5Interpretation

1. In this Act, unless the context otherwise requires,—

   biometric information has the same meaning as in section 2(1) of the Customs and Excise Act 1996

   care and rehabilitation plan, in relation to a care recipient, means the care and rehabilitation plan prepared for the care recipient, under section 24, as varied from time to time under this Act

   care manager means a person designated under section 141

   care programme means a programme that—

   1. is included in a care recipient's care and rehabilitation plan; and
   2. provides for the matters specified in section 26

   care recipient has the meaning given to it by section 6(1)

   care recipient liable to detention under a sentence has the meaning given to it by section 6(6)

   care recipient no longer subject to the criminal justice system has the meaning given to it by section 6(3)

   child has the same meaning as in section 2(1) of the Oranga Tamariki Act 1989

   Code of Rights means the Code of Health and Disability Services Consumers' Rights for the time being in force under the Health and Disability Commissioner Act 1994

   compulsory care order means an order made under section 45 or an order made under section 25(1)(b) or section 34(1)(b)(ii) of the Criminal Procedure (Mentally Impaired Persons) Act 2003; and includes the order as varied from time to time

   co-ordinator means a compulsory care co-ordinator appointed under section 140; and, in relation to a function, duty, or power, means the person appointed under that section who is responsible for the geographical area in which the function is to be performed, or the duty or power is to be exercised

   court order means a compulsory care order or an order under section 24(2)(b) or section 34(1)(a)(ii) of the Criminal Procedure (Mentally Impaired Persons) Act 2003; and includes the order as varied from time to time

   district inspector means a person designated as district inspector or deputy district inspector under section 144

   facility has the meaning given to it by section 9(1)

   former special patient means a person who, because of a direction given under the Criminal Procedure (Mentally Impaired Persons) Act 2003 or because of an order made under section 84(6) of the Mental Health (Compulsory Assessment and Treatment) Act 1992, has ceased to be a special patient within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992 but who, at the relevant time, continues, under that direction or order, to be a patient under that Act

   guardian includes a welfare guardian

   intellectual disability has the meaning given to it by section 7

   lawyer has the meaning given to it by section 6 of the Lawyers and Conveyancers Act 2006

   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

   mental disorder has the same meaning as in the Mental Health (Compulsory Assessment and Treatment) Act 1992

   Minister means the Minister of Health

   principal caregiver, in relation to a care recipient, means the person who is most evidently and directly concerned with the oversight of the care recipient's care and welfare

   prison has the same meaning as in section 3(1) of the Corrections Act 2004

   prisoner means a person who is liable to be detained in a prison—

   1. under a sentence; or
   2. while awaiting or during the course of a hearing or trial before a court or while awaiting sentence by a court or pending the determination of an appeal to a court

   proposed care recipient has the meaning given to it by section 6(4)

   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

   responsible district inspector, in relation to a care recipient, means the district inspector designated in respect of the geographical area in which the care recipient is staying

   secure care means care given to a care recipient who is required to stay in a secure facility

   secure facility has the meaning given to it by section 9(2)

   sentence includes an order of committal to, or an order of detention in, a prison

   service means an organisation that provides services for persons who have an intellectual disability (whether or not it also provides services for persons who do not have an intellectual disability)

   special care recipient has the meaning given to it by section 6(2)

   specialist assessor or assessor means a suitably qualified and experienced health or disability professional who is for the time being designated by the Director-General of Health for the purposes of this Act

   supervised care means care given to a care recipient who may be directed to stay in a facility or in another place

   support person, in relation to a care recipient, means a person who has been nominated by the care recipient for the purposes of—

   1. helping the care recipient express his or her wishes or needs; and
   2. trying to explain to the care recipient the recommendations and requirements of persons exercising authority over the care recipient

   victim means (unless otherwise provided),—

   1. in relation to a care recipient or a special care recipient, a person who has, under section 32B of the Victims’ Rights Act 2002,—
      1. asked for notice, or for advice and copies; and
      2. given their address:
   2. an individual appointed under section 40 of that Act

   welfare guardian has the same meaning as in section 2 of the Protection of Personal and Property Rights Act 1988

   without notice, in relation to an application, has the same meaning as ex parte

   young person has the same meaning as in section 2(1) of the Oranga Tamariki Act 1989.

2. If this section 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