New Zealand Acts

MENTAL HEALTH (COMPULSORY ASSESSMENT AND TREATMENT) ACT 1992 - SECT 2

2 Interpretation

1 In this Act, unless the context otherwise requires,—  
"biometric information" has the same meaning as in section 2(1) of the Customs and Excise Act 1996     
"clinician" means a person who holds a professional qualification relevant to the assessment, treatment, and care of patients with mental disorder    
"court" means—  

a) the District Court; or

b) as the case may be, the Court Martial of New Zealand established under section 8 of the Court Martial Act 2007 when acting under Part 10 of the Armed Forces Discipline Act 1971

"Deputy Director" means the person who for the time being holds the office of Deputy Director of Mental Health pursuant to section 91   
"Director" means the person who for the time being holds the office of Director of Mental Health pursuant to section 91     
"Director of Area Mental Health Services" means a person appointed as a Director of the Area Mental Health Services pursuant to section 92     
"district inspector" means a person appointed pursuant to section 94 to be a district inspector; and includes a person appointed pursuant to that section to be a deputy district inspector    
"duly authorised officer" means a person who, under section 93 , is authorised by the Director of Area Mental Health Services to perform the functions and exercise the powers conferred on duly authorised officers by or under this Act    
"first period" means the first period of assessment and treatment, which is a period—  

a) that begins with the date on which the patient receives a notice under section 11(1) ; and

b) that ends when 5 clear days have passed after that date

"fit to be released from compulsory status" , in relation to a patient, means no longer mentally disordered and fit to be released from the requirement of assessment or treatment under this Act  
"health practitioner" has the same meaning as in section 5 of the Health Practitioners Competence Assurance Act 2003     
"hospital" —  

a) means premises that—

i) are used to provide hospital mental health care in accordance with section 9 of the Health and Disability Services (Safety) Act 2001 ; or

ii) are not yet used, but are intended to be used, to provide hospital mental health care, and are occupied by a person certified under that Act to provide hospital mental health care;—

but where only parts of any premises are used (or intended to be used) to provide hospital mental health care, means only those parts; and

b) at a time before 1 October 2004, includes premises licensed or deemed to be licensed as a psychiatric hospital pursuant to Part 5 of the Hospitals Act 1957

"hospital mental health care" means hospital care (within the meaning of the Health and Disability Services (Safety) Act 2001 ) that is, or consists principally of, mental health services  
"medical officer" means a medical practitioner, other than the person in charge of a hospital, employed in a service    
"medical practitioner" means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine    
"mental disorder" , in relation to any person, means an abnormal state of mind (whether of a continuous or an intermittent nature), characterised by delusions, or by disorders of mood or perception or volition or cognition, of such a degree that it—  

a) poses a serious danger to the health or safety of that person or of others; or

b) seriously diminishes the capacity of that person to take care of himself or herself;—

and
"mentally disordered" , in relation to any such person, has a corresponding meaning  
"mental health practitioner" means—  

a) a medical practitioner; or

b) a nurse practitioner; or

c) a registered nurse practising in mental health

"Minister" means the Minister of Health  
"nurse" means a health practitioner who is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing whose scope of practice permits the performance of nursing functions    
"nurse practitioner" means a health practitioner who—  

a) is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing and whose scope of practice permits the performance of nurse practitioner functions; and

b) holds a current practising certificate

"official visitor" means a person appointed pursuant to section 94 to be an official visitor  
"patient" means a person who is—  

a) required to undergo assessment under section 11 or section 13 ; or

b) subject to a compulsory treatment order made under Part 2 ; or

c) a special patient

"person in charge" , in relation to a hospital or service, means the chief executive of the hospital or service  
"principal caregiver" , in relation to any patient, means the friend of the patient or the member of the patient's family group or whanau who is most evidently and directly concerned with the oversight of the patient's care and welfare    
"primary health care provider" means a health practitioner who manages and provides primary and ongoing health care to a patient    
"prison" has the same meaning as in section 3(1) of the Corrections Act 2004 ; and in section 45 of this Act includes a hospital or a Police station while it is deemed by section 36 of the Corrections Act 2004 to be a prison    
"proposed patient" has the meaning given to that term by section 2A     
"psychiatric security institution" means a hospital, or part of a hospital, declared under section 100 to be a psychiatric security institution    
"psychiatrist" means a medical practitioner whose scope of practice includes psychiatry    
"psychologist" means a health practitioner who is, or is deemed to be, registered with the Psychologists Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of psychology    
"registered nurse practising in mental health" means a health practitioner who—  

a) is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing and whose scope of practice includes the assessment of the presence of mental disorder as defined under this Act; and

b) holds a current practising certificate

"Registrar" means the Registrar of the District Court  
"relative" , in relation to any person, includes—  

a) a person who is married to, or in a civil union or a de facto relationship with, that person; or

b) a person who is married to, or in a civil union or a de facto relationship with, a person who is connected by blood relationship to that person

