Public Safety (Public Protection Orders) Act 2014

Procedural, administrative, and miscellaneous matters - Procedural matters - Procedure governing applications to court

111: Suspension of proceedings in certain cases

You could also call this:

"Stopping a court case when someone is in hospital or prison"

Illustration for Public Safety (Public Protection Orders) Act 2014

If you are waiting for a court to decide on a public protection order, and the person the order is about is in a hospital under the Mental Health (Compulsory Assessment and Treatment) Act 1992, the court case stops for now. This also happens if the person is in a facility under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003, or in a prison for a reason not related to this Act. The court case will wait until the person is no longer in the hospital, facility, or prison.

When the person is no longer detained, the court case can start again. The court will then continue to decide on the public protection order. You can find more information about the laws that apply to hospitals and facilities on the Mental Health (Compulsory Assessment and Treatment) Act 1992 and Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 websites.

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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=DLM6050229.

Topics:

Crime and justice > Courts and legal helpCrime and justice > Criminal lawHealth and wellbeing > Mental health

110: Court may suppress evidence and submissions, or

"Court can keep some information secret to keep people safe"

112: Reports to be provided to review panel, or

"Information about you must be given to the review panel to help them make decisions"

Part 2Procedural, administrative, and miscellaneous matters
Procedural matters: Procedure governing applications to court

111Suspension of proceedings in certain cases

This subsection applies if, while an application for a public protection order is pending, the respondent is detained—
in a hospital under the Mental Health (Compulsory Assessment and Treatment) Act 1992; or
in a facility under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003; or
in a prison otherwise than under this Act.

If subsection (1) applies, the proceeding on the application for the public protection order is suspended until the respondent is no longer detained in the hospital, facility, or prison.