C	Powers of Police when urgent assistance required
111	Powers of nurse where urgent assessment required
112	Judge may authorise apprehension of patients and proposed patients [Repealed]
113	Authority of person in charge of hospital or service to admit and detain
113A	Judge or Registrar may issue warrants
114	Neglect or ill-treatment of proposed patients and patients
115	Assisting patient on community treatment order not to attend for treatment
115A	Assisting patient on inpatient order to be absent without leave
116	Unlawful publication of reports of proceedings before Review Tribunal
117	Obstruction of inspection
118	False or misleading certificates
119	Further offences involving false or misleading documents, etc
120	Who may commence proceedings
121	General penalty
122	Matters of justification or excuse
122A	Certain sections of Crimes Act 1961 apply to powers to take and retake
122B	Use of force
	Part 11 Miscellaneous provisions
123	Vetting of incoming mail
124	Vetting of outgoing mail
125	Procedure where letter withheld
126	Patient’s pocket money [Repealed]
127	Transfer of patients
128	Removal from New Zealand
129	Registers and records
130	Director-General may promulgate standards
131	Notices to Director-General
132	Notice of death
133	Giving or sending documents
133A	Forms
134	Fees of medical practitioners
135	Regulations
136	Application of other Acts
137	Repeals and consequential amendments
138	Savings [Repealed]
139	Criminal Justice Act 1985 amended
140	Armed Forces Discipline Act 1971 amended
	Part 12 Transitional provisions
141	Persons detained under section 19 of Mental Health Act 1969
142	Proceedings for reception order commenced but not completed
143	Reception orders
144	Committed patients on leave
145	Special patients
146	Persons detained as committed patients pursuant to Criminal Justice Act 1985
	Schedule 1 Procedural provisions relating to Review Tribunals
	Schedule 2 Enactments repealed
	Schedule 3 Enactments amended
	Schedule 4 Amendments to Criminal Justice Act 1985 [Repealed]
	Schedule 5 Amendments to Armed Forces Discipline Act 1971
	Reprint notes

An Act to redefine the circumstances in which and the conditions under which persons may be subjected to compulsory psychiatric assessment and treatment, to define the rights of such persons and to provide better protection for those rights, and generally to reform and consolidate the law relating to the assessment and treatment of persons suffering from mental disorder

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Mental Health (Compulsory Assessment and Treatment) Act 1992

Mental Health (Compulsory Assessment and Treatment) Act 1992

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