Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999

1: Short Title and commencement
1: This Act may be cited as the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999, and is part of the Mental Health (Compulsory Assessment and Treatment) Act 1992 the principal Act
2: This Act comes into force on 1 April 2000.
1: Amendments to principal Act
2: Interpretation
1: Section 2(1) duly authorised officer First period
a: That begins with the date on which the patient receives a notice under section 11(1)
b: That ends when 5 clear days have passed after that date: .
2: Section 2(1) penal institution Person in charge
3: Section 2(1) principal caregiver Proposed patient section 2A .
4: Section 2(1) restricted patient Second period
a: That begins with the date on which the patient receives a notice under section 13(1)
b: That ends when 14 clear days have passed after that date: .
5: Section 2(1) special patient Special patient
a: A person who is subject to an order made under—
i: Section 115(1) or section 121(2)(b)(ii) or (11) of the Criminal Justice Act 1985
ii: The proviso to section 171(3) of the Summary Proceedings Act 1957
b: A person who is remanded to a hospital under section 115(4) of the Criminal Justice Act 1985
c: A person who—
i: Is detained in a hospital, either following an application under section 45(2) or under section 46
ii: Has not ceased, under section 48 .
6: Section 2(2)
3: Meaning of
proposed patient The principal Act is amended by inserting, after section 2
2A: A person—
a: Starts being a proposed patient when an application is made under section 8A
b: Stops being a proposed patient when a medical practitioner records a finding—
i: Under section 10(1)(b)(i)
ii: Under section 10(1)(b)(ii)
4: General rules relating to liability to assessment or treatment
Section 4 paragraph (e)
e: Intellectual disability.
5: Powers to be exercised with proper respect for cultural identity and personal beliefs
The principal Act is amended by repealing section 5
5:
1: This section applies to—
a: A court, tribunal, or person exercising a power under this Act in respect of a person; and
b: A court or tribunal conducting proceedings under this Act in respect of a person.
2: The power must be exercised, or the proceedings conducted,—
a: With proper recognition of the importance and significance to the person of the person's ties with his or her family, whanau, hapu, iwi, and family group; and
b: With proper recognition of the contribution those ties make to the person's wellbeing; and
c: With proper respect for the person's cultural and ethnic identity, language, and religious or ethical beliefs.
6: Interpreters to be provided
The principal Act is amended by repealing section 6
6:
1: This section applies to—
a: A court, tribunal, or person exercising a power under this Act in respect of a person; and
b: A court or tribunal conducting proceedings under this Act in respect of a person.
2: The court, tribunal, or person must ensure that the services of an interpreter are provided for the person, if—
a: One of the following applies:
i: The first or preferred language of the person is a language other than English, including Maori and New Zealand Sign Language; or
ii: The person is unable, because of physical disability, to understand English; and
b: It is practicable to provide the services of an interpreter.
3: The court, tribunal, or person must ensure, as far as reasonably practicable, that the interpreter provided is competent.
7: Medical practitioner or responsible clinician to consult
The principal Act is amended by inserting, after section 7
7A:
1: In this section, practitioner
a: A medical practitioner conducting an assessment examination of a proposed patient under section 9
b: A responsible clinician providing an assessment of, or treatment to, a patient.
2: A practitioner must consult the family or whanau of the proposed patient or patient. This subsection is subject to subsection (3)
3: Subsection (2)
a: Is not reasonably practicable; or
b: Is not in the best interests of the proposed patient or patient.
4: In deciding whether or not consultation with the family or whanau is in the best interests of a proposed patient or patient the practitioner must consult the proposed patient or patient.
5: A practitioner must apply any relevant guidelines and standards of care and treatment issued by the Director General of Health under section 130
a: Deciding when and how to consult the family or whanau, or the proposed patient or patient; and
b: Deciding whether or not consultation with the family or whanau is reasonably practicable; and
c: Deciding whether or not consultation with the family or whanau is in the best interests of the proposed patient or patient.
8: New sections substituted
The principal Act is amended by repealing section 8
8: Any person may fill out application form
1: Anyone who believes that a person may be suffering from a mental disorder may at any time fill out an application form asking the Director of Area Mental Health Services for an assessment of the person.
2: An application is made under section 8A when the Director of Area Mental Health Services receives a filled out application form that complies with section 8A
3: In sections 8A and 8B
a: The person who fills out the application form is called the applicant
b: The person who is the subject of the application is called the person
8A: Application for assessment
An application is made under this section when the Director of Area Mental Health Services receives a filled out application form that complies with the following:
a: It is accompanied by a certificate issued under section 8B
b: It states that the applicant is 18 years or over; and
c: It states that the applicant has personally seen the person within the 3 days immediately before the date of the application; and
d: It states the relationship or association of the applicant with the person; and
e: It states the grounds on which the applicant believes the person to be suffering from a mental disorder.
8B: Medical practitioner's certificate to accompany application for assessment
1: This section applies when—
a: A medical practitioner is asked, by an applicant, to issue a certificate to accompany the application form; or
b: A medical practitioner is the applicant and wishes to issue a certificate to accompany his or her application form.
2: A medical practitioner to whom subsection (1)(a)
3: A medical practitioner to whom subsection (1)(b)
4: The medical practitioner must—
a: Examine the person; and
b: If he or she considers that there are reasonable grounds for believing that the person may be suffering from a mental disorder, issue the certificate.
5: The certificate must—
a: State that the medical practitioner has examined the person:
b: State the date of the examination:
c: State that the medical practitioner considers that there are reasonable grounds for believing that the person may be suffering from a mental disorder:
d: Set out full particulars of the reasons for that opinion, explaining in what way the medical practitioner believes that the person's condition may come within the statutory definition of mental disorder:
e: State that the medical practitioner is not related to the person or to the applicant (except when the medical practitioner is the applicant).
9: Assessment examination to be arranged and conducted
1: Section 9(2)(e) patient proposed
2: Section 9(3)
a: Omitting the word gave issued
b: Omitting the words referred to in section 8(3) of this Act under section 8B(4)(b)
3: Section 9 subsection (4)
4: For the purposes of subsection (1) section 8A section 8B(4)(b) section 8A
10: Certificate of preliminary assessment
1: Section 10(1) paragraph (b)
b: That, in his or her opinion,—
i: The proposed patient is not mentally disordered; or
ii: There are reasonable grounds for believing that the proposed patient is mentally disordered and that it is desirable that the proposed patient be required to undergo further assessment and treatment.
