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Substance Addiction (Compulsory Assessment and Treatment) Act 2017

Assessment and treatment of persons suffering from severe substance addiction - Procedure

75: Judge to interview patient before application for review heard

You could also call this:

"A Judge talks to you before deciding about your treatment to hear your thoughts and views."

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

If you are a patient and someone has made an application to the court about your treatment under section 29(c) or 34(1), a Judge will interview you. The Judge must do this as soon as possible and no later than 7 days after the application is filed. You can be interviewed at the treatment centre where you are, or at a nearby place if that is not possible.

The Judge can interview you in person or by video link. During the interview, the Judge will introduce themselves, explain why they are talking to you, and discuss your situation and treatment with you. The Judge wants to hear your views on these things.

The Judge will also talk to your doctor and other people about your condition. If the Judge thinks you do not need to be in compulsory treatment, they will order your release and make a decision about the application. If you are not released, the same Judge will usually hear the application about your treatment.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6609227.

Topics:
Health and wellbeing > Mental healthCrime and justice > Courts and legal help
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74: Responsibility of district inspector on application, or

"What the district inspector does when someone applies to the court about your substance addiction"

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76: Attendance of patient at hearing, or

"Going to a court hearing about your treatment: when you have to be there and when you don't"

Part 2Assessment and treatment of persons suffering from severe substance addiction
Procedure

75Judge to interview patient before application for review heard

  1. Before an application under section 29(c) or 34(1) is heard, a Judge must interview the patient as soon as practicable and not later than 7 days after the application is filed in the court.

  2. The patient may be interviewed at—

  3. the treatment centre where the patient is; or
    1. if that is not practicable, the nearest practicable place.

      1. The interview may be conducted by means of a video link.

      2. The Judge must do the following things before and during the interview, as appropriate and practicable:

      3. identify himself or herself to the patient; and
        1. explain to the patient the purpose of the interview; and
          1. discuss with the patient the patient's situation, the proposed course of treatment, and the patient's views on these matters.

            1. As well as interviewing the patient, the Judge must consult with the responsible clinician, and any other persons the Judge thinks fit, concerning the patient's condition.

            2. If the Judge is satisfied that the criteria for compulsory status are not met, the Judge must—

            3. order that the patient be immediately released from that compulsory status; and
              1. grant or dismiss the application accordingly.

                1. If the patient is not immediately released under subsection (6), the Judge who interviews the patient must, wherever possible, hear the application.