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Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

Compulsory care and rehabilitation of prisoners and former special patients - Compulsory care orders for prisoners and former special patients - Visit by Judge

41: Judge to examine proposed care recipient

You could also call this:

"A Judge must meet with you within 14 days if someone asks for a compulsory care order for you."

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

If someone applies for a compulsory care order for you, a Family Court Judge must see you as soon as possible, and no later than 14 days after the application is filed. The Judge will talk to you and check how you are doing. They might not always be able to see you within 14 days, but they will try to. The Judge will come to where you are staying, or to a nearby place if that is not possible. When the Judge sees you, they will introduce themselves, explain why they are visiting, and talk to you about what is happening and how a compulsory care order might affect 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=DLM225449.

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40: Matters to be set out in application, or

"What to include when asking for a compulsory care order"

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42: Visiting Judge may order withdrawal of application, or

"A Judge can stop an application for compulsory care if they think you don't need it."

Part 4Compulsory care and rehabilitation of prisoners and former special patients
Compulsory care orders for prisoners and former special patients: Visit by Judge

41Judge to examine proposed care recipient

  1. If an application is made for a compulsory care order for a proposed care recipient, a Family Court Judge must examine the proposed care recipient as soon as practicable and in no case later than 14 days after the application is filed in the court.

  2. Subsection (1) does not prevent a Family Court Judge from completing an examination of the proposed care recipient under that subsection later than 14 days after the filing of the application in respect of the proposed care recipient.

  3. The examination must be conducted—

  4. at the place where the proposed care recipient is staying; or
    1. if that is not practicable, at the nearest practicable place.

      1. Before and during the examination, the Judge must (so far as that is appropriate and can be done)—

      2. identify himself or herself to the proposed care recipient; and
        1. explain to the proposed care recipient the purpose of the visit; and
          1. discuss the proposed care recipient's current situation and the effects that a compulsory care order would have on that situation; and
            1. obtain the proposed care recipient's views on the matters discussed under paragraph (c).

              1. As well as examining the proposed care recipient, the Judge must consult with the co-ordinator and with at least 1 specialist assessor involved in the case and may consult with any other person that the Judge thinks fit concerning the proposed care recipient's condition.

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