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

67: Director-General may authorise short-term leave

You could also call this:

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

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

The Director-General of Health can let you take a short break from a secure facility for up to 7 days. They get to decide the rules for your break. You have to follow the rules they set.

The Director-General of Health cannot let you take a break if you are described in section 66(3). They can cancel your break at any time by telling the person looking after you or by telling you directly.

The Director-General of Health can give someone else the power to make decisions about your break, but that person has to follow any rules the Director-General sets. If you used to be in prison, the person making decisions about your break has to talk to the prison manager first, if you were transferred after an application under section 29.

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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=DLM225487.

Topics:

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

66: Minister may authorise leave for special care recipients, or

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

67A: Special care recipients not to leave secure facility or depart from New Zealand without permission, or

"Special care recipients must get permission to leave their secure facility or New Zealand."

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

67Director-General may authorise short-term leave

The Director-General of Health may authorise a special care recipient to be on leave, from the secure facility in which the care recipient is detained, for a period of not more than 7 days on any terms and conditions that the Director-General specifies.
The power to authorise leave under this section may not be exercised in respect of a care recipient described in section 66(3).
The Director-General of Health 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 special care recipient during the period of leave or, if there is no such person, by notifying the care recipient.
With the authority of the Director-General and subject to any conditions that the Director-General may impose, the co-ordinator may exercise in any particular case the powers conferred on the Director-General by this section.
Before the co-ordinator exercises a power under subsection (4) in respect of a care recipient who, following an application under section 29, has been transferred from a prison, the co-ordinator must consult with the manager of that prison.

Compare

1992 No 46 s 52

Notes

Section 67(5): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).