2: Section 10(2)(c) proposed
3: Section 10(2)(d) section 8 of this Act section 8A
4: Section 10 subsection (3)
3: If the medical practitioner is of the opinion that the proposed patient is not mentally disordered, that person is free from further assessment and treatment under this Part (without prejudice to the making of a further application under section 8A
11: Further assessment and treatment for 5 days
The principal Act is amended by repealing section 11
11:
1: If the medical practitioner records a finding under section 10(1)(b)(ii)
2: In the notice, the medical practitioner must—
a: Require the patient to attend at the patient's place of residence, or at some other place nominated in the notice, for the purposes of assessment and treatment throughout the first period; or
b: If the medical practitioner considers that the patient cannot be further assessed and treated adequately as an outpatient, direct that the patient be admitted to and detained in a specified hospital for the purposes of assessment and treatment throughout the first period.
3: If, at any time during the first period, the responsible clinician considers that a patient who is an outpatient cannot continue to be assessed and treated adequately as an outpatient, the clinician may give a written notice—
a: Directing the patient to present himself or herself at a specified hospital to be admitted and detained for the purposes of assessment and treatment during the remainder of the first period; and
b: Directing the person in charge of the hospital to admit and detain the patient for the purposes of assessment and treatment during the remainder of the first period.
4: If, at any time during the first period, the responsible clinician considers that a patient who is an inpatient can continue to be assessed and treated adequately as an outpatient, the clinician must give a written notice—
a: Directing the person in charge of the hospital to discharge the patient; and
b: Directing the patient to attend at the patient's place of residence, or at some other place nominated in the notice, for the purposes of assessment and treatment during the remainder of the first period.
5: If, at any time during the first period, the responsible clinician considers that a patient who is an inpatient is fit to be granted leave of absence from the hospital, the clinician may grant the patient leave on such terms and conditions as the clinician thinks fit. The clinician must ensure that the following records are made:
a: If the leave is for a period of up to 8 hours on 1 day between 8 am and 10 pm, the grant of leave, and its terms and conditions, must be recorded in the patient's clinical records:
b: If the leave is other than as described in paragraph (a)
i: In the patient's clinical records; and
ii: In a written notice given to the patient and to the person in charge of the hospital.
6: If, at any time during the first period, the responsible clinician considers that a patient is fit to be released from compulsory status, the clinician must give a written notice to the patient and, if necessary, to the person in charge of the hospital directing that the patient be released from that status immediately.
7: At any time during the first period, the patient, or a person specified in section 10(4)(a)(ii) to (v) section 16
12: Certificate of further assessment
Section 12(12) of assessment and treatment (as so defined)
13: Further assessment and treatment for 14 days
The principal Act is amended by repealing section 13
13:
1: If the responsible clinician records a finding under section 12(1)(b)(ii)
2: In the notice, the responsible clinician must—
a: Require the patient to attend at the patient's place of residence, or at some other place nominated in the notice, for the purposes of assessment and treatment throughout the second period; or
b: If the responsible clinician considers that the patient cannot be further assessed and treated adequately as an outpatient, direct that the patient be admitted to and detained in a specified hospital for the purposes of assessment and treatment throughout the second period.
3: If, at any time during the second period, the responsible clinician considers that a patient who is an outpatient cannot continue to be assessed and treated adequately as an outpatient, the clinician may give a written notice—
a: Directing the patient to present himself or herself at a specified hospital to be admitted and detained for the purposes of assessment and treatment during the remainder of the second period; and
b: Directing the person in charge of the hospital to admit and detain the patient for the purposes of assessment and treatment during the remainder of the second period.
4: If, at any time during the second period, the responsible clinician considers that a patient who is an inpatient can continue to be assessed and treated adequately as an outpatient, the clinician must give a written notice—
a: Directing the person in charge of the hospital to discharge the patient; and
b: Directing the patient to attend at the patient's place of residence, or at some other place nominated in the notice, for the purposes of assessment and treatment during the remainder of the second period.
5: If, at any time during the second period, the responsible clinician considers that a patient who is an inpatient is fit to be granted leave of absence from the hospital, the clinician may grant the patient leave on such terms and conditions as the clinician thinks fit. The clinician must ensure that the following records are made:
a: If the leave is for a period of up to 8 hours on 1 day between 8 am and 10 pm, the grant of leave, and its terms and conditions, must be recorded in the patient's clinical records:
b: If the leave is other than as described in paragraph (a)
i: In the patient's clinical records; and
ii: In a written notice given to the patient and to the person in charge of the hospital.
6: If, at any time during the second period, the responsible clinician considers that a patient is fit to be released from compulsory status, the clinician must give a written notice to the patient and, if necessary, to the person in charge of the hospital directing that the patient be released from that status immediately.
14: Certificate of final assessment
1: Section 14 subsections (4) to (7)
4: If the responsible clinician is of the opinion that the patient is not fit to be released from compulsory status, the clinician must, before the expiry of the second period, apply to the Court for the making of a compulsory treatment order under Part II
2: The principal Act is amended by—
a: Omitting from section 17(1) section 14(4)(a) section 14(4)
b: Omitting from section 18(1) section 14(4)(a) section 14(4)
c: Omitting; from section 34(3) section 14(4)(a) section 14(4)
15: Documents relating to application for compulsory treatment order
1: The principal Act is amended by inserting, after section 14
14A:
1: In this section, the documents
a: A copy of the certificate of final assessment relating to a patient who is the subject of an application under section 14(4)
b: A statement of the legal consequences of the finding set out in the certificate of final assessment; and
c: A statement of the right of the person receiving the documents to appear before the Court and be heard in respect of the application.
2: A responsible clinician who applies to the Court under section 14(4)
a: Any welfare guardian of the patient:
b: The applicant for assessment:
c: The patient's principal caregiver:
d: The medical practitioner who usually attended the patient immediately before the patient was required to undergo assessment and treatment under this Part:
e: The Director of Area Mental Health Services:
f: A district inspector:
g: An official visitor.
