Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

Reviews of condition and status of care recipients - Status of certain special care recipients - Special care recipients detained because acquitted on account of insanity

92: Form of clinical review certificate for special care recipients detained because acquitted on account of insanity

You could also call this:

"Certificate to check if special care is still needed for people found not guilty due to insanity"

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

If you are a special care recipient because you were found not guilty of a crime due to insanity, this law applies to you. You were detained under the Criminal Procedure (Mentally Impaired Persons) Act 2003. A specialist assessor will complete a certificate about your care, as required by section 79.

The assessor must give their opinion about whether you should still be cared for as a special care recipient. They will say if it is still necessary for your own good or for the safety of others that you continue to receive this care.

The assessor can say it is no longer necessary for you to be cared for as a special care recipient if they think it is safe for you and others.

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 It might be out of date or be missing some parts.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 7 August 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM225924.

Topics:

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

91: Ministers to be notified if care for person as special care recipient considered no longer necessary, or

"Tell the Minister if a person no longer needs special care"

93: Where person considered not to require further care as special care recipient, or

"When you don't need special care anymore, a certificate is sent to the Minister to say so."

Part 6Reviews of condition and status of care recipients
Status of certain special care recipients: Special care recipients detained because acquitted on account of insanity

92Form of clinical review certificate for special care recipients detained because acquitted on account of insanity

This section applies to a person who is detained as 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.
When a specialist assessor completes a certificate, under section 79, for a person to whom this section applies, the assessor must state in respect of the person one of the following opinions:
it is still necessary, in the person's own interests or in the interests of the safety of any person, class of person, or the public, that the person continue to be cared for as a special care recipient:
it is no longer necessary, in the person's own interests or in the interests of the safety of any person, class of person, or the public, that the person continue to be cared for as a special care recipient.