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

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

You could also call this:

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

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

If you have a compulsory care order that is about to expire, the court can delay its expiry. This can happen when someone has applied to extend your order under section 85 and the court has not yet made a decision. The court will choose a new expiry date that gives them enough time to consider the application.

The person in charge of your care, called the co-ordinator, can ask the court to delay the expiry of your order without telling you first. When the court makes this decision, the co-ordinator must give a copy of the order to everyone who is supposed to get a copy of the application to extend your order under section 85.

If you get a copy of the order, or if you are supposed to get a copy, you can ask the court to cancel or change the order.

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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=DLM225916.

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

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

88: Co-ordinator and court to have regard to specialist assessor's certificate, or

"The court and co-ordinator must consider a specialist's report when deciding about compulsory care."

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

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

If a care recipient's order is due to expire at any time when an application, under section 85, to extend the term of that order is pending before the Family Court, the court may defer the expiry of the order by specifying a date as the last day of a period that, in the opinion of the court, is sufficient for the application to be heard and determined.
The co-ordinator may apply without notice for an order, under subsection (1), to defer the expiry of a compulsory care order.
As soon as the court makes an order under subsection (1), the co-ordinator must serve a copy of the order on every person who is entitled to be served with a copy of the application under section 85.
Every person served, or entitled to be served, under subsection (3) with a copy of an order under subsection (1) may apply to the court for the cancellation or variation of the order.