Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

Reviews of condition and status of care recipients - Change in status of care recipient no longer subject to criminal justice system and special care recipients liable to detention under sentence - Release from compulsory care

84: Cancellation of court orders of certain care recipients

You could also call this:

"The court can stop a care order if you don't need care anymore."

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

If you are a care recipient, the Family Court can cancel your compulsory care order. This can happen if the court thinks you no longer need to be cared for as a care recipient. The co-ordinator can ask the court to cancel your order at any time.

The co-ordinator must ask the court to cancel your order if they get a certificate that says you no longer need care. This certificate might be made under section 79. The co-ordinator has to make this request as soon as they can.

The court can also cancel your order if you are a special care recipient and you are in detention because of a sentence. The co-ordinator can ask the court to cancel your order if the court thinks you no longer need care and you are no longer liable to detention under a sentence or you are not subject to the criminal justice system. This can include orders made under section 34(1)(a)(ii) of the Criminal Procedure (Mentally Impaired Persons) Act 2003.

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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=DLM225912.

Topics:

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

83: Status on expiry of term of compulsory care order, or

"What happens when your compulsory care order finishes"

85: Extension of compulsory care order, or

"The court can extend your care time to keep you and others safe."

Part 6Reviews of condition and status of care recipients
Change in status of care recipient no longer subject to criminal justice system and special care recipients liable to detention under sentence: Release from compulsory care

84Cancellation of court orders of certain care recipients

If the Family Court is satisfied that a care recipient no longer subject to the criminal justice system or a special care recipient who is liable to detention under a sentence no longer needs to be cared for as a care recipient, the court may, on the application of the co-ordinator, cancel the care recipient's compulsory care order or the care recipient's order made under section 34(1)(a)(ii) of the Criminal Procedure (Mentally Impaired Persons) Act 2003.
The co-ordinator—
may make an application under subsection (1) at any time; and
must, as soon as practicable after a certificate under section 79 states that a care recipient no longer needs to be cared for as a care recipient, make an application under subsection (1) in respect of that care recipient's compulsory care order.