3: A Director of Area Mental Health Services who receives the documents must ensure that the following material is given to the patient:
a: A copy of the documents; and
b: A notice requiring the patient to attend at a place specified in the notice for an examination under section 18
c: A notice requiring the patient to attend at the Court hearing of the application for the compulsory treatment order under section 19
4: A district inspector who receives the documents must—
a: Communicate with the patient and find out, if possible, whether or not the patient wants the district inspector to appear before the Court to be heard on the application for a compulsory treatment order. The district inspector 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 the district inspector should appear before the Court to be heard on the application for a compulsory treatment order.
5: Instead of performing personally the functions specified in subsection (4)
2: The principal Act is amended by—
a: Omitting from section 19(6) , section 14A
b: Omitting from section 24(1)(e) section 14(4)(b) section 14A
16: Review of patient's condition by Judge
1: Section 16 subsection (1)
1: When an application is made to the Court under section 11(7) or section 12(7) or section 12(12)
a: Subsection (1B)
b: Subsection (1C)
1A: When an application is made under section 29(4) subsection (1B)
1B: When this subsection applies,—
a: The Court must grant the application; and
b: A Judge must examine the patient as soon as practicable; and
c: Subsections (2) to (7)
1C: When this subsection applies, a Judge must decide whether or not to grant the application. In making this decision, the Judge must have regard to any evidence before the Judge that indicates that the patient's condition has not changed since the last review.
2: Section 16 subsection (3)
3: The Judge must do the following things before and during the examination, as appropriate and practicable:
a: Identify himself or herself to the patient; and
b: Explain to the patient the purpose of the visit; and
c: Discuss with the patient the patient's situation, the proposed course of assessment and treatment, and the patient's views on these matters.
17: Judge to examine patient when compulsory treatment order sought
Section 18 subsection (3)
3: The Judge must do the following things before and during the examination, as appropriate and practicable:
a: Identify himself or herself to the patient; and
b: Explain to the patient the purpose of the visit; and
c: Discuss with the patient the patient's situation, the proposed course of assessment and treatment, and the patient's views on these matters.
18: Court may call for report on patient
Section 21 subsections (5) to (7)
5: Any party to the proceedings may tender evidence on any matter referred to in any such report.
6: The Court may call the person making the report as a witness, either on its own initiative or on the application of any party to the proceedings.
7: A Court that requests a person to prepare a report must make 1 of the orders described in subsection (8) subsection (8)(a)
8: The orders are—
a: An order for the fees and expenses of the person to be paid by any party or parties to the proceedings, as the Court orders:
b: An order for the fees and expenses of the person to be met from any appropriation by Parliament for the purpose.
19: Power of Court to call witnesses
Section 23 subsection (5)
5: The expenses of any witness called by the Court under this section must be met, in accordance with the prescribed scale of witnesses' expenses, in the first instance from any appropriation by Parliament for the purpose.
20: Restriction of publication of reports of proceedings
Section 25 subsection (2)
2: A person who contravenes subsection (1)
21: Compulsory treatment orders
1: Section 28(3)
a: By omitting the expression sections 11 and 12 of this Act sections 13 and 14
b: By omitting the expression sections 13 to 27 of this Act sections 15 to 27
2: Section 28 subsection (4)
4: Before the Court makes a community treatment order, it must be satisfied of the following:
a: The service provides care and treatment on an outpatient basis that is appropriate to the needs of the patient. ( The service
b: The social circumstances of the patient are adequate for his or her care within the community.
22: Community treatment orders
1: Section 29(1) institution or
2: Section 29(2) institution or
3: Section 29 subsection (3)
3: If, at any time during the currency of the community treatment order, the responsible clinician considers that the patient cannot continue to be treated adequately as an outpatient, the responsible clinician may direct that the patient—
a: Be treated as an inpatient for a period of up to 14 days; or
b: Be re-assessed in accordance with sections 13 and 14.
4: The following provisions apply when a responsible clinician gives such a direction:
a: When the direction is given under subsection (3)(a)
b: When the direction is given under subsection (3)(b)
i: The community treatment order ceases to have effect; and
ii: Sections 13 to 15 and 17 to 27
c: When the direction is given under subsection (3)(a) or (b) section 10(4)(a)(ii) to (v) section 16
5: The responsible clinician may not give a direction under subsection (3)(a)
6: As soon as practicable after giving a direction under subsection (3)
a: Any welfare guardian of the patient:
b: The patient's principal caregiver:
c: The medical practitioner who usually attended the patient immediately before the patient was required to undergo assessment and treatment under Part I
d: A district inspector:
e: An official visitor.
23: Absence without leave
Section 32(2) returned taken back
24: Court may extend order
Section 34 subsection (3)
3: The Court must treat the application as if it were an application made under section 14(4) Sections 15 and 17 to 33
25: Compulsory treatment order to cease to have effect in certain cases
Section 36(2)(a) section 115 or section 118 section 115(1) or section 118(1)
26: New Part heading substituted
The principal Act is amended by omitting the heading to Part 3 ADVICE AND ASSISTANCE
27: Assistance when person may need assessment
The principal Act is amended by repealing section 38
38:
1: Anyone who believes that a person may be suffering from a mental disorder may at any time request the assistance of a duly authorised officer.
2: The duly authorised officer who receives the request must—
a: Investigate the matter to the extent necessary to satisfy himself or herself—
i: That the concern expressed by the maker of the request is genuine; and
ii: That there are reasonable grounds for believing that the person to whom the request relates may be suffering from a mental disorder; and
b: Decide, on reasonable grounds, whether or not the person needs to have a medical examination urgently in the person's own interests or the interests of any other person.
