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Substance Addiction (Compulsory Assessment and Treatment) Act 2017

Assessment and treatment of persons suffering from severe substance addiction - Imposition and review of compulsory status

32: Court may make compulsory treatment order

You could also call this:

"The court can order you to keep getting treatment if it thinks you need it."

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

If you are in court for a review under section 29(c), the court will decide if you meet the criteria for compulsory treatment. The Judge will look at all the circumstances of your case and may make a compulsory treatment order if they think the criteria are met. This means you will have to keep getting treatment.

The compulsory treatment order will last for 56 days from when your compulsory treatment certificate was signed. The order can be extended for another 56 days under section 47. If the Judge is not satisfied that you meet the criteria for compulsory treatment, they will dismiss the application and you will be released from compulsory status immediately.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6609175.

Topics:
Crime and justice > Courts and legal helpHealth and wellbeing > Mental health
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31: Patient must be released if review not determined within prescribed period, or

"You must be freed from a treatment programme if the court doesn't decide within the allowed time."

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33: Restriction on making compulsory treatment order in respect of child or young person, or

"Rules for helping children and young people with severe substance addiction get the right treatment."

Part 2Assessment and treatment of persons suffering from severe substance addiction
Imposition and review of compulsory status

32Court may make compulsory treatment order

  1. On an application for review under section 29(c), the court must determine whether, in relation to the patient, the criteria for compulsory treatment are met.

  2. If the Judge is satisfied that the criteria for compulsory treatment are met, the Judge may, having regard to all the circumstances of the case, continue the compulsory status of the patient by making a compulsory treatment order.

  3. The compulsory treatment order expires on the close of the 56th day after the date on which the patient’s compulsory treatment certificate was signed, and may be extended, under section 47, for a further 56 days.

  4. If the Judge is not satisfied that the criteria for compulsory treatment are met, the Judge must dismiss the application and order that the patient be immediately released from compulsory status.