Substance Addiction (Compulsory Assessment and Treatment) Act 2017

Preliminary provisions - Interpretation

4: Interpretation

You could also call this:

"What special words mean in the Substance Addiction Act"

Illustration for Substance Addiction (Compulsory Assessment and Treatment) Act 2017

When you read the Substance Addiction Act, you will see some words that have special meanings. You need to understand what these words mean to know how the law works. The law explains what each word means.

The law says what an applicant is - a person who makes an application under section 14. It also says what an approved provider is - a person certified to provide mental health services under the Health and Disability Services (Safety) Act 2001, or a person designated under section 92. An approved specialist is a health professional designated under section 95.

The law explains other words like Area Director, authorised officer, and brain injury. An Area Director is a person appointed under section 88, and an authorised officer is a health professional designated under section 91. A brain injury is an acquired, enduring neurocognitive impairment.

The law also says what a chief executive is - the chief executive of the department responsible for the administration of the Oranga Tamariki Act 1989. A child or young person is someone under 18 years old. Compulsory status is explained in section 11, and compulsory treatment certificate means a certificate dated and signed under section 23.

The law explains more words like court, criteria for compulsory treatment, and Director. A court means the Family Court or the District Court. The criteria for compulsory treatment are set out in section 7. A Director means the Director of Addiction Services appointed under section 86(1).

You will also see words like district inspector, drug, electronic communication, and health professional. A district inspector is a person appointed under section 90. A drug includes a controlled drug, prescription medicine, or restricted medicine. An electronic communication is a message sent to or by a patient by electronic means. A health professional includes a medical practitioner, psychologist, nurse, or social worker.

The law says what a medical practitioner is - a health practitioner registered with the Medical Council of New Zealand. A Minister means the Minister of Health. A nominated person is someone nominated by a patient under section 49. A party has the meaning given by section 69.

You will see more words like patient, principal caregiver, relative, and responsible clinician. A patient is someone subject to compulsory status. A principal caregiver is the person who oversees a patient's care and welfare. A relative includes a spouse, partner, or family member. A responsible clinician is an approved specialist assigned to a patient under section 28.

The law explains words like severe substance addiction, substance, treatment, and treatment centre. Severe substance addiction is explained in section 8. A substance includes alcohol, drugs, or psychoactive substances. Treatment includes care, counselling, or rehabilitation. A treatment centre is a place operated by an approved provider for the purposes of the Act.

The law also says what a treatment plan is - a plan prepared by a responsible clinician under section 29(a). A volatile substance includes things like glue, petrol, or paint thinner. A welfare guardian has the same meaning as in section 2 of the Protection of Personal and Property Rights Act 1988.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6609066.


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3: Purpose, or

"This law helps people with severe substance addiction get the treatment they need to stay safe and recover."


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"The law applies to the government too"

Part 1Preliminary provisions
Interpretation

4Interpretation

  1. 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—

      1. a person who is certified, under the Health and Disability Services (Safety) Act 2001, to provide mental health services; or

      2. a person who is designated under section 92
        1. 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—

                            1. the Family Court; or
                              1. the District Court

                                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—

                                        1. a controlled drug within the meaning of the Misuse of Drugs Act 1975; or
                                          1. a prescription medicine or restricted medicine within the meaning of the Medicines Act 1981

                                            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:

                                              1. a medical practitioner:
                                                1. 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:
                                                  1. 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:
                                                    1. 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):
                                                      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)

                                                        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,—

                                                                      1. 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:
                                                                        1. 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

                                                                          relative, in relation to any person, includes—

                                                                          1. the spouse, civil union partner, or de facto partner of that person; or
                                                                            1. a person who is connected by blood relationship to a person referred to in paragraph (a)

                                                                              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—

                                                                                  1. any alcohol; or
                                                                                    1. any drug; or
                                                                                      1. any psychoactive substance (within the meaning of section 9 of the Psychoactive Substances Act 2013); or
                                                                                        1. any volatile substance; or
                                                                                          1. any substance declared by regulations made under this Act to be a substance for the purposes of this Act

                                                                                            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).