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Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003
Inspections and inquiries
Inquiry by High Court Judge
104: Judge may release care recipient no longer subject to criminal justice system

Part 1:
Preliminary provisions

2Commencement 3Purposes 4Outline 5Interpretation 6Meaning of care recipient and related terms 7Meaning of intellectual disability 8Persons who do not have intellectual disability 9Meaning of facility and secure facility 9ATransitional, savings, and related provisions 10Act binds the Crown

Part 2:
Principles and general duties

11Principles governing exercise of powers under this Act 12Principles governing decisions affecting children and young persons 13Powers to be exercised with proper respect for cultural identity and personal beliefs 14Interpreters to be provided

Part 3:
Needs assessments and care and rehabilitation plans

Assessment of care and rehabilitation needs

15Needs assessments required for certain care recipients 16Purposes of needs assessment 17When needs assessment process to be commenced 18How needs assessment process to be commenced 19Maximum period for needs assessment and preparation of care and rehabilitation plan 20Co-ordinator to consult assessors 21Co-ordinator to consult with persons concerned with welfare of care recipient 22Case conferences 23Cultural assessment

Care and rehabilitation plan

24Care and rehabilitation plan to be prepared for care recipient 25Care and rehabilitation plan to identify personal needs of care recipients 26Care programme 27Other matters 28Care and rehabilitation plan may be varied

Part 4:
Compulsory care and rehabilitation of prisoners and former special patients

Assessment of prisoners and former special patients

29Application for assessment of prisoner or former special patient 30Matters to be stated in application 31Application to be accompanied by certificate 32Arrangements for assessment 33Assessment of child or young person 34Timing for, and place of, assessment 35Proposed care recipients may have to stay in facility 36Prisoners to appear in court 37Assessment examination 38Result of assessment

Compulsory care orders for prisoners and former special patients

Part 5:
Status and rights of care recipients

General status and specific rights

Status generally

47Requirement to accept care

Specific rights of care recipients

48Care recipients are consumers under Code of Health and Disability Services Consumers' Rights 49General rights to information 50Respect for cultural identity 51Medical treatment 52Rights in case of visual or audio recording 53Right to independent health and disability advice 54Right to legal advice 55Right to company 56Right to receive visitors and communicate orally with persons outside facility 57Right to receive and send written communications and other items 58Written communications or other items not to be intercepted if sent by or to certain office holders 59Procedure where written communications or other items intercepted

Specific powers exercisable over care recipients

60Seclusion 61Restraint of care recipients 62Enforced medical treatment 62ACollection of biometric information from special care recipients

Requirement to stay in designated facilities or places

Placement of care recipients

63Designation notices relating to secure care 64Directions relating to supervised care

Leave for care recipients no longer subject to criminal justice system

65Care manager may grant leave 65AWhen victims must be notified of impending decision under section 65 65BRight of victims to make submissions on proposed leave 65CSubmissions from certain victims 65DVictims must be notified of decisions made under section 65 65EInformation about victims not to be disclosed

Leave for special care recipients

66Minister may authorise leave for special care recipients 67Director-General may authorise short-term leave 67ASpecial care recipients not to leave secure facility or depart from New Zealand without permission 67BWhen victims must be notified of impending decision under section 66 67CWhen victims must be notified of impending decision under section 67 67DRight of victims to make submissions on proposed leave 67ESubmissions from certain victims 67FVictims must be notified of decisions made under section 66 67GVictims must be notified of decisions made under section 67 67HInformation about victims not to be disclosed

Status of special care recipients subject to sentences

68When liability to detention under sentence ceases 69Relationship between detention in secure facility and sentence 70Care recipient whose status changes under section 69 to be held in secure care 71Former care recipients subject to sentence to be taken to prison

Part 6:
Reviews of condition and status of care recipients

Initial review of care and rehabilitation plan or compulsory care order

72Co-ordinator to report to Family Court on appropriateness of order and plan 73Co-ordinator must send copy of report to certain persons 74Review by Family Court 75Family Court may call for reports 76Family Court may make recommendations

Condition of every care recipient to be reviewed

77Regular clinical reviews of care recipients 78Reviews undertaken by specialist assessors 79Specialist assessor to issue certificate 80Specialist assessor to send certificate and reports to certain persons 81Co-ordinator to send copy of certificate to certain persons

Change in status of care recipient no longer subject to criminal justice system and special care recipients liable to detention under sentence

Form of certificate

82Form of clinical review certificate for care recipients no longer subject to criminal justice system and care recipients liable to detention under sentence

Release from compulsory care

83Status on expiry of term of compulsory care order 84Cancellation of court orders of certain care recipients