3: If the duly authorised officer decides that the person needs to have a medical examination, but not urgently, he or she must—
a: Arrange, or assist in arranging, for a medical practitioner to examine the person with a view to issuing a certificate under section 8B(4)(b)
b: Once such a certificate is issued, assist someone else to apply under section 8A
c: Arrange for an assessment examination to be conducted under section 9
4: If the duly authorised officer decides that the person needs to have a medical examination urgently, he or she must—
a: Try to get a medical practitioner to come to the person to examine him or her with a view to issuing a certificate under section 8B(4)(b)
b: If a medical practitioner is available to come to the person, take all reasonable steps to ensure that the medical practitioner is able to examine the person, including calling for police assistance under section 41
c: If no medical practitioner is available to come to the person, try to get the person to go willingly to a medical practitioner; and
d: If the person refuses to go willingly to a medical practitioner, take all reasonable steps to—
i: Take the person to a medical practitioner, including calling for police assistance under section 41
ii: Ensure that the medical practitioner is able to examine the person, including calling for police assistance under section 41
e: Once a certificate is issued under section 8B(4)(b) section 8A
f: Arrange for an assessment examination to be conducted under section 9
5: A duly authorised officer who receives a request need not comply with subsections (3)(a) or (4)(a) to (d) section 8B(4)(b)
6: A medical practitioner doing an examination under subsections (3)(a) or (4)(b) or (d) section 8B(4)(b)
28: Assistance in respect of outpatients and inpatients on leave
Section 39 subsection (2)
2: Anyone may at any time request the advice or assistance of a duly authorised officer in relation to any aspect of the care, treatment, or conduct of a patient to whom this section applies.
29: Assistance in taking or returning proposed patient or patient to place of assessment or treatment
The principal Act is amended by repealing section 40
40:
1: This section applies to—
a: Every proposed patient or patient who—
i: Is required to attend at any place for—
A: An assessment examination under section 9
B: An assessment to which a notice given under section 11 or section 13
C: An examination to which a notice given under section 14A(3)(b)
D: A hearing to which a notice given under section 14A(3)(c)
E: A review to which a notice given under section 76(1A)
ii: Is refusing to attend at that place; and
b: Every patient who—
i: Is subject to a community treatment order; and
ii: Is refusing to attend at a place for treatment in accordance with the order; and
c: Every patient who—
i: Is subject to an inpatient order; and
ii: Is absent from the hospital—
A: Without leave; or
B: When the patient's leave of absence from the hospital has expired or has been cancelled.
2: On becoming aware of a proposed patient or patient to whom this section applies, a duly authorised officer may take all reasonable steps to—
a: Take a proposed patient or patient referred to in subsection (1)(a) or (b)
b: Take a patient referred to in subsection (1)(c)
30: Police assistance
The principal Act is amended by repealing section 41
41:
1: A duly authorised officer who is intending or attempting to do any thing specified in section 38(4)(b) or (d) or section 40(2)
2: A member of the police called to the assistance of a duly authorised officer for the purposes described in section 38(4)(b) or (d) or section 40(2)
a: May enter the premises where the person or proposed patient or patient is; and
b: Must, if that member is not in uniform, produce to a person in actual occupation of the premises his or her badge or other evidence that he or she is a member of the police.
3: A member of the police who enters premises under subsection (2) section 38(4)(b)
a: 6 hours; and
b: The time it takes to conduct the medical examination.
4: A member of the police who enters premises under subsection (2) section 38(4)(d)
a: Take the person to the place at which he or she is to have a medical examination; and
b: Detain the person at the place for the shorter of—
i: 6 hours; and
ii: The time it takes to conduct the medical examination.
5: A member of the police who enters premises under subsection (2) section 40(2)(a)
a: Take the proposed patient or patient to the place at which he or she is required to attend; and
b: Detain the proposed patient or patient at the place for the shorter of—
i: 6 hours; and
ii: The time it takes to conduct whichever of the following the proposed patient or patient was refusing to attend for:
A: An assessment examination under section 9
B: An assessment to which a notice given under section 11 or section 13
C: An examination to which a notice given under section 14A(3)(b)
D: A review to which a notice given under section 76(1A)
E: Treatment in accordance with a community treatment order.
6: A member of the police who enters premises under subsection (2) section 40(2)(b)
7: The member of the police must not exercise the power in subsection (2)
31: New sections substituted
The principal Act is amended by repealing sections 42 43
42: Notice of admission
1: The Director of Area Mental Health Services must ensure that the person in charge of a hospital to which a special patient or a restricted patient is admitted sends the information described in subsection (2)
2: The information is—
a: Notice of the admission:
b: A copy of the order on which the patient was admitted:
c: A copy of every medical certificate and other document that accompanied the order:
d: A statement of both the mental condition and the physical condition of the patient at the time of the patient's admission.
3: The person in charge of the hospital must send the information within 14 days after the patient is admitted.
43: Notice of events concerning patient
1: The Director of Area Mental Health Services must ensure that the person in charge of a hospital sends a notice to the Director of any of the events described in subsection (2)
2: The events are—
a: Discharge from the hospital:
b: Transfer from the hospital:
c: Absence on leave from the hospital:
d: Cancellation of leave from the hospital:
e: Return from leave:
f: Escape from the hospital:
g: Retaking after an escape.
3: The person in charge of the hospital must send the information within 14 days after the event occurs.
32: Application for assessment may be made in respect of persons detained in institutions
1: Section 45 subsections (2) (3)
2: The superintendent of an institution, or any other officer of the institution authorised by the superintendent, may make an application under section 8A
3: An application under subsection (2) Parts I and II
a: If the detained person is already subject to the process described in sections 9 to 16
b: If the detained person is already subject to a compulsory treatment order, and section 36
c: If neither paragraph (a) nor paragraph (b) Parts I and II subsection (4)
2: Section 45(4) An application under subsection (3) of this section subsection (2) of section 8 of this Act subsection (3) of that section Parts I and II of this Act The modifications referred to in subsection (3)(c)
3: Section 45 subsection (5)
5: Neither the making of an application under subsection (2)
33: Relationship between detention in hospital and sentence
The principal Act is amended by repealing section 48
48:
1: For the purposes of this section,—
a: A reference to a person means a person who—
i: Is detained in a hospital, either following an application under section 45(2) or under section 46
ii: Having been so detained, is on leave:
b: A reference to leave means leave under section 50 or section 52
c: A reference to a sentence means a sentence, an order of committal, or an order of detention:
d: Liability to detention under a sentence ceases—
i: As determined under section 90 of the Criminal Justice Act 1985
ii: When a direction for release given by the Parole Board under section 97 of that Act
iii: When the sentence is determined.
2: The term of a sentence applicable to a person immediately before his or her admission to hospital—
a: Continues to run while the person is in a hospital or is on leave; and
b: Ceases to run if, before the person's liability to detention under the sentence ceases,—
i: He or she escapes from a hospital; or
ii: He or she fails to return on the expiry or cancellation of leave; and
c: Does not begin to run again until the person is retaken.
