Substance Addiction (Compulsory Assessment and Treatment) Act 2017

Preliminary provisions - Criteria for compulsory treatment

9: Capacity to make informed decisions

You could also call this:

"Being able to understand and make choices about your treatment when you have a severe substance addiction"

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

When it comes to making decisions about treatment for a severe substance addiction, you need to be able to understand the information. You must be able to retain the information, which means you can remember it. You also need to be able to use the information to make a decision, which is like weighing up the pros and cons.

If you cannot understand the information, or retain it, or use it to make a decision, or tell others about your decision, then your ability to make informed decisions is severely impaired, as stated in section 7(b). This is important because it affects how you can make choices about your treatment. You have to be able to communicate your decisions to others.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6609143.


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8: Meaning of severe substance addiction, or

"What it means to have a severe substance addiction that affects your life and health"


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10: Compulsory treatment to be option of last resort, or

"Help is forced only when other options won't work"

Part 1Preliminary provisions
Criteria for compulsory treatment

9Capacity to make informed decisions

  1. For the purposes of section 7(b), a person's capacity to make informed decisions about treatment for a severe substance addiction is severely impaired if the person is unable to—

  2. understand the information relevant to the decisions; or
    1. retain that information; or
      1. use or weigh that information as part of the process of making the decisions; or
        1. communicate the decisions.