Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

Relationship with other Acts

139: Certain orders under Criminal Procedure (Mentally Impaired Persons) Act 2003 prevail over orders under this Act

You could also call this:

"Some court orders can override others if you have an intellectual disability and break the law."

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

If you have an order under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003, it can be affected by other orders. You might have an order under the Criminal Procedure (Mentally Impaired Persons) Act 2003, which is a different law. This order can suspend the order under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003.

If you are subject to a compulsory care order, it can cease to have effect in certain situations. You can become subject to a different order under the Criminal Procedure (Mentally Impaired Persons) Act 2003, such as an order made under section 24(2) or section 34(1). You can also be sentenced by a court to be detained in a prison, which can also affect your compulsory care order.

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 It might be out of date or be missing some parts.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 7 August 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM225989.

Topics:

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

138: Orders under Oranga Tamariki Act 1989, or

"Rules from two laws can apply to you at the same time if you're a child or young person."

140: Compulsory care co-ordinators, or

"People to help with compulsory care are chosen by the Director-General of Health."

Part 10Relationship with other Acts

139Certain orders under Criminal Procedure (Mentally Impaired Persons) Act 2003 prevail over orders under this Act

If a person becomes subject to an order under section 38(2)(c) or section 44(1) of the Criminal Procedure (Mentally Impaired Persons) Act 2003, any order under this Act in respect of that person is suspended during the currency of that order under the Criminal Procedure (Mentally Impaired Persons) Act 2003.
A compulsory care order of a care recipient ceases to have effect if, after the order is made, the care recipient—
becomes subject to an order made under section 24(2) or section 34(1) of the Criminal Procedure (Mentally Impaired Persons) Act 2003; or
is sentenced by a court to be detained in a prison.