New Zealand Acts

MENTAL HEALTH (COMPULSORY ASSESSMENT AND TREATMENT) ACT 1992

- As at 26 January 2025
- Act 46 of 1992

TABLE OF PROVISIONS

           Long Title

   1.      Short Title and commencement
   2.      Interpretation
   2AA.    Meaning of mental health practitioner during COVID-19 response
   2A.     Meaning of proposed patient
   2B.     Modification to section 2A during COVID-19 response
   2C.     Transitional, savings, and related provisions
   3.      Act to bind Crown
   4.      General rules relating to liability to assessment or treatment
   5.      Powers to be exercised with proper respect for cultural identity and personal beliefs
   6.      Interpreters to be provided
   6A.     Use of audiovisual links
   7.      Obligation to assign patient to responsible clinician
   7A.     Practitioner or responsible clinician to consult
   7B.     Modification to section 7A during COVID-19 response

   PART 1 - Compulsory assessment and treatment

   8.      Any person may fill out application form
   8A.     Application for assessment
   8B.     Certificate to accompany application for assessment
   8C.     Modification to section 8B during COVID-19 response
   9.      Assessment examination to be arranged and conducted
   9A.     Modifications to section 9 during COVID-19 response
   10.     Certificate of preliminary assessment
   10A.    Modification to section 10 during COVID-19 response
   11.     Further assessment and treatment for 5 days
   11A.    Modification to section 11 during COVID-19 response
   12.     Certificate of further assessment
   13.     Further assessment and treatment for 14 days
   14.     Certificate of final assessment
   14A.    Documents relating to application for compulsory treatment order
   15.     Status of patient pending determination of application
   16.     Review of patient's condition by Judge

   PART 2 - Compulsory treatment orders

   17.     Applications to be heard and determined wherever practicable by Family Court Judge
   18.     Judge to examine patient where compulsory treatment order sought
   19.     Attendance of patient and other persons
   20.     Right of patient and other persons to be heard and call evidence
   21.     Court may call for report on patient
   22.     Evidence
   23.     Power of court to call witnesses
   24.     Proceedings not open to public
   25.     Publication of reports of proceedings
   26.     Court may dispense with hearing in certain circumstances
   27.     Court to consider patient's condition
   28.     Compulsory treatment orders
   29.     Community treatment orders
   30.     Inpatient orders
   31.     Leave for inpatients
   32.     Absence without leave
   33.     Compulsory treatment order to expire after 6 months
   34.     Court may extend order
   34A.    Court may further extend order for 12-month period
   34B.    Determination of application under section 34A
   34C.    Examination and hearing of application for extension of community treatment order by audiovisual link
   34D.    Court may dispense with examination and hearing
   35.     Release from compulsory status
   36.     Compulsory treatment order to cease to have effect in certain cases

   PART 3 - Advice and assistance
   Note

   37.     Advice and assistance of general nature
   38.     Assistance when person may need assessment
   38A.    Modifications to section 38 during COVID-19 response
   39.     Assistance in respect of outpatients and inpatients on leave
   40.     Assistance in taking or returning proposed patient or patient to place of assessment or treatment
   41.     Police assistance
   41A.    Modification to section 41 during COVID-19 response

   PART 4 - Special patients and restricted patients

   42.     Notice of admission
   42A.    Modification to section 42 during COVID-19 response
   43.     Notice of events concerning patient
           Note
   43A.    Collection of biometric information
   44.     Treatment of special patients generally
   45.     Application for assessment may be made in respect of persons detained in prisons
   45A.    Modification to section 45 during COVID-19 response
   46.     Detained persons in need of care and treatment
   47.     Removal of certain special patients to prisons
   47A.    Removal of certain intellectually disabled patients to facilities
   48.     Relationship between detention in hospital and sentence
   49.     Transfer of special patients
   50.     Special patient defined
   50A.    Minister may grant leave to special patients
   50B.    When victims must be notified of impending decision under section 50A
   50C.    Right of victims to make submissions on proposed leave of absence
   50D.    Submissions from certain victims
   50E.    Victims must be notified of decisions made under section 50A
   50F.    Information about victims not to be disclosed
   50G.    Minister may cancel leave of special patients
   51.     Power to direct temporary return to hospital of special patients
   52.     Director may grant short-term leave to special patients
   52A.    Special patients not to leave hospital or depart from New Zealand without permission
   52B.    When victims must be notified of impending decision under section 52
   52C.    Right of victims to make submissions on proposed leave of absence
   52D.    Submissions from certain victims
   52E.    Victims must be notified of decisions made under section 52
   52F.    Information about victims not to be disclosed
   52G.    Director may cancel short-term leave of special patients
   52H.    Director may authorise Director of Area Mental Health Services to exercise certain powers
   53.     Escape and absence without leave
   53A.    Transport of special patients
   54.     Patients presenting special difficulties may be drawn to Director's attention
   55.     Court may make order declaring patient to be restricted patient
   56.     Effect of application and order in respect of leave

   PART 5 - Compulsory treatment

   57.     No compulsory treatment except as provided in this Part or in section 110A
   58.     Treatment while undergoing assessment
   59.     Treatment while subject to compulsory treatment order
   60.     Special provision relating to electro-convulsive treatment
   61.     Special provision relating to brain surgery
   62.     Urgent treatment
   63.     Withdrawal of consent

