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Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

Status and rights of care recipients - Requirement to stay in designated facilities or places - Leave for special care recipients

66: Minister may authorise leave for special care recipients

You could also call this:

"The Minister can allow people in special care to take a break if a doctor agrees and certain conditions are met."

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

The Minister can let someone who needs special care leave their secure facility if a specialist says they are fit to leave and the Director-General of Health agrees. The Director-General of Health will think about what a victim has said, as stated in section 67D or 67E, when deciding whether to support the leave. The Minister can set conditions for the leave, like when the person needs to return to the facility.

The Minister can choose to include a condition that the person must return to the facility on a certain date or within a certain time. You cannot be on leave if you have been charged with or found guilty of a crime and are waiting for a trial, hearing, or sentencing, or if you are waiting for an appeal. You also cannot be on leave if you have been sentenced to life in prison or preventive detention.

The Minister can cancel the leave at any time by telling the person taking care of you during the leave, or by telling you directly if there is no one taking care of you.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM225486.

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65E: Information about victims not to be disclosed, or

"Keep victims' personal details private"

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67: Director-General may authorise short-term leave, or

"The boss of health can let you have a short holiday from a secure place for up to 7 days with rules to follow."

Part 5Status and rights of care recipients
Requirement to stay in designated facilities or places: Leave for special care recipients

66Minister may authorise leave for special care recipients

  1. The Minister may authorise a special care recipient to be on leave from the care recipient’s secure facility on any terms and conditions that the Minister specifies, if—

  2. a specialist assessor certifies that the care recipient is fit to be on leave; and
    1. the Director-General of Health supports the proposed leave, taking into account any submission from a victim made in accordance with section 67D or 67E.

      1. The Minister may (at the Minister's discretion) include in the conditions specified under subsection (1) a condition that the care recipient return to the secure facility on a specified date or within a specified period.

      2. No care recipient may be on leave, authorised under this section, if the care recipient—

      3. is charged with, or convicted of, an offence, and—
        1. a trial or hearing of that offence is to take place; or
          1. the care recipient is to be sentenced for that offence; or
            1. an appeal in respect of that offence is pending; or
            2. is subject to a sentence of imprisonment for life or to a sentence of preventive detention.

              1. The Minister may, at any time during a period of leave authorised under this section, cancel that leave by notifying the person who has undertaken the care of the care recipient during the period of leave or, if there is no such person, by notifying the care recipient.

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              Notes
              • Section 66(1): replaced, on , by section 24 of the Rights for Victims of Insane Offenders Act 2021 (2021 No 55).