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Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

Procedural provisions - Persons entitled to be heard

117: Persons entitled to be heard on applications

You could also call this:

"Who gets to have a say in court about someone's care?"

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

When you are involved in a court case about someone's care, some people can come to court and say what they think. You can be heard if you are the person getting care. The people who can also be heard are the person's welfare guardian, main caregiver, parents or guardians if the person is a child, the person's lawyer, and some other people who are involved in their care.

If the person getting care is in prison, the prison superintendent can also come to court. If the person used to be a special patient, the Director of Area Mental Health Services who asked for them to be assessed under section 29(2) can be heard. The court can also let other people come and talk if they have a good reason to be involved in the person's care.

There are some rules that might stop the person getting care from being heard, and you can find these rules in sections 122 and 123.

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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=DLM225963.

Topics:
Crime and justice > Courts and legal helpHealth and wellbeing > Mental healthRights and equality > Anti-discrimination
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116: Jurisdiction of Family Court, or

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

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118: Specialist assessors and care managers entitled to appear and be heard on certain applications, or

"Care managers and specialist assessors can speak up in court about someone's care."

Part 9Procedural provisions
Persons entitled to be heard

117Persons entitled to be heard on applications

  1. The following persons may appear and be heard at every hearing of an application (other than an application without notice) that relates to a care recipient:

  2. the care recipient:
    1. any welfare guardian of the care recipient:
      1. the principal caregiver of the care recipient:
        1. if the care recipient is a child or young person, each parent or guardian of the child or young person:
          1. any lawyer of the care recipient:
            1. if the care recipient is a prisoner, the superintendent who has the control of the care recipient or to whose control he or she is to be returned on ceasing to be a care recipient:
              1. if the care recipient is a former special patient, the Director of Area Mental Health Services who applied to have the care recipient assessed under section 29(2):
                1. the co-ordinator:
                  1. the responsible district inspector:
                    1. any other person the court considers should be entitled to appear and be heard because of that person's interest in the welfare of the care recipient.

                      1. Subsection (1)(a) is subject to sections 122 and 123.

                      Notes
                      • Section 117(1)(f): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).