Continuation of compulsory care

85Extension of compulsory care order 86Co-ordinator may seek variation of compulsory care order 87Court may defer expiry of order if application for extension pending 88Co-ordinator and court to have regard to specialist assessor's certificate

Status of certain special care recipients

Special care recipients detained because unfit to stand trial

89Form of clinical review certificate for special care recipients detained because unfit to stand trial 90Attorney-General to be notified if special care recipient considered fit to stand trial 91Ministers to be notified if care for person as special care recipient considered no longer necessary

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

Change of status of certain special care recipients resulting from ministerial directions or court order

94Status of special care recipients found unfit to stand trial or insane

Part 7:
Inspections and inquiries

Inspections, investigations, and inquiries by district inspectors

Inspections

95Visits by district inspectors 96Inspectors' access to persons and documents

Complaints about breaches of rights

97Complaint of breach of rights 98Investigation by district inspector 99Care recipient to be informed of outcome of investigation 100Duty of care manager to put things right

Inquiries by district inspectors

101Inquiries by district inspector

Inquiry by High Court Judge

102Judge may call for report on care recipient or summon care recipient 103Judge may summon witnesses 104Judge may release care recipient no longer subject to criminal justice system 105Orders Judge may make in relation to special care recipient detained because unfit to stand trial 106Orders Judge may make in relation to special care recipient detained because acquitted on account of insanity 107Judge may report to Minister 108Other remedies still available

Part 8:
Authority to take and detain care recipients

Authority to detain under court orders

109Authority to admit and detain under orders

Authority to take care recipients who escape

110Meaning of care recipient who has escaped 111Power to retake care recipient absent without authority 112Warrant to enter and search places to retake escaped care recipients 113Entry of place without warrant 114Matters to be observed when place entered

Protection from criminal responsibility

115Matters of justification or excuse

Part 9:
Procedural provisions

Which court?

116Jurisdiction of Family Court

Persons entitled to be heard

117Persons entitled to be heard on applications 118Specialist assessors and care managers entitled to appear and be heard on certain applications 119Entitlement to be served with application 120Obligations of district inspector on receiving copy of application 121Attendance at hearing by care recipient and person in support 122Excusing or excluding care recipient 123Representation of persons entitled to be heard, and special rights of care recipient 124Appointment by court of lawyer to represent care recipient 125Court may call for report on care recipient 126Evidence on report 127Court not bound by rules of evidence 128Power of court to call witnesses 129Proceedings not open to public 130Publication of reports of proceedings 131Court may dispense with hearing in certain circumstances 132Care recipient to be given copy of order

Appeals

133Appeals from decisions of Family Court 134Further appeal to Court of Appeal 135Orders stay in force during appeal

Part 10:
Relationship with other Acts

136Application to mentally disordered persons 137Orders under Protection of Personal and Property Rights Act 1988 138Orders under Oranga Tamariki Act 1989 139Certain orders under Criminal Procedure (Mentally Impaired Persons) Act 2003 prevail over orders under this Act

Part 11:
Administration

Co-ordinators, care managers, and district inspectors

140Compulsory care co-ordinators 141Designation of care manager 142Co-ordinator or care manager may delegate powers 143Status of delegations 144Designation of district inspectors 145No proceedings against district inspectors unless bad faith shown 146Designation of specialist assessors and medical consultants 147Director-General of Health may call for reports 147ACrimes of Torture Act 1989 not limited

Standards, rules, and regulations

148Director-General may promulgate guidelines and standards 149Rules 150Regulations

Schedule 1:
Transitional, savings, and related provisions

Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

Inspections and inquiries - Inquiry by High Court Judge

104: Judge may release care recipient no longer subject to criminal justice system

You could also call this:

"A Judge can set you free from care if you don't need it or aren't breaking the law."

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

If you are a care recipient and you are no longer part of the criminal justice system, a Judge will examine your situation under section 102(2). The Judge can decide to stop you being a care recipient if they think you are being detained illegally or you no longer need care. You will no longer be a care recipient if the Judge is satisfied with either of these reasons.

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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=DLM225943.

Topics:

Crime and justice > Criminal lawCrime and justice > Courts and legal helpHealth and wellbeing > Mental healthRights and equality > Anti-discrimination

103: Judge may summon witnesses, or

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

105: Orders Judge may make in relation to special care recipient detained because unfit to stand trial, or

"What happens to you if you're unfit to stand trial and need special care"

Part 7Inspections and inquiries
Inquiry by High Court Judge

104Judge may release care recipient no longer subject to criminal justice system

After the examination, under section 102(2), of a care recipient no longer subject to the criminal justice system, the Judge may order that the care recipient cease to be a care recipient if the Judge is satisfied—
that the care recipient is detained illegally as a care recipient; or
that the care recipient no longer needs to be cared for as a care recipient.

Compare

1992 No 46 s 84(3)