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Substance Addiction (Compulsory Assessment and Treatment) Act 2017

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

109: Use of force

You could also call this:

"Using force to help someone with a severe substance addiction in an emergency"

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

If you are helping someone who has a severe substance addiction, you might need to use force in an emergency. You can use force if you are taking or retaking the person, detaining them, or entering premises, as allowed under sections like sections 21(a), 30(4), 40, 105(3) and (4), and 106(2). You must only use as much force as is reasonably necessary in the circumstances.

When a patient has to accept treatment, as stated in section 36(1), the person treating them can use force if needed. If a patient has to follow a direction, as stated in section 36(2), the person who gave the direction can use force.

If you use force and you are not a police officer, you must record what happened as soon as possible. You must also give a copy of the record to the Area Director as soon as possible.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6609269.

Topics:
Health and wellbeing > Mental healthHealth and wellbeing > Public healthCrime and justice > Criminal law
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"Some arrest rules from the Crimes Act 1961 also apply when you're taken or retaken under the Substance Addiction Act."

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

109Use of force

  1. A person exercising a power specified in subsection (2) may, if he or she is exercising the power in an emergency, use such force as is reasonably necessary in the circumstances.

  2. The powers are—

  3. a power to take or retake a person under any of sections 21(a), 30(4), 40, 105(3) and (4), and 106(2):
    1. a power to detain a person under section 105(3) or (4):
      1. a power to enter premises under section 105(2).

        1. The following persons may use such force as is reasonably necessary in the circumstances:

        2. where a patient is obliged to accept treatment in accordance with section 36(1), the person treating the patient:
          1. where a patient is obliged to comply with a direction in accordance with section 36(2), a person who has given a lawful direction to a patient.

            1. If a person (not being a constable) uses force under this section,—

            2. the circumstances in which the force was used must be recorded as soon as practicable; and
              1. a copy of the record must be given to the Area Director as soon as practicable.

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