Plain language law

New Zealand law explained for everyone

Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

Reviews of condition and status of care recipients - Condition of every care recipient to be reviewed

79: Specialist assessor to issue certificate

You could also call this:

"A specialist assessor must give you a certificate after reviewing your care and support needs."

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

When you are reviewed under section 77, it ends with a certificate that says whether you still need the same status or if it needs to change. The specialist assessor in charge of your review must give you this certificate. They have to make sure the certificate follows the right rules, which could be section 82, section 89, or section 92, depending on your situation.

If you are no longer part of the criminal justice system, or you are a special care recipient who could be detained, the certificate must follow section 82. If you are a special care recipient because you were found unfit to stand trial under the Criminal Procedure (Mentally Impaired Persons) Act 2003, the certificate must follow section 89. If you are a special care recipient because you were acquitted due to insanity under the Criminal Procedure (Mentally Impaired Persons) Act 2003, the certificate must follow section 92.

The specialist assessor must choose the correct section to follow when giving you the certificate. This is an important part of the review process under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003. You will receive the certificate after your review is finished.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM225904.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal lawHealth and wellbeing > Mental healthRights and equality > Anti-discrimination
Previous

78: Reviews undertaken by specialist assessors, or

"A specialist checks how you're doing to see if you need more help or support."

Next

80: Specialist assessor to send certificate and reports to certain persons, or

"Specialist assessor shares their report with your care team"

Part 6Reviews of condition and status of care recipients
Condition of every care recipient to be reviewed

79Specialist assessor to issue certificate

  1. A review of a care recipient under section 77 is concluded by the issue of a certificate as to whether the status of the care recipient needs to be continued or needs to be changed.

  2. The certificate required by subsection (1) must be given by the specialist assessor who is responsible or principally responsible for the conduct of the review.

  3. The certificate required by subsection (1) must comply with whichever of the following provisions is relevant:

  4. section 82 (which relates to a care recipient no longer subject to the criminal justice system and to special care recipients liable to detention under sentences); or
    1. section 89 (which relates to a person who is a special care recipient because of an order made, under the Criminal Procedure (Mentally Impaired Persons) Act 2003, following a finding that the person is unfit to stand trial); or
      1. section 92 (which relates to a person who is a special care recipient because of an order made, under the Criminal Procedure (Mentally Impaired Persons) Act 2003, following the acquittal of the person on account of insanity).