Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

If you need more information about this Act, please contact the administering agency: Ministry of Health
8 Persons who do not have intellectual disability

(1)

A person does not have an intellectual disability simply because the person—

(a)

has a mental disorder; or

(b)

has a personality disorder; or

(c)

has an acquired brain injury; or

(d)

does not feel shame or remorse about the harm that person causes to others.

(2)

To avoid doubt, if—

(a)

a person does not have an intellectual disability, the provisions of this Act relating to compulsory care cannot apply to the person, whether or not the person has any other disability:

(b)

a person does have an intellectual disability, those provisions are not prevented from applying to the person simply because the person also has 1 or more of the characteristics described in subsection (1)(a) to (d).