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

42: Visiting Judge may order withdrawal of application

You could also call this:

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

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

If you are a proposed care recipient, a Visiting Judge can look at your situation under section 41. The Judge might decide you do not need a compulsory care order. If the Judge decides this, they can tell the co-ordinator to withdraw the application for the order. You will then be returned to the control of the manager of the facility where you are staying, or to the control of the Director of Area Mental Health Services, depending on what is needed. This means you will no longer be under the care of the facility, and will be looked after by someone else.

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This page was last updated on 7 August 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM225450.

Topics:

Crime and justice > Courts and legal helpHealth and wellbeing > Mental healthRights and equality > Anti-discrimination

41: Judge to examine proposed care recipient, or

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

43: Visiting Judge, wherever possible, to hear application, or

"A Judge will usually hear your case after they have examined you."

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

42Visiting Judge may order withdrawal of application

If after examining, under section 41, a proposed care recipient the Judge is satisfied that the care recipient does not require a compulsory care order, the Judge may direct that the co-ordinator withdraw the application for the compulsory care order; and if the proposed care recipient is staying in a facility, he or she must be returned to the control of the appropriate manager or to the control of the Director of Area Mental Health Services, as the case requires.

Compare

1992 No 46 s 18(5)

Notes

Section 42: amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).