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Substance Addiction (Compulsory Assessment and Treatment) Act 2017

Assessment and treatment of persons suffering from severe substance addiction - Rights of patients - Limits on right to receive and send mail and electronic communications

61: Checking and withholding mail and electronic communications

You could also call this:

"Staff can check and control your mail and messages at a treatment centre to keep you and others safe."

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

If you are a patient in a treatment centre, the person in charge of your care can check your mail and electronic communications. This can happen if they think something in your mail or messages could hurt you or others in the centre. They can also take away your computer or device to check your messages. You can still get mail and messages from your lawyer without them being checked. If the person in charge of your care checks your mail or messages and thinks they could hurt you or others, they can stop you from getting or sending some or all of your mail and messages. They can also say you can only get or send messages if someone is supervising you. If they take away your computer or device, you will get it back when you leave the treatment centre. This rule is also affected by sections 62 and 63.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6609209.

Topics:
Health and wellbeing > Mental healthCrime and justice > Police and safety
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60: Right to receive and send mail and electronic communications, or

"You have the right to send and receive letters and messages privately"

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62: Approval required to check and withhold mail and electronic communications, or

"Someone needs permission to read or stop your letters and emails."

Part 2Assessment and treatment of persons suffering from severe substance addiction
Rights of patients: Limits on right to receive and send mail and electronic communications

61Checking and withholding mail and electronic communications

  1. If there are reasonable grounds to consider that any mail or electronic communications could be detrimental to the interests and treatment of a patient or of other persons in the treatment centre, the responsible clinician may direct that the mail or electronic communications be checked.

  2. For the purpose of checking electronic communications, the responsible clinician may also direct that any computer or device in the patient’s possession be taken from the patient.

  3. Subsection (1) does not apply to mail or electronic communications with the patient’s lawyer.

  4. If mail or electronic communications are checked under subsection (1) and the responsible clinician considers that mail or electronic communications could be detrimental to the interests and treatment of the patient or of other persons in the treatment centre, the responsible clinician may direct that—

  5. the patient not receive or send mail or electronic communications:
    1. the patient not receive or send mail or electronic communications of a particular class:
      1. the patient receive or send mail or electronic communications subject to conditions or under supervision.

        1. For the purposes of a direction under subsection (4) that relates to electronic communications, the responsible clinician may direct that any computer or device in the patient’s possession be taken from the patient or that the patient’s access to the computer or device be restricted.

        2. A computer or device taken from a patient under subsection (5) must be returned to the patient when he or she is released from compulsory status.

        3. This section is subject to sections 62 and 63.

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