3: The person ceases to be detained as a special patient at the time he or she ceases to be liable to be detained under any sentence and,—
a: If at that time he or she is a person who is subject to the process described in sections 9 to 16 section 45(2)
b: If at that time he or she is a person who is subject to a compulsory treatment order as the result of an application under section 45(2)
c: If at that time he or she is a person in the hospital under section 46
34: Absence without leave
Section 53 returned taken
35: No compulsory treatment except as provided in this Part or in
section 110A The principal Act is amended by repealing section 57
57: A proposed patient or patient may refuse consent to any form of treatment for mental disorder, except as provided in this Part or in section 110A
36: Treatment while undergoing assessment
Section 58 person patient
37: Rights of proposed patients
The principal Act is amended by inserting, before section 64
63A: In sections 64(1), 64(2)(a), 65 to 72, and 75 patient
38: Further rights in case of visual or audio recording
Section 68(3)(c) service hospital or
39: Right to independent psychiatric advice
Section 69 choice in order to get a second opinion
40: Clinical reviews of patients subject to compulsory treatment orders
1: Section 76 subsection (1)
1A: The responsible clinician must ensure that, before each review, a notice is given to the patient requiring him or her to attend at a place specified in the notice for the examination under subsection (2)
2: Section 76(7)(a)
3: Section 76 subsection (9)
9: The district inspector who receives a copy of the certificate of clinical review 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 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.
41: Clinical reviews of certain special patients
Section 77
a: By omitting from subsection (1) section 115 section 115(1)
b: By repealing subsection (3)(b)(i)
c: By repealing subsection (4)(b)(i)
42: Clinical reviews of restricted patients
Section 78(4)(a)
43: Tribunal reviews of patients subject to compulsory treatment orders
Section 79
a: By repealing subsection (2)(b)
b: By repealing subsections (5) (6)
5: On receiving an application, the convener must—
a: Arrange for the Review Tribunal to review the patient's condition; and
b: Arrange for the review to start as soon as practicable after the receipt of the application and not later than 21 days after the receipt of the application.
6: The Review Tribunal may—
a: Extend the period specified in subsection (5)(b)
b: Refuse to consider an application, if—
i: It has considered an application for review of the patient's condition within the preceding 3 months, and has no reason to believe that there has been any change in the patient's condition in the intervening period; or
ii: It is satisfied that an application made by a relative or friend of the patient is made otherwise than in the interests of the patient:
c: Adjourn a hearing that is in progress.
44: Judicial inquiry
1: Section 84(4) section 115 section 115(1)
2: Section 84(5) section 115 section 115(1)
45: Assessment examination
Section 86 person proposed patient
46: New sections substituted
The principal Act is amended by repealing section 92
92: Directors of Area Mental Health Services
1: The Director-General of Health must—
a: Appoint as many Directors of Area Mental Health Services as the Director-General considers necessary; and
b: Determine the terms and condition on which each Director of Area Mental Health Services is appointed, including every area for which each Director of Area Mental Health Services is responsible; and
c: Publish a notice in the Gazette
2: The Director-General of Health may—
a: Appoint Directors of Area Mental Health Services from time to time; and
b: Appoint a Director of Area Mental Health Services to replace a previously appointed Director of Area Mental Health Services from time to time.
3: A person appointed under this section may at any time be suspended or removed from office by the Director-General of Health for any of the following proved to the satisfaction of the Director-General:
a: Failure to perform adequately the duties of the office; or
b: Neglect of duty; or
c: Misconduct; or
d: Inability to perform the duties of the office.
4: Every Director of Area Mental Health Services must, every 3 months,—
a: Prepare a written report on the exercise of his or her powers, duties, and functions under this Act for the previous 3 months; and
b: Give the report to the Director.
92A: Delegation by Directors of Area Mental Health Services
1: A Director of Area Mental Health Services may delegate any of his or her powers, duties, and functions, except this power of delegation, to a person who—
a: Is suitably qualified to exercise it; and
b: Is approved for the purpose by the Director or Deputy Director.
2: A Director of Area Mental Health Services who makes such a delegation, or his or her delegate, must tell the Director or Deputy Director—
a: When the Director of Area Mental Health Services is intending to be, or is, absent from duty because he or she is ill or because he or she is on approved leave; and
b: Who the delegate is; and
c: When the delegation is revoked.
92B: Provisions applying to delegations under section 92A
1: This section applies to a delegation made under section 92A
2: The maker of a delegation must make it in writing and sign it.
3: The maker of a delegation is not prevented from exercising, or affected in his or her exercise of, any of the delegated powers, duties, or functions.
4: The delegate may exercise the powers, duties, and functions—
a: Only when the maker of the delegation is absent from duty because he or she is ill or because he or she is on approved leave; but
b: Otherwise in the same manner and with the same effect as if they had been conferred on the delegate directly by this Act.
5: Every person purporting to act under a delegation is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.
6: A delegation continues in force according to its tenor until it is revoked.
7: If the maker ceases to hold office, the delegation continues to have effect as if made by the successor in office of the maker.
8: The maker, or a successor, may revoke the delegation at any time by written notice to the delegate.
47: District inspectors and official visitors
Section 94 subsections (5) (6)
5: A person appointed under this section as a district inspector or an official visitor holds office for a term of 3 years.
6: A person appointed under this section as a deputy district inspector holds office for a specified term of up to 3 years.
7: A person appointed under this section—
a: Is eligible for reappointment from time to time:
b: May be replaced from time to time:
c: May at any time be suspended or removed from office by the Minister for any of the following proved to the satisfaction of the Minister:
i: Failure to perform adequately the duties of the office; or
ii: Neglect of duty; or
iii: Misconduct; or
iv: Inability to perform the duties of the office.
48: Powers of district inspectors and official visitors
The principal Act is amended by inserting, after section 94
94A:
1: Every district inspector and official visitor has—
a: The powers, duties, and functions conferred or imposed on holders of those offices by this Act; and
b: Such other powers, duties, and functions as may be conferred or imposed on them by the Director in writing in, and for the purpose of dealing with, situations of urgency.
2: A deputy district inspector—
a: Has—
i: The powers, duties, and functions conferred or imposed on a district inspector by this Act; and
ii: Such other powers, duties, and functions as may be conferred or imposed on a district inspector by the Director in writing in, and for the purpose of dealing with, situations of urgency; but
b: May exercise any such power, duty, or function only at the direction of—
i: The district inspector to whom he or she is the deputy; or
ii: The Director.
