Plain language law

New Zealand law explained for everyone

Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

Authority to take and detain care recipients - Protection from criminal responsibility

115: Matters of justification or excuse

You could also call this:

"You're protected if you follow what you think is a real order, as long as you're not being careless."

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

If you do something or don't do something because you believe a document is a real order, you are protected from getting in trouble. This protection applies if you think the order is real and you are not being careless or ignoring the law. You are protected even if the order is not correct, as long as you genuinely believed it was.

If you rely on an order from the Criminal Procedure (Mentally Impaired Persons) Act 2003, you are protected. You must believe the order is good in law and not be careless or ignoring the law. A court will decide if you were careless or ignoring the law.

Some rules from the Crimes Act 1961, like sections 30, 31, 34, 39, and 40, also apply to the powers in sections 111, 112(4), and 113(3). These rules apply as if the powers were a power of arrest. This means you have some protections if someone is using these powers.

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 It might be out of date or be missing some parts.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

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM225958.

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

114: Matters to be observed when place entered, or

"What police must do when they enter a place"

Next

116: Jurisdiction of Family Court, or

"When to go to the Family Court for important decisions"

Part 8Authority to take and detain care recipients
Protection from criminal responsibility

115Matters of justification or excuse

  1. Every person is protected from criminal responsibility for anything done or omitted in good faith and in reliance on a document appearing to be—

  2. a compulsory care order; or
    1. an order (other than a compulsory care order) made under the Criminal Procedure (Mentally Impaired Persons) Act 2003 directing that a person be cared for under this Act.

      1. The protection given by subsection (1) applies even if the order is defective, as long as the person who relied on the order believed, in good faith and without culpable ignorance or negligence, that the order was good in law; and in this case ignorance of the law is an excuse.

      2. For the purposes of subsection (2), it is a question of law whether in the circumstances a person's belief is based on culpable ignorance or negligence.

      3. Sections 30, 31, 34, 39, and 40 of the Crimes Act 1961 apply with any necessary modifications in respect of the power described in each of the sections listed in subsection (5) as if the power were a power of arrest.

      4. The sections referred to in subsection (4) are sections 111, 112(4), and 113(3).

      Compare