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Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

Procedural provisions - Persons entitled to be heard

125: Court may call for report on care recipient

You could also call this:

"The court can ask for a report to help make a decision about your care."

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

The court can ask someone to write a report about you if you are getting care and the court needs more information to make a decision. The court will think about what you want and what other people involved in the case want before asking for a report. The court will make sure everyone involved in the case gets a copy of the report.

If the court gets a report, it will be given to your lawyer and the lawyers for the other people involved in the case. The court can stop your lawyer from showing you the report if it thinks that would put you or someone else in danger. The court will decide who pays for the report, either one of the people involved in the case or the government.

The court has to follow rules when asking for a report, like making sure everyone gets a copy and deciding who pays for it. You can find more information about this in the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 and similar laws like the one mentioned here. The court's job is to make fair decisions, and asking for reports is one way it does that.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM225973.

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Part 9Procedural provisions
Persons entitled to be heard

125Court may call for report on care recipient

  1. The court—

  2. may, if it is satisfied that it is necessary for the determination of an application under this Act, request a qualified person to prepare a report on any matter relating to the care recipient that the court specifies; and
    1. must, if it makes such a request, make an order or decision under subsection (5).

      1. In deciding whether or not to request a report under subsection (1), the court may ascertain and have regard to the wishes of the care recipient and any other party to the proceeding.

      2. The Registrar of the court must give a copy of a report obtained under this section to the lawyer for the care recipient and to the lawyer for each of the other parties to the proceeding or, if a party is not represented by a lawyer, to that party.

      3. The court must order that a copy of a report given to a lawyer under subsection (3) may not be given or shown to the person for whom the lawyer is acting if the court has reason to believe that disclosure of the contents of the report may pose a serious threat to the health or safety of the care recipient or of any other person.

      4. Where a person prepares a report under subsection (1), the court must order either—

      5. that a party to the proceeding pay the fees and expenses of that person; or
        1. that those fees and expenses be paid out of public money appropriated by Parliament for the purpose.

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