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 - Continuation of compulsory care

86: Co-ordinator may seek variation of compulsory care order

You could also call this:

"A co-ordinator can ask the court to change a care plan to help keep someone safe."

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

If you are a co-ordinator, you can ask for a change to a compulsory care order. You must first talk to the care recipient's care manager. If you think a change is a good idea, you can apply to the Family Court. The court can then decide to make a change to the order. You can ask the court to change most parts of the order, but not how long it lasts.

When you ask the court to make a change, they will think about what is best for the care recipient. If the care recipient is not involved with the police or courts anymore, the court must decide if they need supervised care or secure care. The court will choose secure care only if supervised care would put the care recipient or others in serious danger.

The court's decision is important because it affects the care recipient's life. You should know that the court will make a decision based on the information they have. The court's main goal is to keep everyone safe.

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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=DLM225915.

Topics:

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85: Extension of compulsory care order, or

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

87: Court may defer expiry of order if application for extension pending, or

"The court can delay the end date of your care order if someone asks to extend it."

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: Continuation of compulsory care

86Co-ordinator may seek variation of compulsory care order

If the co-ordinator, after consultation with a care recipient's care manager, reaches the view that a variation of any aspect (other than the term) of the care recipient's compulsory care order is desirable, the co-ordinator may apply to the Family Court for a variation of the order.
The court may, on an application under subsection (1), vary a compulsory care order.
On an application under subsection (1) relating to a care recipient no longer subject to the criminal justice system, the court must consider and determine whether the care recipient must receive supervised care or secure care.
The court may order that a care recipient no longer subject to the criminal justice system receive secure care only if it considers that supervised care would pose a serious danger to the health or safety of the care recipient or of others.