49: Inquiries by district inspector
Section 95(1) other service service
50: Visitations by district inspectors and official visitors
1: Section 96 subsection (1)
1: Every district inspector and every official visitor must visit each of the hospitals and services in the locality to which the district inspector or official visitor is appointed at the following times:
a: A hospital or service in or through which any patient is being assessed or treated as an inpatient must be visited at least once a month:
b: A hospital or service in or through which any patient is being assessed or treated as an outpatient must be visited at least 4 times a year at regular intervals and when the Director directs.
2: Section 96(2) other service service
51: Extent of inspection
1: Section 97(1) other service service
2: Section 97(2) other service service
52: New sections substituted
The principal Act is amended by repealing section 98
98: Reports on visits
A district inspector or an official visitor who visits any hospital or service must give a report on the visit to the Director of Area Mental Health Services within 14 days after the visit.
98A: District inspectors to report monthly
Every district inspector must, once a month,—
a: Prepare a written report on the exercise of his or her powers, duties, and functions under this Act during the preceding month; and
b: Give the report to the Director.
53: No proceedings against district inspectors or official visitors unless bad faith shown
The principal Act is amended by inserting, after section 99
99A:
1: No civil proceedings may be brought against any district inspector or official visitor for any thing he or she may do or report or say in the course of the exercise or intended exercise of his or her powers, duties, or functions under this Act, unless it is shown that he or she acted in bad faith.
2: Nothing in this section affects the right of any person or organisation to apply, in accordance with law, for judicial review of a district inspector's or official visitor's powers, duties, or functions under this Act.
54: Delegation by persons in charge of hospitals
The principal Act is amended by inserting, after section 99A
99B:
1: A person in charge of a hospital may delegate any of his or her powers, duties, and functions, except this power of delegation, to a person who is suitably qualified to exercise it.
2: The maker of a delegation must make it in writing and sign it.
3: The maker of a delegation is not prevented from exercising, or affected in his or her exercise of, any of the delegated powers, duties, or functions.
4: The delegate may exercise the powers, duties, and functions in the same manner and with the same effect as if they had been conferred on the delegate directly by this Act.
5: Every person purporting to act under a delegation is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.
6: A delegation continues in force according to its tenor until it is revoked.
7: If the maker ceases to hold office, the delegation continues to have effect as if made by the successor in office of the maker.
8: The maker, or a successor, may revoke the delegation at any time by written notice to the delegate.
55: Functions and powers of Review Tribunals
Section 102(1) such
56: Convener
Section 107(3) (not being the deputy of any member)
57: Fees and travelling allowances
Section 108 subsection (2)
2: The members of Review Tribunals are paid remuneration by way of fees, salary, or allowances, and travelling allowances and expenses, under the Fees and Travelling Allowances Act 1951
3: The remuneration referred to in subsection (2)
58: No proceedings against members of Review Tribunals unless bad faith shown
The principal Act is amended by inserting, after section 108
108A:
1: No civil proceedings may be brought against any member of a Review Tribunal for any thing he or she may do or report or say in the course of the exercise or intended exercise of his or her powers, duties, or functions under this Act, unless it is shown that he or she acted in bad faith.
2: Nothing in this section affects the right of any person or organisation to apply, in accordance with law, for judicial review of a member of a Review Tribunal's powers, duties, or functions under this Act.
59: Police powers in relation to person appearing to be mentally disordered in public place
1: Section 109 subsection (3)
3: Subsection (3A)
a: There are reasonable grounds for believing that the person may be suffering from a mental disorder; and
b: It is desirable for the person to have an assessment examination urgently in the person's own interests or the interests of any other person.
3A: The medical practitioner must, as soon as possible,—
a: Issue a certificate under section 8B(4)(b)
b: Make an application under section 8A
2: Section 109(4) person proposed patient
3: Section 109 subsection (5)
5: Detention under this section may last for no longer than the following times:
a: For the purposes of subsections (1) to (3A)
b: For the purposes of subsection (4)
60: New sections substituted
The principal Act is amended by repealing section 110
110: Powers of medical practitioner when urgent examination required
1: Subsection (2)
a: Conducts a medical examination of a person who is acting in a manner that could give rise to a reasonable belief that he or she may be mentally disordered; and
b: Concludes that—
i: There are reasonable grounds for believing that the person may be mentally disordered; and
ii: It is desirable for the person to have an assessment examination urgently in the person's own interests or the interests of any other person.
2: The medical practitioner must, as soon as possible,—
a: Issue a certificate under section 8B(4)(b)
b: Make an application under section 8A
3: A medical practitioner acting under this section must make every reasonable effort to get the advice and assistance of a duly authorised officer.
4: A medical practitioner who needs assistance to conduct a medical examination under subsection (1)(a) section 110C
110A: Power of medical practitioner who issues certificate to sedate when sedation urgently required
1: This section applies to a medical practitioner who—
a: Issues, under section 110(2)(a) section 8B(4)(b)
b: Has reasonable grounds for believing that the person presents a significant danger to himself or herself or any other person; and
c: Has reasonable grounds for believing that it is in the interests of the person to receive a sedative drug urgently.
2: The medical practitioner may immediately administer an appropriate sedative drug to the person, by injection if necessary, in accordance with any relevant guidelines and standards of care and treatment issued by the Director-General of Health under section 130
3: A medical practitioner who administers a sedative drug under subsection (2)
a: Record the circumstances in which the drug was administered; and
b: Give a copy of the record to the Director of Area Mental Health Services.
4: A medical practitioner acting under this section must make every reasonable effort to get the advice and assistance of a duly authorised officer.
5: A medical practitioner who needs assistance to administer a sedative drug under subsection (2) section 110C
110B: Powers of medical practitioner when urgent assessment required
1: Subsection (2) section 110(2)(b)
2: The medical practitioner must conduct the assessment examination as soon as possible.
3: A medical practitioner acting under this section must make every reasonable effort to get the advice and assistance of a duly authorised officer.