"responsible clinician" , in relation to a patient, means the clinician in charge of the treatment of that patient  
"restricted patient" means a patient who is declared to be a restricted patient by the court under section 55     
"second period" means the second period of assessment and treatment, which is a period—  

a) that begins with the date on which the patient receives a notice under section 13(1) ; and

b) that ends when 14 clear days have passed after that date

"service" means a service for the treatment and rehabilitation of persons with mental disorders, being a service—

a) funded by the Crown under the New Zealand Health Plan within the meaning of section 4 of the Pae Ora (Healthy Futures) Act 2022 ; or

b) a service provided by, or managed by, an institution that was, immediately before the commencement of this Act, a licensed institution under section 9 of the Mental Health Act 1969

"special patient" means—

a) a person who is liable to be detained in a hospital under an order made under—

i) section 24(2)(a) or section 38(2)(c) or section 44(1) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 ; or

ii) section 169 of the Criminal Procedure Act 2011 ; or

b) a person who is remanded to a hospital under section 23 or section 35 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 ; or

c) a person who is liable to be detained in a hospital under section 34(1)(a)(i) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 , and who has not ceased, under section 48 of this Act , to be a special patient; or

d) a person who is liable to be detained in a hospital, either following an application under section 45(2) or arrangements made under section 46 , and who has not ceased, under section 48 , to be a special patient; or

da) a person who is liable to be detained in a hospital under section 191(2)(a) of the Armed Forces Discipline Act 1971 ; or

e) a person who, in accordance with section 136(5)(a) of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 , must be held as a special patient

"victim" means (unless otherwise provided),—

a) in relation to a special patient, a person who has, under section 32B of the Victims’ Rights Act 2002 ,—

i) asked for notice, or for advice and copies; and

ii) given their address:

b) an individual appointed under section 40 of that Act

"welfare guardian" has the same meaning as it has in section 2 of the Protection of Personal and Property Rights Act 1988 .

2

Note: 1969 No 16 s 2 ; 1972 No 22 s 2 ; 1982 No 84 s 2(1) ; 1985 No 22 s 2

History: Section 2(1) biometric information: inserted, on 22 August 2017, by section 43 of the Enhancing Identity Verification and Border Processes Legislation Act 2017 (2017 No 42).   Section 2(1) Board: repealed, on 1 July 1993, by section 32 of the Health Sector (Transfers) Act 1993 (1993 No 23).     Section 2(1) court: replaced, on 1 July 2009, by section 87 of the Court Martial Act 2007 (2007 No 101).     Section 2(1) court paragraph (a): replaced, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).     Section 2(1) Director of Area Mental Health Services: replaced, on 1 July 1993, by section 32 of the Health Sector (Transfers) Act 1993 (1993 No 23).     Section 2(1) duly authorised officer: replaced, on 1 July 1993, by section 32 of the Health Sector (Transfers) Act 1993 (1993 No 23).     Section 2(1) first period: inserted, on 1 April 2000, by section 2(1) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).     Section 2(1) health practitioner: inserted, on 31 January 2018, by section 4(1) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 (2016 No 79).     Section 2(1) hospital: replaced, on 1 October 2002, by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).     Section 2(1) hospital mental health care: inserted, on 1 October 2002, by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).     Section 2(1) medical officer: replaced, on 1 July 1993, by section 32 of the Health Sector (Transfers) Act 1993 (1993 No 23).     Section 2(1) medical practitioner: replaced, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).     Section 2(1) mental health practitioner: inserted, on 30 October 2021, by section 13 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2021 (2021 No 41).     Section 2(1) nurse: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).     Section 2(1) nurse: amended, on 31 January 2018, by section 4(2) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 (2016 No 79).     Section 2(1) nurse practitioner: inserted, on 31 January 2018, by section 4(1) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 (2016 No 79).     Section 2(1) penal institution: repealed, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).     Section 2(1) person in charge: inserted, on 1 April 2000, by section 2(2) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).     Section 2(1) primary health care provider: inserted, on 31 January 2018, by section 4(1) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 (2016 No 79).     Section 2(1) prison: inserted, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).     Section 2(1) proposed patient: inserted, on 1 April 2000, by section 2(3) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).     Section 2(1) psychiatrist: replaced, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).     Section 2(1) psychologist: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).     Section 2(1) registered nurse practising in mental health: inserted, on 30 October 2021, by section 13 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2021 (2021 No 41).     Section 2(1) Registrar: amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).     Section 2(1) relative: inserted, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).     Section 2(1) second period: inserted, on 1 April 2000, by section 2(4) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).     Section 2(1) service: replaced, on 1 July 1993, by section 32 of the Health Sector (Transfers) Act 1993 (1993 No 23).     Section 2(1) service paragraph (a): replaced, on 1 July 2022, by section 104 of the Pae Ora (Healthy Futures) Act 2022 (2022 No 30).     Section 2(1) special patient: replaced, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).     Section 2(1) special patient paragraph (a)(ii): replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).     Section 2(1) special patient paragraph (da): inserted, on 1 July 2009, by section 81 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).     Section 2(1) victim: inserted, on 13 December 2022, by section 11 of the Rights for Victims of Insane Offenders Act 2021 (2021 No 55).     Section 2(2): repealed, on 1 April 2000, by section 2(6) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).