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Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

Procedural provisions - Persons entitled to be heard

121: Attendance at hearing by care recipient and person in support

You could also call this:

"You and your support person must go to the court hearing, unless the Judge says you don't have to."

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

When you are the care recipient, you must be at the hearing for every application, unless the Judge says it is better for you not to be there after examining you as set out in section 41, or the court excuses or excludes you as set out in section 122. You can choose someone to support you at the hearing, like a friend or family member, or it could be your guardian or the person who takes care of you. This support person can be with you at the hearing, but they do not get to speak unless they have another reason to be heard.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM225969.

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120: Obligations of district inspector on receiving copy of application, or

"What the district inspector must do when they get a copy of an application about someone's care"

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122: Excusing or excluding care recipient, or

"When the court decides it's not safe or fair for someone to be at a hearing"

Part 9Procedural provisions
Persons entitled to be heard

121Attendance at hearing by care recipient and person in support

  1. The care recipient must be present throughout the hearing of every application unless,—

  2. in the case of an application for a compulsory care order, the Judge who examines the care recipient in accordance with section 41 certifies that it would be in the best interests of the care recipient to excuse the care recipient from attending the hearing; or
    1. the care recipient is excused or excluded by the court under section 122.

      1. The care recipient may be supported at the hearing of an application by a person nominated by the care recipient or by the care recipient's guardian, principal caregiver, or support person.

      2. A person nominated under subsection (2) is not entitled to be heard at the hearing, unless the person is otherwise entitled to be heard.

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