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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 - Making compulsory care order

43: Visiting Judge, wherever possible, to hear application

You could also call this:

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

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

When you are involved in a case about a compulsory care order, a Judge will examine you under section 41. The same Judge must hear your case, if possible. You will be examined by a Judge first, and then your case can be heard right after that. Your case cannot be heard until you have been examined by a Judge, as stated in section 41.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM225454.

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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."

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44: Court to consider proposed care recipient's condition, or

"Court checks if someone has an intellectual disability before making a care decision"

Part 4Compulsory care and rehabilitation of prisoners and former special patients
Compulsory care orders for prisoners and former special patients: Making compulsory care order

43Visiting Judge, wherever possible, to hear application

  1. The Judge who examines a proposed care recipient under section 41 must, wherever possible, conduct any hearing of the application for a compulsory care order in respect of that proposed care recipient.

  2. An application for a compulsory care order—

  3. may not be heard until the proposed care recipient has been examined by a Judge in accordance with section 41; but
    1. may be heard immediately after that examination.

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