   PART 6 - Rights of patients

   63A.    Rights of proposed patients
   64.     General rights to information
   65.     Respect for cultural identity, etc
   66.     Right to treatment
   67.     Right to be informed about treatment
   68.     Further rights in case of visual or audio recording
   69.     Right to independent psychiatric advice
   70.     Right to legal advice
   71.     Right to company, and seclusion
   72.     Right to receive visitors and make telephone calls
   73.     Right to receive letters and postal articles
   74.     Right to send letters and postal articles
   75.     Complaint of breach of rights

   PART 7 - Reviews and judicial inquiries

   76.     Clinical reviews of persons subject to compulsory treatment orders
   77.     Clinical reviews of certain special patients
   78.     Clinical reviews of restricted patients
   79.     Tribunal reviews of persons subject to compulsory treatment orders
   80.     Tribunal reviews of certain special patients
   81.     Tribunal reviews of restricted patients
   82.     Procedural provisions
   83.     Appeal against Review Tribunal's decision in certain cases
   84.     Judicial inquiry

   PART 8 - Special provisions relating to children and young persons

   85.     Application
   86.     Assessment examination
   87.     Age of consent
   88.     Brain surgery
   89.     Membership of Review Tribunal
   90.     Review of patient about to attain age of 17 years

   PART 9 - Administration

   91.     Director and Deputy Director of Mental Health
   92.     Directors of Area Mental Health Services
   92A.    Delegation by Directors of Area Mental Health Services
   92B.    Provisions applying to delegations under section 92A
   93.     Duly authorised officers
   94.     District inspectors and official visitors
   94A.    Powers of district inspectors and official visitors
   95.     Inquiries by district inspector
   96.     Visitations by district inspectors and official visitors
   96A.    Modification to section 96 during COVID-19 response
   97.     Extent of inspection
   97A.    Visitations by remote technology permitted while epidemic notice in force for COVID-19
   98.     Reports on visits
   98A.    District inspectors to report monthly
   99.     Powers of inspection of Director
   99A.    No proceedings against district inspectors or official visitors unless bad faith shown
   99B.    Delegation by persons in charge of hospitals
   99C.    Crimes of Torture Act 1989 not limited
   100.    Psychiatric security institutions
   101.    Review Tribunals
   102.    Functions and powers of Review Tribunals
   103.    Co-opting suitable persons
   104.    Meetings and powers
   105.    Deputies of members
   106.    Terms of office
   107.    Convener
   108.    Fees and travelling allowances
   108A.   No proceedings against members of Review Tribunals unless bad faith shown

   PART 10 - Enforcement and offences

   109.    Police powers in relation to person appearing to be mentally disordered in public place
   109A.   Modification to section 109 during COVID-19 response
   110.    Powers of mental health practitioner when urgent examination required
   110AA.  Modifications to section 110 during COVID-19 response
   110A.   Power of medical practitioner who issues certificate to sedate when sedation urgently required
   110B.   Powers of mental health practitioner when urgent assessment required
   110BA.  Modifications to section 110B during COVID-19 response
   110C.   Powers of Police when urgent assistance required
   110D.   Modifications to section 110C during COVID-19 response
   111.    Powers of nurse where urgent assessment required
   111A.   Modification to section 111 during COVID-19 response
   112.    Judge may authorise apprehension of patients and proposed patients
   113.    Authority of person in charge of hospital or service to admit and detain
   113A.   Judge or Registrar may issue warrants
   114.    Neglect or ill-treatment of proposed patients and patients
   115.    Assisting patient on community treatment order not to attend for treatment
   115A.   Assisting patient on inpatient order to be absent without leave
   116.    Unlawful publication of reports of proceedings before Review Tribunal
   117.    Obstruction of inspection
   118.    False or misleading certificates
   119.    Further offences involving false or misleading documents, etc
   120.    Who may commence proceedings
   121.    General penalty
   122.    Matters of justification or excuse
   122A.   Certain sections of Crimes Act 1961 apply to powers to take and retake
   122B.   Use of force

   PART 11 - Miscellaneous provisions

   123.    Vetting of incoming mail
   124.    Vetting of outgoing mail
   125.    Procedure where letter withheld
   126.    Patient's pocket money
   127.    Transfer of patients
   127A.   Modification to section 127 during COVID-19 response
   128.    Removal from New Zealand
   129.    Registers and records
   130.    Director-General may promulgate standards
   131.    Notices to Director-General
   132.    Notice of death
   133.    Giving or sending documents
   133A.   Forms
   134.    Fees of mental health practitioners
   134A.   Modification to section 134 during COVID-19 response
   135.    Regulations
   136.    Application of other Acts
   137.    Repeals and consequential amendments
   137A.   Temporary COVID-19 response provisions repealed
   138.    Savings
   139.    Criminal Justice Act 1985 amended
   140.    Armed Forces Discipline Act 1971 amended

   PART 12 - Transitional provisions

   141.    Persons detained under section 19 of Mental Health Act 1969
   142.    Proceedings for reception order commenced but not completed
   143.    Reception orders
   144.    Committed patients on leave
   145.    Special patients
   146.    Persons detained as committed patients pursuant to Criminal Justice Act 1985
           SCHEDULE 1AA
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5