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Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

Preliminary provisions

7: Meaning of intellectual disability

You could also call this:

"What it means to have an intellectual disability"

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

You have an intellectual disability if you have a permanent impairment that affects you in certain ways. This impairment must result in significantly sub-average general intelligence, which means your intelligence quotient is 70 or less. It must also result in significant deficits in adaptive functioning, such as problems with communication, self-care, or social skills, that became apparent when you were growing up.

When clinicians assess your general intelligence, they use standard psychometric tests. They look at your ability to communicate, take care of yourself, and live at home, among other skills. If you have significant deficits in at least two of these areas, it may indicate an intellectual disability.

Your intellectual disability must have become apparent during your developmental period, which usually ends when you turn 18 years. This section is also subject to section 8.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM225179.

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8: Persons who do not have intellectual disability, or

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Part 1Preliminary provisions

7Meaning of intellectual disability

  1. A person has an intellectual disability if the person has a permanent impairment that—

  2. results in significantly sub-average general intelligence; and
    1. results in significant deficits in adaptive functioning, as measured by tests generally used by clinicians, in at least 2 of the skills listed in subsection (4); and
      1. became apparent during the developmental period of the person.

        1. Wherever practicable, a person's general intelligence must be assessed by applying standard psychometric tests generally used by clinicians.

        2. For the purposes of subsection (1)(a), an assessment of a person's general intelligence is indicative of significantly sub-average general intelligence if it results in an intelligence quotient that is expressed—

        3. as 70 or less; and
          1. with a confidence level of not less than 95%.

            1. The skills referred to in subsection (1)(b) are—

            2. communication:
              1. self-care:
                1. home living:
                  1. social skills:
                    1. use of community services:
                      1. self-direction:
                        1. health and safety:
                          1. reading, writing, and arithmetic:
                            1. leisure and work.

                              1. For the purposes of subsection (1)(c), the developmental period of a person generally finishes when the person turns 18 years.

                              2. This section is subject to section 8.