Mental Health Commission Act 1998

1: Short Title and commencement
1: This Act may be cited as the Mental Health Commission Act 1998.
2: This Act comes into force on 1 April 1998.
2: Interpretation
1: In this Act, unless the context otherwise requires,— Commission section 5 district health board section 19 family Minister Ministry national mental health strategy
a: means the strategic directions for the mental health services of New Zealand described in—
i: the document entitled Looking Forward—Strategic Directions for the Mental Health Services
ii: the document entitled Moving Forward—The National Mental Health Plan for More and Better Services
b: includes every variation of, or addition to, those strategic directions approved by the Minister and published under section 3(1)(b) provider stakeholder
a: the Ministry; and
b: district health boards; and
c: mental health service funders; and
d: providers; and
e: people with mental illnesses, and their families and caregivers; and
f: groups representing the interests of people with mental illness and their families and caregivers year
2: Section 2(1) district health board inserted 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 2(1) Health Funding Authority repealed 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 2(1) stakeholder inserted 30 August 2007 section 5(1) Mental Health Commission Amendment Act 2007 Section 2(2) repealed 30 August 2007 section 5(2) Mental Health Commission Amendment Act 2007
3: Amendments to national mental health strategy
1: The Minister may from time to time—
a: approve a variation of the national mental health strategy or an addition to it; and
b: give permission for the publication by the Ministry of a document that describes the variation or addition.
2: On the publication of a document under subsection (1)(b), the variation or addition described is included in the national mental health strategy.
4: Act to bind the Crown
This Act binds the Crown. Establishment and functions of Mental Health Commission
5: Establishment of Commission
1: There is established a Commission to be called the Mental Health Commission.
2: The Commission is a Crown entity for the purposes of section 7
3: The Crown Entities Act 2004 Section 5(2) added 25 January 2005 section 200 Crown Entities Act 2004 Section 5(3) added 25 January 2005 section 200 Crown Entities Act 2004
6: Functions of Commission
The functions of the Commission are—
a: to act as an advocate for the interests of people with mental illness and their families generally (rather than for individuals or groups), while taking into account the interests of other stakeholders; and
b: to promote and facilitate collaboration and communication about mental health issues among—
i: stakeholders and representatives in the mental health, government, academic, and community sectors; and
ii: members of the general public; and
c: to work, independently and with others,—
i: to promote better understanding of mental illness by the community; and
ii: to reduce the stigma associated with mental illness and prejudice shown towards people with mental illness and their families and caregivers; and
iii: to eliminate inappropriate discrimination on the ground of mental illness against people with mental illness and their families and caregivers; and
d: to monitor, and to report to and advise the Minister on, any matter relating to the implementation of the national mental health strategy—
i: at intervals agreed between the Minister and the Commission; and
ii: when otherwise requested by the Minister; and
iii: from time to time, as the Commission thinks fit; and
e: to stimulate and support policy-makers and the funders and providers of mental health services in developing integrated, effective, and efficient methods or systems of providing care that meet the needs of their communities; and
f: to stimulate and undertake research into any matter relevant to mental illness. Section 6 substituted 30 August 2007 section 6 Mental Health Commission Amendment Act 2007 Other matters relating to Mental Health Commission
7: Annual report
Section 7 repealed 25 January 2005 section 200 Crown Entities Act 2004
8: Powers of Commission
Section 8 repealed 25 January 2005 section 200 Crown Entities Act 2004
9: Membership of Commission
1: The Commission consists of 3 members
2: Members of the Commission are the board for the purposes of the Crown Entities Act 2004 Section 9(1) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 9(2) substituted 25 January 2005 section 200 Crown Entities Act 2004
10: Term of office of member of Commission to cease when Act expires, or earlier
When this Act expires, the term of office of every member of the Commission who has not ceased to hold office before that time expires. Section 10 substituted 30 August 2007 section 7 Mental Health Commission Amendment Act 2007
11: Further provisions applying in respect of Commission
The provisions set out in Schedule 1
12: Advisory committee
The Minister may, at the request of the Commission, appoint under section 11 section 6 Section 12 amended 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Miscellaneous provisions
13: Expiry and repeal of Act
1: This Act expires on the close of 30 June 2012.
2:
3: At the expiry of this Act—
a: the Commission ceases to exist; and
b: all assets and liabilities of the Commission become assets and liabilities of the Crown; and
c: employment contracts between the Commission and any person are terminated and no compensation is payable except as provided in the relevant employment contract.
4: This Act is repealed at the time at which it expires. 2015-08-31 Mental Health Commission Act 1998 This Act expires at 5 pm on 31 August 2015. Section 13(1) replaced 1 July 2012 section 4 Mental Health Commission Amendment Act 2012 Section 13(2) repealed 30 August 2007 section 8(2) Mental Health Commission Amendment Act 2007
14: Amendments to other enactments
The enactments specified in Schedule 2