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Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

Status and rights of care recipients - Requirement to stay in designated facilities or places - Leave for special care recipients

67A: Special care recipients not to leave secure facility or depart from New Zealand without permission

You could also call this:

"Special care recipients must get permission to leave their secure facility or New Zealand."

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

If you are a special care recipient, you cannot leave the secure facility where you are staying unless you are allowed to by the Minister under section 66 or by the Director-General under section 67. You need permission to leave the facility. The Minister or Director-General decides who can leave.

You also cannot leave New Zealand unless you are on authorised leave and the Minister says you can. The Minister sets rules for your trip outside New Zealand. You must follow these rules when you leave New Zealand.

If you are thinking about leaving New Zealand, it means you are trying to depart, or getting ready to depart. Authorised leave means you have permission to leave the secure facility under section 66 or section 67.

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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=DLM7422911.

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67: Director-General may authorise short-term leave, or

"The boss of health can let you have a short holiday from a secure place for up to 7 days with rules to follow."

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67B: When victims must be notified of impending decision under section 66, or

"Telling victims about decisions on a special care recipient's leave"

Part 5Status and rights of care recipients
Requirement to stay in designated facilities or places: Leave for special care recipients

67ASpecial care recipients not to leave secure facility or depart from New Zealand without permission

  1. A special care recipient may not leave the secure facility in which the special care recipient is detained unless—

  2. authorised by the Minister under section 66; or
    1. authorised by the Director-General under section 67.

      1. A special care recipient may not depart from New Zealand unless—

      2. the special care recipient is on authorised leave; and
        1. the special care recipient is permitted by the Minister, on terms and conditions specified by the Minister, to be absent from New Zealand during that authorised leave; and
          1. the special care recipient’s departure from New Zealand is in accordance with the terms and conditions of the Minister’s permission given under paragraph (b).

            1. In subsection (2),—

              authorised leave, in relation to a special care recipient, means leave from the secure facility in which the special care recipient is detained that is authorised under section 66 or 67

                depart includes—

                1. attempt to depart:
                  1. prepare to depart.

                  Notes
                  • Section 67A: inserted, on , by section 34 of the Enhancing Identity Verification and Border Processes Legislation Act 2017 (2017 No 42).