Part 1Preliminary provisions
Interpretation
4Interpretation
In this Act, unless the context otherwise requires,—
applicant means a person who makes, or wishes to make, an application under section 14
approved provider means—
- a person who is certified, under the Health and Disability Services (Safety) Act 2001, to provide mental health services; or
- a person who is certified, under the Health and Disability Services (Safety) Act 2001, to provide mental health services; or
- a person who is designated under section 92
- the Family Court; or
- the District Court
- a controlled drug within the meaning of the Misuse of Drugs Act 1975; or
- a prescription medicine or restricted medicine within the meaning of the Medicines Act 1981
- a medical practitioner:
- a health practitioner who is, or is deemed to be, registered with the Psychologists Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of psychology:
- a health practitioner who is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing:
- a practitioner who has expertise in treating persons suffering from severe substance addiction and who is registered on account of that expertise by a body corporate designated under section 96(1):
- a social worker who is registered with the Social Workers Registration Board or who is a member of a body corporate designated under section 96(2)
- in relation to a patient who is not a child or young person, means the friend of the patient or the member of the patient's family group or whānau who is most evidently and directly concerned with the oversight of the patient's care and welfare:
- in relation to any patient who is a child or young person, means the person who has the primary responsibility for the day-to-day care of the child or young person
- the spouse, civil union partner, or de facto partner of that person; or
- a person who is connected by blood relationship to a person referred to in paragraph (a)
- any alcohol; or
- any drug; or
- any psychoactive substance (within the meaning of section 9 of the Psychoactive Substances Act 2013); or
- any volatile substance; or
- any substance declared by regulations made under this Act to be a substance for the purposes of this Act
approved specialist means a health professional who is designated under section 95
Area Director or Director of Area Addiction Services means a person appointed under section 88, and, in relation to a function, duty, or power, means the person appointed under that section who is responsible for the geographical area in which the function is to be performed, or the duty or power is to be exercised
authorised officer means a health professional designated under section 91
brain injury means an acquired, enduring neurocognitive impairment
chief executive means the chief executive of the department responsible for the administration of the Oranga Tamariki Act 1989
child or young person means a person under 18 years of age
compulsory status has the meaning given by section 11
compulsory treatment certificate means a certificate dated and signed under section 23
compulsory treatment order means an order made under section 32
court means—
criteria for compulsory treatment means the criteria set out in section 7
Director means the Director of Addiction Services appointed under section 86(1)
Director-General of Health means the chief executive under the Public Service Act 2020 of the Ministry of Health, and, in relation to any power or function delegated by that chief executive, includes any person to whom that chief executive has delegated that power or function
district inspector means a person appointed under section 90 to be a district inspector
drug means—
electronic communication means a communication transmitted to or by a patient by electronic means
health professional means a person who is 1 or more of the following:
mail means any letter, package, parcel, or article sent or delivered to or by a patient
manager, in relation to a treatment centre, means the person who is in charge of the treatment centre, by whatever name called
medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine
Minister means the Minister of Health
nominated person means a person nominated by a patient under section 49
party has the meaning given by section 69
patient means a person who is subject to compulsory status
principal caregiver,—
relative, in relation to any person, includes—
responsible clinician, in relation to a patient, means the approved specialist who is assigned to that patient under section 28
severe substance addiction has the meaning given by section 8
substance means—
treatment includes detoxification, care, counselling, rehabilitation, and interventions to alleviate or prevent the worsening of the symptoms or manifestations of severe substance addiction
treatment centre means a place, or part of a place, that is operated by an approved provider for the purposes of this Act, whether or not any other hospital care (within the meaning of the Health and Disability Services (Safety) Act 2001) is provided in that place
treatment plan means a plan prepared by a responsible clinician under section 29(a) and includes any adjustments or additions made by the responsible clinician under section 42(3) or 48(1)
volatile substance means any plastic solvent, adhesive cement, cleaning agent, glue, nail polish remover, lighter fluid, petrol or petroleum-based product, paint thinner, lacquer thinner, aerosol propellant, or anaesthetic gas
welfare guardian has the same meaning as in section 2 of the Protection of Personal and Property Rights Act 1988.
Notes
- Section 4 chief executive: amended, on , by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
- Section 4 Director-General of Health: amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
- Section 4 medical practitioner: replaced, on , by section 50 of the Health Practitioners Competence Assurance Amendment Act 2019 (2019 No 11).


