12Principles applying to exercise of powers over patients

1. Every person and every court that exercises, or proposes to exercise, a power conferred by or under this Act in respect of a patient must be guided by the following principles:

2. where compulsion is necessary, the level of coercion used on patients should always be the least restrictive possible to enable effective treatment; and
3. the views of the patient and the views of the patient’s principal caregiver, welfare guardian (if the court has appointed one), and nominated person (if the patient has nominated one) should be ascertained and taken into account before the power is exercised, unless it is not reasonably practicable or in the best interests of the patient to do so; and
4. interferences with the rights of patients should be kept to a minimum; and
5. the interests of patients should remain at the centre of any decision making; and
6. the power should be exercised with—
   1. proper recognition of the importance and significance to the patient of the patient's ties with his or her family, whānau, hapū, iwi, and family group; and
   2. proper recognition of the contribution those ties make to the patient's well-being; and
   3. proper respect for the patient's cultural and ethnic identity, language, and religious or ethical beliefs.