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APPENDIX C

Letter from the Department for Courts

20 March 2002

Donald Dugdale
Commissioner
Law Commission
PO Box 2590
WELLINGTON

Dear Mr Dugdale

Protecting the Intellectually Disadvantaged from Self-Harm

We refer to your letter dated 18 February 2002, which seeks the Department’s comments on this issue. The Department for Courts broadly supports the proposed amendments to section 10 and section 18 of the Protection of Personal and Property Rights Act 1988. This Act is an appropriate statutory vehicle to implement explicit coercive powers protecting the intellectually disadvantaged from self-harm.

However, while supporting the policy behind regular reviews of Court orders authorised by the proposed section 10 (5), the Department queries whether the 90-day expiration period for orders should be increased, or amended to allow the Court to have the discretion to make these orders for longer time periods.

Compulsory Treatment Orders imposed under the Mental Health (Compulsory Assessment and Treatment) Act 1992 have similar coercive powers and have a review period of six months.

We anticipate that there may be some implications for the Department as a result of the proposed amendments.

Potential increase to workload of Family Court

The number of applications for orders under this Act may increase for two reasons. Firstly, applicants who have not obtained orders in the past may now seek the comfort of a Court order. Secondly, the proposed change to the expiration date (from 12 months to 90 days) for orders authorised by s10 (5) will require orders to be reviewed by the Court more frequently.

According to the Family Court Database, in the financial year 2000–2001, there were a total of 120 applications³¹ made under section 10 of the Protection of Personal and Property Rights Act 1988. This is an increase of 28 applications from the previous year. The Department does not anticipate a significant increase in the workload of the Family Court. However, more work may be required to estimate the potential increase if these options were pursued.

Section 65: Potential increase to counsel appointments

Judicially ordered costs are the reports and services which a judicial officer may order to support the judicial determination of a case, or entitlements for certain court users to professional services. The authority for these services is set out in legislation, and provision of services is mandatory in response to judicial orders. These services are funded primarily through Vote Courts as Other Expenses to be incurred by the Crown.

Where the Court directs the appointment of counsel to represent the person in respect of whom the application for an order under s10 or 12 is made, the payment for those services is paid by the Crown. In some cases, costs can be recovered from the subject person. Any increase to the number of applications may impact on this expenditure. Similarly, if there are to be more frequent reviews, this may impact on the number of appointments made.

In the financial year 2000–2001, appointments for counsel for the subject person under the Protection of Personal and Property Rights Act 1988 cost $1,074,217.48 (incl. GST). In the previous year, this amount was $860,767.88 (incl. GST).

Section 76: Potential increase to number of reports provided to the Court

The Act makes provisions for the Court to order medical, psychiatric, psychological and any other reports for the Court in respect of whom the application for the order is made.

In the financial year 2000–2001, specialist reports directed under the Protection of Personal and Property Rights Act 1988 cost $28,348.75 (incl. GST). In the financial year 1999–2000, this amount was $20,433.06 (incl. GST). An increase in the number of reports sought, combined with the nature of the proposed changes concerning coercive powers may require a greater number of these reports to be provided to the Court.

Thank you for the opportunity to provide comments on these proposed legislative changes. Should you have any queries concerning these comments please contact Charlotte Story, Policy Analyst, Strategic Policy Unit at DDI (04) 918–8904.

Yours sincerely
J J W Bailey
Chief Executive