Plain language law

New Zealand law explained for everyone

Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

Preliminary provisions

6: Meaning of care recipient and related terms

You could also call this:

"What 'care recipient' and related terms mean in the law"

Illustration for Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

When you hear the term care recipient, it means a person who is a special care recipient or a care recipient who is no longer part of the criminal justice system. You are a special care recipient if you have to stay in a secure facility because of a court order made under certain sections of the Criminal Procedure (Mentally Impaired Persons) Act 2003, such as section 24(2)(b), section 38(2)(c), or section 44(1). You can also be a special care recipient if you have to stay in a facility because of other court orders.

If you are a care recipient who is no longer part of the criminal justice system, it means you are subject to a compulsory care order but you are not in jail. This can happen if you have a compulsory care order made under section 45 and you are not liable to be detained under a sentence. You can also be a care recipient who is no longer part of the criminal justice system if you are subject to certain other orders made under the Criminal Procedure (Mentally Impaired Persons) Act 2003, such as section 25(1)(b) or section 34(1)(b)(ii).

A proposed care recipient is someone who is being assessed or has an application for a compulsory care order pending before the Family Court. In some parts of this Act, when you see the term care recipient, it also includes a proposed care recipient. A care recipient liable to detention under a sentence is a special care recipient who has to stay in a facility because of a court order.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM225172.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
Previous

5: Interpretation, or

"What special words in the Intellectual Disability Act mean"

Next

7: Meaning of intellectual disability, or

"What it means to have an intellectual disability"

Part 1Preliminary provisions

6Meaning of care recipient and related terms

  1. Care recipient means a person who is—

  2. a special care recipient; or
    1. a care recipient no longer subject to the criminal justice system.

      1. Special care recipient means—

      2. a person who is liable to be detained in a secure facility under an order made under—
        1. section 24(2)(b) or section 38(2)(c) or section 44(1) of the Criminal Procedure (Mentally Impaired Persons) Act 2003; or
          1. section 171(2) of the Summary Proceedings Act 1957; or
          2. a person who is remanded to a secure facility under an order made under section 23 or section 35 of the Criminal Procedure (Mentally Impaired Persons) Act 2003; or
            1. a person who is liable to be detained in a secure facility under an order made under section 34(1)(a)(ii) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 and who has not ceased, under section 69(3), to be a special care recipient; or
              1. a person who—
                1. is liable to be detained in a secure facility under a compulsory care order, made under section 45; and
                  1. is also liable to detention under a sentence; and
                    1. has not ceased, under section 69(3), to be a special care recipient; or
                    2. a prisoner who is required, under section 35, to stay in a facility; or
                      1. a person who, in accordance with section 47A(5) of the Mental Health (Compulsory Assessment and Treatment) Act 1992, must be held as a special care recipient.

                        1. Care recipient no longer subject to the criminal justice system means a person who—

                        2. is, or continues to be, subject to a compulsory care order, made under section 45, but is not, or is no longer, liable to be detained under a sentence; or
                          1. is subject to an order made under section 25(1)(b) or section 34(1)(b)(ii) of the Criminal Procedure (Mentally Impaired Persons) Act 2003; or
                            1. is subject to a compulsory care order resulting from the operation of section 69(3) or section 94(1); or
                              1. is a former special patient who is required, under section 35, to stay in a facility.

                                1. Proposed care recipient means a person—

                                2. who is being assessed under Part 3 or Part 4; or
                                  1. in respect of whom an application for a compulsory care order is pending before the Family Court.

                                    1. In Parts 2, 3, and 9, a reference to a care recipient includes a reference to a proposed care recipient.

                                    2. Care recipient liable to detention under a sentence means a special care recipient to whom subsection (2)(c) or (d) applies.

                                    Notes
                                    • Section 6(2)(e): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).