Substance Addiction (Compulsory Assessment and Treatment) Act 2017

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

77: Representation of persons entitled to be heard, and special rights of patient

You could also call this:

"Your rights to speak and be heard at a court hearing about your treatment"

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

When you are at a court hearing about your treatment, you can have a lawyer to represent you. You can also call people to talk on your behalf and ask them questions. If you are at the hearing and the court thinks you can speak for yourself, they must give you a chance to talk. While you are talking to the court, they might ask some people to leave the room, such as your parents, guardian, or the person who asked for you to be assessed under section 14. The court can ask other people to leave too, like the person in charge of your treatment centre or a lawyer representing one of these people.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6609229.


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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"


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

77Representation of persons entitled to be heard, and special rights of patient

  1. Every person who is entitled to appear and be heard at a hearing of an application may be represented by a lawyer, and may call witnesses, and may cross-examine every witness called by another party.

  2. If the patient is present and appears capable of addressing the court, the court must give the patient an opportunity to do so.

  3. While the patient is addressing the court under subsection (2), the court may, if it thinks it desirable to do so, require any of the following persons to withdraw from the court:

  4. a parent of the patient:
    1. a guardian of the patient:
      1. the patient’s principal caregiver:
        1. the patient’s welfare guardian:
          1. the patient’s nominated person:
            1. the person who applied, under section 14, to have the patient assessed:
              1. a person with whom the patient was living before the patient became subject to compulsory status:
                1. the manager, or an employee or agent, of a treatment centre in which the patient is, or has been, detained:
                  1. a lawyer representing a person referred to in any of paragraphs (a) to (h).
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