Substance Addiction (Compulsory Assessment and Treatment) Act 2017

Assessment and treatment of persons suffering from severe substance addiction - Rights of patients - Rights applicable to all patients

49: Right to nominate person to protect patient's interests

You could also call this:

"You can choose a helper to look out for you when you're getting treatment"

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

You can choose someone to help protect your rights when you are a patient. This person must be at least 18 years old. You can pick anyone you like to do this job for you.

You can change your mind about who you want to help you at any time. You can also decide you do not want anyone to help you. To do this, you need to tell someone in charge, like the Area Director, your doctor, or the manager of the treatment centre where you are.

When you tell someone you want to choose a helper, you can do it in writing or by talking to them. If you tell them by talking, they must write it down straight away. Then they must give the written note to the important people, like the Area Director, your doctor, and the treatment centre manager.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6609196.


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48: Steps to be taken after extension of order, or

"What happens next if a court extends a compulsory treatment order for substance addiction"


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50: Patient to be informed of his or her rights, or

"You have the right to know your patient rights and how to use them."

Part 2Assessment and treatment of persons suffering from severe substance addiction
Rights of patients: Rights applicable to all patients

49Right to nominate person to protect patient's interests

  1. A patient may at any time nominate any person who is 18 years of age or older to protect his or her interests under this Act.

  2. The patient may revoke or vary the nomination at any time.

  3. The patient must make the nomination, variation, or revocation by notifying, in writing or orally, 1 of the following:

  4. the Area Director or any delegate of the Area Director:
    1. the patient’s responsible clinician:
      1. the manager of the treatment centre in which the patient is detained or any person employed in that centre.
        1. A person who is, under subsection (3), notified orally must promptly record the notification in writing.

        2. If, under this section, a person described in subsection (3) is notified in writing or makes a written record of an oral notification, the person must ensure that the written notification or the written record is promptly given to the Area Director, the patient’s responsible clinician, and the manager of the treatment centre in which the patient is detained.