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Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

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

112: Warrant to enter and search places to retake escaped care recipients

You could also call this:

"Police can search for and take you back to your care home if you run away"

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

If you are a care recipient who has escaped, a District Court Judge or a Registrar can issue a warrant to search for you. They can do this if they believe you are in a certain place. The warrant allows a constable to search the place and take you to a facility. You will be taken to your care facility or another one chosen by the co-ordinator. The constable can use reasonable force to do this, and they can ask your care manager for help.

A constable can only get a warrant if your co-ordinator or care manager applies for one in writing and on oath. The warrant lets the constable and your care manager enter and search the place at any time.

The constable can remove you from the place and take you to a facility. They can use force if needed to carry out these actions.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM225954.

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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."

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113: Entry of place without warrant, or

"Police can enter a place to help keep you safe without needing a special paper called a warrant."

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

112Warrant to enter and search places to retake escaped care recipients

  1. A District Court Judge or (if no Judge is available) a Registrar may issue a warrant in the prescribed form authorising any constable to search a specified place and take a named person to a facility, if the District Court Judge or Registrar is satisfied that there are reasonable grounds for believing that the person—

  2. is a care recipient who has escaped; and
    1. is in the place that is to be specified in the proposed warrant.

      1. A warrant under subsection (1) can only be issued on an application, in writing, made on oath by the co-ordinator or the care manager of the care recipient who has escaped.

      2. A constable who executes a warrant under subsection (1) may do so with any assistance from the care recipient's care manager that the constable requests.

      3. A warrant authorises the constable who is executing it and the care manager who may be requested to assist the constable—

      4. to enter and search at any time the place specified in the warrant; and
        1. to remove the care recipient from that place and to take him or her to the care recipient's facility or to another facility specified by the co-ordinator; and
          1. to use any reasonable force that may be required to carry out any action referred to in paragraph (a) or paragraph (b).

            Notes
            • Section 112(1): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
            • Section 112(3): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
            • Section 112(4): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).