Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Crimes affecting the administration of law and justice - Escapes and rescues

122: Assisting escape of mentally impaired person detained for offence

You could also call this:

“ Helping a mentally unwell person escape when they're supposed to be kept safe for breaking a rule ”

You can go to prison for up to 5 years if you do any of these things:

If you rescue someone who is supposed to be kept in a special hospital or facility because of their mental health or intellectual disability. This applies when they are being moved to or from the hospital, facility, or any other place.

If you are a police officer, prison officer, security officer, or someone who works at a mental health hospital or intellectual disability facility, and you have someone in your care who is meant to be there because of their mental health or intellectual disability. If you purposely let this person escape, whether they’re being moved or not, you can be punished.

The law mentions specific acts that define what these hospitals and facilities are. These are the Mental Health (Compulsory Assessment and Treatment) Act 1992 and the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM329023.

Topics:
Crime and justice > Criminal law
Health and wellbeing > Mental health
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121: Assisting escape from lawful custody, or

“Helping someone get out of jail or other official custody when they're not supposed to”

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“It used to be against the law to say mean things about God or religion, but this rule was removed in 2019.”

Part 6 Crimes affecting the administration of law and justice
Escapes and rescues

122Assisting escape of mentally impaired person detained for offence

  1. Every one is liable to imprisonment for a term not exceeding 5 years who—

  2. rescues any person who is ordered to be detained as a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992 or as a special care recipient under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 while that person is being taken to or from a hospital within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992, or a secure facility within the meaning of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003, or any other place; or
    1. being a constable, an officer of a prison, a security officer within the meaning of section 3(1) of the Corrections Act 2004, or an officer of or employee in any hospital within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992, or a secure facility within the meaning of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003, and who has in his or her custody any person lawfully detained as a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992 or as a special care recipient under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003, voluntarily and intentionally permits that person to escape from custody, whether while the person is being taken to or from any of the places specified in paragraph (a) or otherwise.

      Notes
      • Section 122: replaced, on , by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).
      • Section 122(b): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).