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Substance Addiction (Compulsory Assessment and Treatment) Act 2017

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

107: Judge or Registrar may issue warrant

You could also call this:

"A Judge can order police to take you to a place for assessment or treatment if you don't go when told."

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

If you do not go to a place for a specialist assessment when you are told to, a Judge or Registrar might issue a warrant. This can happen if you were supposed to go for an assessment because of a notice given under section 19(2)(c), or if you are a patient described in section 106(1). The Judge or Registrar can issue a warrant if they think you are refusing to go to the place you are required to attend, or if you are absent from a treatment centre without permission.

A Judge or Registrar can issue a warrant to take you to a specific place if an Area Director applies for it. The warrant allows a constable to take you to that place. The Judge or Registrar must be satisfied that you are not attending when you should be, or that you are absent from a treatment centre without leave.

If a constable applies, a Judge or Registrar can issue a warrant to allow a constable to enter premises for certain purposes, such as those described in section 105(2) or section 106(2). The Judge or Registrar must think that issuing a warrant is necessary.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6609267.

Topics:
Health and wellbeing > Mental healthCrime and justice > Police and safety
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106: Apprehension of patients not permitted to be absent from treatment centre, or

"What happens if you leave your treatment centre without permission and someone comes to take you back"

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108: Certain sections of Crimes Act 1961 apply to powers to take and retake, or

"Some arrest rules from the Crimes Act 1961 also apply when you're taken or retaken under the Substance Addiction Act."

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

107Judge or Registrar may issue warrant

  1. Subsection (2) applies to—

  2. a person who fails to attend at a place for a specialist assessment in accordance with a notice given under section 19(2)(c):
    1. a patient described in section 106(1).

      1. On an application by an Area Director, a District Court Judge or (if no Judge is available) a Registrar may issue a warrant authorising any constable to take a person described in subsection (1) to a place specified in the warrant, if the Judge or Registrar is satisfied that—

      2. the person is refusing to attend at the place at which he or she is required to attend; or
        1. the person is absent from the treatment centre without leave.

          1. On an application by a constable, a District Court Judge or (if no Judge is available) a Registrar may issue a warrant authorising any constable to enter premises for the purposes of section 105(2) or 106(2), if the Judge or Registrar is satisfied that the issue of a warrant is necessary.