Health Act 1956

Miscellaneous provisions

126: Infirm and neglected persons

You could also call this:

"Help for people who need care and a safe place to live"

If you are an aged, infirm, incurable, or destitute person living in insanitary conditions or without proper care, the District Court can make an order to send you to a hospital or institution that can help you. This can happen even if you are not in those conditions at the time, but you usually live like that. The court can make this decision if a medical officer of health asks them to.

If the court makes an order and you refuse to go to the hospital or institution, an environmental health officer or a constable can take you there without needing a special warrant. They will hand you over to the person in charge of the hospital or institution, who can keep you there as per the court's order. You will have to stay there until the order says you can leave.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM308473.


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Part 7Miscellaneous provisions

126Infirm and neglected persons

  1. If any aged, infirm, incurable, or destitute person is found to be living in insanitary conditions or without proper care or attention, the District Court may, on the application of the medical officer of health, make an order for the committal of that person to any appropriate hospital or institution available for the reception of such persons.

  2. An order under this section may be made in respect of any such person who habitually lives in any such conditions as aforesaid, notwithstanding that at the time of the application or of the order he may have been temporarily removed from such conditions or such conditions may have been temporarily remedied.

  3. If any person in respect of whom an order is made under this section refuses to comply with that order, any environmental health officer under this Act or any constable may, without further warrant than this section, take that person and place him in the custody of the Medical Superintendent or manager or other person in charge of such hospital or institution as aforesaid, who shall have authority to detain him pursuant to the order of committal.

Notes
  • Section 126(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 126(1): amended, on , by section 36 of the Health Amendment Act 1993 (1993 No 24).
  • Section 126(3): amended, on , pursuant to section 2(4) of the Health Amendment Act 1988 (1988 No 99).