4: A medical practitioner who needs assistance to conduct an assessment examination under subsection (2) section 110C
110C: Powers of police when urgent assistance required
1: A member of the police called to the assistance of a medical practitioner under section 110(4), section 110A(5), or section 110B(4)
a: May enter the premises where the person or proposed patient is; and
b: Must, if that member is not in uniform, produce to a person in actual occupation of the premises his or her badge or other evidence that he or she is a member of the police.
2: A member of the police who enters premises under subsection (1)
a: Detain the person or proposed patient where he or she is; or
b: Take the person or proposed patient to a place nominated by the medical practitioner and detain the person or proposed patient at the place.
3: Detention under subsection (2)
a: For the purposes of section 110(1)(a)
b: For the purposes of section 110A(2)
c: For the purposes of section 110B(2)
61: Powers of nurse when urgent assessment required
Section 111(1)
a: Omitting the words in the interests of the person or of any other person or of the public that an assessment examination of the person be conducted as a matter of urgency for the person to have an assessment examination urgently in the person's own interests or the interests of any other person
b: Omitting the words for the purposes of section 8(3) of this Act under section 8B(4)(b)
62: Judge may authorise apprehension of patients and proposed patients
Section 112
63: Authority of person in charge of hospital or service to admit and detain
The principal Act is amended by repealing section 113
113:
1: Every notice under section 9
a: 6 hours; and
b: The time it takes to conduct the assessment examination.
2: Every notice under section 11 or section 13
a: To admit the patient to the hospital; and
b: To take all reasonable steps to detain the patient in the hospital during the period of assessment and treatment to which the notice applies.
3: Every inpatient order made in respect of a patient is sufficient authority for the person in charge of the hospital specified in the order—
a: To admit the patient to the hospital; and
b: To take all reasonable steps to detain the patient in the hospital during the period for which the order is in force.
64: Judge or Registrar may issue warrants
The principal Act is amended by inserting, after section 113
113A:
1: This subsection and subsections (2) to (4)
a: Every proposed patient or patient who—
i: Is required to attend at any place for—
A: An assessment examination under section 9
B: An assessment to which a notice given under section 11 or section 13
C: An examination to which a notice given under section 14A(3)(b)
D: A hearing to which a notice given under section 14A(3)(c)
E: A review to which a notice given under section 76(1A)
ii: Is refusing to attend at that place; and
b: Every patient who—
i: Is subject to a community treatment order; and
ii: Is refusing to attend at a place for treatment in accordance with the order; and
c: Every patient who—
i: Is subject to an inpatient order; and
ii: Is absent from the hospital—
A: Without leave; or
B: When the patient's leave of absence from the hospital has expired or has been cancelled.
2: In subsections (3) and (4) warrant
3: The Director of Area Mental Health Services may apply for a warrant.
4: A District Court Judge or, if no Judge is available, a Registrar may issue a warrant authorising any member of the police to take a proposed patient or patient to the place specified in the warrant, if the Judge or Registrar is satisfied that—
a: The proposed patient or patient is refusing to attend at the place at which he or she is required to attend; or
b: The patient is absent from the hospital—
i: Without leave; or
ii: When the patient's leave of absence from the hospital has expired or has been cancelled.
5: In subsections (6) and (7) warrant section 41(2)
6: A member of the police may apply for a warrant.
7: A District Court Judge or, if no Judge is available, a Registrar may issue a warrant authorising any member of the police to enter premises under section 41(2)
65: New sections substituted
The principal Act is amended by repealing sections 114 115
114: Neglect or ill-treatment of proposed patients and patients
1: This section applies to—
a: The person in charge of a hospital or service at which a proposed patient attends for an assessment examination; and
b: The person in charge of a hospital in which a patient is an inpatient; and
c: A person employed in any such hospital or service and engaged—
i: In the conduct of an assessment examination of a proposed patient; or
ii: In the assessment or treatment of a patient; and
d: The person in charge of a home, house, or other place where a proposed patient or patient resides.
2: Every such person who intentionally ill-treats or intentionally neglects any such proposed patient or patient commits an offence and is liable on conviction on indictment to imprisonment for a term not exceeding 2 years.
115: Assisting patient on community treatment order not to attend for treatment
1: Subsection (2)
2: Every such person commits an offence and is liable to imprisonment for a term not exceeding 3 months or to a fine not exceeding $1,000, if he or she—
a: Intentionally permits any such patient not to attend, or to attempt not to attend, at the place; or
b: Connives at any such absence or attempted absence.
3: Every person commits an offence and is liable to imprisonment for a term not exceeding 3 months or to a fine not exceeding $1,000, if he or she—
a: Intentionally instigates or assists any patient who is subject to a community treatment order not to attend, or to attempt not to attend, at any place at which the patient is required to attend for treatment; or
b: Intentionally assists any patient who is so absent to avoid, or to attempt to avoid, being taken to the place.
115A: Assisting patient on inpatient order to be absent without leave
1: Subsection (2)
2: Every such person commits an offence and is liable to imprisonment for a term not exceeding 3 months or to a fine not exceeding $1,000, if he or she—
a: Intentionally permits such a patient to become, or to attempt to become, absent without leave from the hospital; or
b: Connives at any such absence or attempted absence.
3: Every person commits an offence and is liable to imprisonment for a term not exceeding 3 months or to a fine not exceeding $1,000, if he or she—
a: Intentionally instigates or assists any patient who is subject to an inpatient order to become, or to attempt to become, absent without leave from the hospital specified in the order or to which the patient has been transferred under section 127
b: Intentionally assists any patient who is so absent to avoid, or to attempt to avoid, being retaken.
66: Unlawful publication of reports of proceedings before Review Tribunal
The principal Act is amended by repealing section 116
116: A person who contravenes clause 8(1) of the First Schedule
67: Matters of justification and excuse
Section 122 subsection (4)
68: New sections inserted
The principal Act is amended by inserting, after section 122
122A: Certain sections of
Crimes Act 1961 Sections 32(1), 38(4)(d), 40(2), 41(4), 41(5), 41(6), 50(4), 51(3), 53, 109(1), 109(4), 110C(2), 111(2), and 113A sections 30, 31, and 34 of the Crimes Act 1961
a: As if the power were a power of arrest; and
b: With any necessary modifications.
