Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

Authority to take and detain care recipients - Authority to take care recipients who escape

110: Meaning of care recipient who has escaped

You could also call this:

"What it means to be a care recipient who has escaped from care"

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

When you are talking about someone who is a care recipient and has escaped, it means they have done one of the following things: they have left their facility without permission, or they have broken the rules of their authorised leave. You can also be a care recipient who has escaped if you were supposed to return to your facility after your leave ended, but you did not. This also includes if your authorised leave was cancelled and you did not go back to your facility, or if you left New Zealand when you were not supposed to, which is against what is said in section 67A(2), and this term is used in sections 111 to 113.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM225952.


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"When a court says so, a care manager can help someone get care and stay in a facility."


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111: Power to retake care recipient absent without authority, or

"When you leave your care place without permission, staff can take you back to get the help you need."

Part 8Authority to take and detain care recipients
Authority to take care recipients who escape

110Meaning of care recipient who has escaped

  1. In sections 111 to 113, care recipient who has escaped means a care recipient—

  2. who has left the care recipient's facility without authority; or
    1. who has breached any terms or conditions of authorised leave; or
      1. who has failed to return to the care recipient's facility after the expiry of authorised leave; or
        1. who has failed to return to the care recipient's facility after the cancellation of previously authorised leave; or
          1. who has departed from New Zealand in contravention of section 67A(2).
            Notes
            • Section 110(ab): inserted, on , by section 35(1) of the Enhancing Identity Verification and Border Processes Legislation Act 2017 (2017 No 42).
            • Section 110(c): amended, on , by section 35(2) of the Enhancing Identity Verification and Border Processes Legislation Act 2017 (2017 No 42).
            • Section 110(d): inserted, on , by section 35(3) of the Enhancing Identity Verification and Border Processes Legislation Act 2017 (2017 No 42).