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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

67E: Submissions from certain victims

You could also call this:

"Victims of crime can have a say in decisions about a person's leave from special care"

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

If you are a victim of a crime, but not the kind of victim defined in section 5(1), and you are the kind of victim defined in section 4 of the Victims’ Rights Act 2002, you can make written submissions to the Director-General of Health. You can do this about the decision to let a special care recipient have leave under section 66(1) or 67(1). The Director-General of Health may tell you when they plan to make a decision about the leave, and give you other information you need to make your submissions.

If you want to make submissions, you can ask the Director-General of Health for information to help you. The Director-General may advise you of the date they intend to decide whether to support the proposed leave, and give you any other information you need.

The Director-General of Health and other people do not have to worry about being liable for things they do as part of their job under this section, unless they do something in bad faith. Section 67D also applies to you, with any necessary changes.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS802710.

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Crime and justice > Victim supportCrime and justice > Courts and legal helpHealth and wellbeing > Mental healthRights and equality > Anti-discrimination
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67D: Right of victims to make submissions on proposed leave, or

"Victims have the right to tell officials their concerns about an offender's leave."

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67F: Victims must be notified of decisions made under section 66, or

"Victims are told 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

67ESubmissions from certain victims

  1. This section applies to a person who—

  2. is not a victim as defined in section 5(1); but
    1. is a victim as defined in section 4 of the Victims’ Rights Act 2002.

      1. The person may make written submissions to the Director-General of Health about the decision of whether to authorise leave under section 66(1) or 67(1).

      2. If the person seeks information from the Director-General for the purpose of making submissions under subsection (2), the Director-General may—

      3. advise the person of the date on which the Director-General intends to decide whether to—
        1. support the proposed leave of the special care recipient under section 66(1); or
          1. authorise a special care recipient to be on leave under section 67(1); and
          2. give the person any other information that is reasonably necessary to enable the person to make submissions.

            1. Section 67D applies with any necessary modifications.

            2. Neither the Director-General nor any other person has any liability for an act done in pursuance, or intended pursuance, of the Director-General’s functions under this section, section 67F(1)(b), or 67G(1)(b), unless the act was done in bad faith.

            Notes
            • Section 67E: inserted, on , by section 25 of the Rights for Victims of Insane Offenders Act 2021 (2021 No 55).