122B: Use of force
1: A person exercising a power specified in subsection (2)
2: The powers are—
a: A power to take or retake a person, proposed patient, or patient in any of sections 32(1), 38(4)(d), 40(2), 41(4), 41(5), 41(6), 50(4), 51(3), 53, 109(1), 109(4), 110C(2), 111(2), or 113A
b: A power to detain a person, proposed patient, or patient in any of sections 41(3), 41(4), 41(5), 109(4), 110C(2), 111(2), or 113
c: A power to enter premises in either of sections 41(2) or 110C(1)
3: A person treating a patient to whom section 59
4: If force has been used under this section,—
a: The circumstances in which the force was used must be recorded as soon as practicable; and
b: A copy of the record must be given to the Director of Area Mental Health Services as soon as practicable.
69: Patient's pocket money
Section 126
70: Transfer of patients
1: Section 127(4)
a: Omitting the words An order made A direction given
b: Omitting the word ordered directed
2: Section 127(5) order direction
71: Registers and records
Section 129(1) In every hospital or service the person in charge shall keep The Director of Area Mental Health Services must ensure that in every hospital or service the person in charge keeps
72: Notice of death
Section 132(1)(b) the Board a service
73: New sections substituted
The principal Act is amended by repealing section 133
133: Giving or sending documents
1: This section applies to any document that this Act requires to be given or sent.
2: Any such document must be dealt with by the method in subsection (3)
3: The methods by which a document may be dealt with are—
a: Personally delivering it to the person; or
b: Posting it to a usual address of the person; or
c: Sending it to the person by fax or some other electronic means; or
d: Providing it to the person in a manner approved by the person.
4: A document posted under subsection (3)(b)
a: It is sufficient to prove that the document was properly addressed; and
b: The document is presumed, in the absence of proof to the contrary, to have been posted on the day on which it was dated.
5: The receipt of an electronic message from the person posting the document stating that the message was dispatched at the same time as or after the posting of the document confers on the person to whom the message is addressed, on the date he or she receives it and within the next 7 days, the same authority as the receipt of the document.
6: A document sent under subsection (3)(c)
133A: Forms
1: The Director-General of Health or the Director may specify a form to be used for any information required by or under this Act to be given or sent to the Director-General of Health or the Director, if there is no prescribed form. The Director-General of Health or the Director may specify that information relating to different patients or matters is to be included in the same form.
2: If the Director-General of Health or the Director specifies a form, it must be used.
3: The Director-General of Health or the Director may from time to time give notice to the Director of Area Mental Health Services or the responsible clinician dispensing with any specified provision of this Act that requires the person in charge of a hospital to send the Director-General of Health or the Director notices relating to the hospital or any specified class of patients in the hospital.
4: The Director-General of Health or the Director—
a: May give an absolute dispensation or a dispensation to such extent as the Director-General of Health or the Director thinks fit; and
b: May at any time revoke or vary the dispensation by giving notice.
74: Fees of medical practitioners
The principal Act is amended by repealing section 134
134:
1: A medical practitioner who issues a certificate, notice, or statement in writing for the purposes of, and in accordance with, this Act must be paid the prescribed fee.
2: If no fee is prescribed, such a medical practitioner must be paid the fee that the Minister, with the concurrence of the Minister of Finance, directs from time to time.
3: In any particular case to which subsection (2)
4: Fees payable under subsection (2)
5: No fees are payable under this section to a medical practitioner employed by a service or by the Ministry of Health, for anything done in the course of that employment.
75: Schedule 1
1: Clause 4 subclauses (5) to (7)
5: Any party to the proceedings may tender evidence on any matter referred to in any such report.
6: The Tribunal may call the person making the report as a witness, either on its own initiative or on the application of any party to the proceedings.
7: A Tribunal that requests a person to prepare a report must make 1 of the orders described in subclause (8) subclause (8)(a)
8: The orders are—
a: An order for the fees and expenses of the person to be paid by any party or parties to the proceedings, as the Tribunal orders:
b: An order for the fees and expenses of the person to be met from any appropriation by Parliament for the purpose.
2: Clause 6 subclause (5)
5: The expenses of any witness called by the Tribunal under this clause must be met, in accordance with the prescribed scale of witnesses' expenses, in the first instance from any appropriation by Parliament for the purpose.
3: Clause 8(2) paragraph (b)
b: Is intended for circulation among—
i: Members of the legal or medical professions:
ii: Psychologists:
iii: Social workers:
iv: Employees of a service, the Health Funding Authority, or the Ministry of Health.
76: Consequential amendments
The principal Act is consequentially amended in the manner provided in the Schedule
2: Amendments to other enactments
77: Amendment to
Summary Proceedings Act 1957 The Summary Proceedings Act 1957 Part 2 Mental Health Act 1969 Mental Health (Compulsory Assessment and Treatment) Act 1992 114 Neglect or ill-treatment of proposed patients and patients
78: Amendment to
Victims of Offences Act 1987 The Victims of Offences Act 1987 section 11
11A: Notification of compulsorily detained person's escape or discharge
1: This section applies to the victim of an alleged offence, or of an offence, of sexual violation or other serous assault or injury, if the defendant is—
a: Subject to an order made under the proviso to section 171(3) of the Summary Proceedings Act 1957
b: Subject to an order made under any of sections 115(1), 115(2)(a), 118(1), 121(2)(b)(ii), or 121(11) of the Criminal Justice Act 1985
c: Remanded to a hospital under section 115(4) of that Act
d: Detained in a hospital, either following an application under section 45(2) of the Mental Health (Compulsory Assessment and Treatment) Act 1992 section 46 of that Act
2: Such a victim should be given the opportunity to request notification of—
a: Any escape by the defendant; and
b: Any impending discharge of the defendant; and
c: Any grant by the Minister of leave to the defendant under section 50 of the Mental Health (Compulsory Assessment and Treatment) Act 1992
3: Such a victim should be promptly notified of the matters described in subsection (2)
a: Requested notification; and
b: Supplied a current address and telephone number to the chief executive of the Department of Corrections.
4: The chief executive of the Department of Corrections may disclose the following to the Director-General of Health:
a: The fact that the victim has requested notification; and
b: The address and telephone number supplied by the victim.
5: In this section, hospital section 2 of the Mental Health (Compulsory Assessment and Treatment) Act 1992
79: Amendment to Coroners Act 1988
Section 79 repealed 1 July 2007 146 Coroners Act 2006