Title
1 Short Title and commencement
Part 1Amendments to principal Act
2 Interpretation
3 Meaning of proposed patient
2A
4 General rules relating to liability to assessment or treatment
5 Powers to be exercised with proper respect for cultural identity and personal beliefs
5
6 Interpreters to be provided
6
7 Medical practitioner or responsible clinician to consult
7A
8 New sections substituted
8 Any person may fill out application form
8A Application for assessment
8B Medical practitioner's 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
11
12 Certificate of further assessment
13 Further assessment and treatment for 14 days
13
14 Certificate of final assessment
15 Documents relating to application for compulsory treatment order
14A
16 Review of patient's condition by Judge
17 Judge to examine patient when compulsory treatment order sought
18 Court may call for report on patient
19 Power of Court to call witnesses
20 Restriction of publication of reports of proceedings
21 Compulsory treatment orders
22 Community treatment orders
23 Absence without leave
24 Court may extend order
25 Compulsory treatment order to cease to have effect in certain cases
26 New Part heading substituted
27 Assistance when person may need assessment
38
28 Assistance in respect of outpatients and inpatients on leave
29 Assistance in taking or returning proposed patient or patient to place of assessment or treatment
40
30 Police assistance
41
31 New sections substituted
42 Notice of admission
43 Notice of events concerning patient
32 Application for assessment may be made in respect of persons detained in institutions
33 Relationship between detention in hospital and sentence
48
34 Absence without leave
35 No compulsory treatment except as provided in this Part or in section 110A
57
36 Treatment while undergoing assessment
37 Rights of proposed patients
63A
38 Further rights in case of visual or audio recording
39 Right to independent psychiatric advice
40 Clinical reviews of patients subject to compulsory treatment orders
41 Clinical reviews of certain special patients
42 Clinical reviews of restricted patients
43 Tribunal reviews of patients subject to compulsory treatment orders
44 Judicial inquiry
45 Assessment examination
46 New sections substituted
92 Directors of Area Mental Health Services
92A Delegation by Directors of Area Mental Health Services
92B Provisions applying to delegations under section 92A
47 District inspectors and official visitors
48 Powers of district inspectors and official visitors
94A
49 Inquiries by district inspector
50 Visitations by district inspectors and official visitors
51 Extent of inspection
52 New sections substituted
98 Reports on visits
98A District inspectors to report monthly
53 No proceedings against district inspectors or official visitors unless bad faith shown
99A
54 Delegation by persons in charge of hospitals
99B
55 Functions and powers of Review Tribunals
56 Convener
57 Fees and travelling allowances
58 No proceedings against members of Review Tribunals unless bad faith shown
108A
59 Police powers in relation to person appearing to be mentally disordered in public place
60 New sections substituted
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
61 Powers of nurse when urgent assessment required
62 Judge may authorise apprehension of patients and proposed patients
63 Authority of person in charge of hospital or service to admit and detain
113
64 Judge or Registrar may issue warrants
113A
65 New sections substituted
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
66 Unlawful publication of reports of proceedings before Review Tribunal
116
67 Matters of justification and excuse
68 New sections inserted
122A Certain sections of Crimes Act 1961 apply to powers to take and retake
122B Use of force
69 Patient's pocket money
70 Transfer of patients
71 Registers and records
72 Notice of death
73 New sections substituted
133 Giving or sending documents
133A Forms
74 Fees of medical practitioners
134
75 Schedule 1 amended
76 Consequential amendments
Part 2Amendments to other enactments
77 Amendment to Summary Proceedings Act 1957
78 Amendment to Victims of Offences Act 1987
11A Notification of compulsorily detained person's escape or discharge
79 Amendment to Coroners Act 1988 [Repealed]
ScheduleConsequential amendments to principal Act
An Act to amend the Mental Health (Compulsory Assessment and Treatment) Act 1992
BE IT ENACTED by the Parliament of New Zealand as follows: