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Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

Preliminary provisions

8: Persons who do not have intellectual disability

You could also call this:

"People who don't have an intellectual disability, even if they have other issues"

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

You do not have an intellectual disability just because you have a mental disorder, a personality disorder, or a brain injury. You also do not have an intellectual disability just because you do not feel sorry for hurting others. If you do not have an intellectual disability, the parts of this Act about compulsory care do not apply to you, even if you have another kind of disability. If you do have an intellectual disability, having other issues like a mental disorder or not feeling sorry for hurting others does not stop the compulsory care parts of this Act from applying to you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM225180.

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Crime and justice > Courts and legal helpHealth and wellbeing > Mental health
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"What it means to have an intellectual disability"

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Part 1Preliminary provisions

8Persons who do not have intellectual disability

  1. A person does not have an intellectual disability simply because the person—

  2. has a mental disorder; or
    1. has a personality disorder; or
      1. has an acquired brain injury; or
        1. does not feel shame or remorse about the harm that person causes to others.

          1. To avoid doubt, if—

          2. a person does not have an intellectual disability, the provisions of this Act relating to compulsory care cannot apply to the person, whether or not the person has any other disability:
            1. a person does have an intellectual disability, those provisions are not prevented from applying to the person simply because the person also has 1 or more of the characteristics described in subsection (1)(a) to (d).