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Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

Inspections and inquiries - Inquiry by High Court Judge

102: Judge may call for report on care recipient or summon care recipient

You could also call this:

"A Judge can check on someone's care or ask them to come to court to make sure they are safe and being cared for properly."

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

A High Court Judge can order someone to visit a person who is being cared for and check how they are doing. The Judge can also ask for a report on the person's care. The Judge wants to know if the person is being cared for properly, so they ask for this report. You can think of a care recipient as someone who needs help and support.

A High Court Judge can also order a care manager to bring the care recipient to court. This is so the Judge can talk to the care recipient and make sure they are okay. The Judge can do this on their own or because someone asked them to.

The Judge can make these orders because they want to make sure the care recipient is safe and being cared for properly. You can find out more about this by looking at the law from 1992. The Judge is in charge of making sure the care recipient is being cared for correctly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM225941.

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101: Inquiries by district inspector, or

"Checking if care is working correctly: a district inspector's job"

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103: Judge may summon witnesses, or

"The Judge can ask people to come and talk about what they know to help with your case."

Part 7Inspections and inquiries
Inquiry by High Court Judge

102Judge may call for report on care recipient or summon care recipient

  1. A High Court Judge may make an order directing a district inspector or 1 or more other persons—

  2. to visit and examine a care recipient who is detained in a facility; and
    1. to inquire into and report on any matter relating to that care recipient that the Judge specifies.

      1. Whether an order under subsection (1) has been made or not, a High Court Judge may make an order directing a care manager to bring a care recipient for whom the care manager is responsible before the Judge in open court or in Chambers, for examination at a time specified in the order.

      2. An order under subsection (1) or (2) may be made on the Judge's own initiative or on the application of any person.

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