New Zealand Acts

CRIMINAL PROCEDURE (MENTALLY IMPAIRED PERSONS) ACT 2003 - SECT 4

4 Interpretation

1 In this Act, unless the context otherwise requires,—  
"act proven but not criminally responsible on account of insanity" , in respect of a defendant charged with an offence, means—  

a) the defendant is found to have caused the act or omission that forms the basis of the offence with which the defendant is charged; and

b) the defendant was insane at the time that the defendant caused that act or omission

"care recipient" has the same meaning as that given to the expression care recipient no longer subject to the criminal justice system in the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003   
"compulsory care order" has the same meaning as in the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003     
"compulsory treatment order" means a compulsory treatment order made under Part 2 of the Mental Health (Compulsory Assessment and Treatment) Act 1992     
"co-ordinator" means a compulsory care co-ordinator appointed under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003     
"counsel" , in relation to a person, means a barrister and solicitor of the High Court of New Zealand who is representing the person in proceedings    
"court" means any court exercising jurisdiction in criminal proceedings    
"facility" and
"secure facility" have the same meanings as in the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003     
"guardian" includes a welfare guardian appointed under section 12 of the Protection of Personal and Property Rights Act 1988     
"health assessor" means—  

a) a practising psychiatrist who is registered as a medical practitioner; or

b) a psychologist; or

c) a specialist assessor under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

"hospital" means a hospital within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992   
"imprisonable offence" means any offence punishable by imprisonment, regardless of any restriction imposed by an enactment on the jurisdiction or power of the court dealing with a particular case    
"intellectual disability" has the same meaning as in the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003     
"medical practitioner" means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine    
"psychologist" means a health practitioner who is, or is deemed to be, registered with the Psychologists Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of psychology    
"special care recipient" has the same meaning as in the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003     
"unfit to stand trial" , in relation to a defendant,—  

a) means a defendant who is unable, due to mental impairment, to conduct a defence or to instruct counsel to do so; and

b) includes a defendant who, due to mental impairment, is unable—

i) to plead:

ii) to adequately understand the nature or purpose or possible consequences of the proceedings:

iii) to communicate adequately with counsel for the purposes of conducting a defence

"victim" has the same meaning as in section 2(1) of the Mental Health (Compulsory Assessment and Treatment) Act 1992 .

2 If this Act comes into force before the commencement of section 114(1) of the Health Practitioners Competence Assurance Act 2003 , then, until that commencement, subsection (1) must be read as if, for the definitions of medical practitioner and psychologist, there were substituted the following definitions:
"medical practitioner" means a medical practitioner registered under the Medical Practitioners Act 1995   
"psychologist" means a psychologist registered under the Psychologists Act 1981   

Note: 1985 No 120 ss 2(1), (2), 108

History: Section 4(1) acquittal on account of insanity: repealed, on 1 July 2013, by section 4 of the Criminal Procedure (Mentally Impaired Persons) Amendment Act 2011 (2011 No 87).   Section 4(1) act proven but not criminally responsible on account of insanity: inserted, on 13 December 2022, by section 4 of the Rights for Victims of Insane Offenders Act 2021 (2021 No 55).     Section 4(1) victim: inserted, on 13 December 2022, by section 4 of the Rights for Victims of Insane Offenders Act 2021 (2021 No 55).