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Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

Relationship with other Acts

136: Application to mentally disordered persons

You could also call this:

"What happens if you have a mental disorder and are under compulsory care"

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

If you are a patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992, you cannot be given a compulsory care order. You can find more information about this Act on the New Zealand legislation website. If someone thinks you may have a mental disorder, they must ask for you to be assessed under the Mental Health Act.

If you are already under a compulsory care order and then become a proposed patient under the Mental Health Act, your compulsory care order is put on hold. Your care manager must keep a record of when this happens and how long your compulsory care order still has to run. When you are no longer a proposed patient, your compulsory care order starts again.

If you are a special care recipient and you become a patient under the Mental Health Act, you must be treated as a special patient until your status changes. You can find more information about the Criminal Procedure (Mentally Impaired Persons) Act 2003 on the New Zealand legislation website. Any orders that say you must be held in a secure facility are treated as if they say you must be held in a hospital under the Mental Health Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM225986.

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Crime and justice > Criminal lawCrime and justice > Courts and legal helpHealth and wellbeing > Mental healthRights and equality > Anti-discrimination
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Part 10Relationship with other Acts

136Application to mentally disordered persons

  1. No compulsory care order may be made in respect of a person who is a patient (other than a former special patient) or proposed patient within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992.

  2. If a care manager has reason to believe that a care recipient may have developed a mental disorder, the care manager must apply to have the care recipient assessed under section 8A of that Act.

  3. If a care recipient subject to a compulsory care order becomes a proposed patient within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992,—

  4. the care recipient's compulsory care order is suspended on the date of that occurrence; and
    1. the care recipient's care manager must keep a record of the date of the suspension and of the unexpired term of the care recipient's compulsory care order.

      1. A compulsory care order that is suspended in accordance with subsection (3)(a) is revived and continues to run on the date on which the care recipient ceases to be a proposed patient within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992 or is released from compulsory status under that Act.

      2. When a special care recipient becomes subject to compulsory status under the Mental Health (Compulsory Assessment and Treatment) Act 1992,—

      3. the special care recipient must be held as a special patient under that Act until the status of the person is changed in accordance with that Act or the Criminal Procedure (Mentally Impaired Persons) Act 2003; and
        1. any order under the Criminal Procedure (Mentally Impaired Persons) Act 2003 requiring the detention of the special care recipient in a secure facility is deemed to require his or her detention in a hospital under the Mental Health (Compulsory Assessment and Treatment) Act 1992; and
          1. any direction given during that period under section 31 or section 33 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 that the special care recipient be held as a patient must be treated, on the return of that person to a facility, as a direction that the person be held as a care recipient no longer subject to the criminal justice system.