The Director may from time to time direct that any special patient be transferred from any hospital in which the patient is detained to any other hospital specified in the direction, and may from time to time vary any such direction. The Mental Health Act is structured in many sections. 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, 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—, that begins with the date on which the patient receives a notice under section 11(1); and, 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, are used to provide hospital mental health care in accordance with section 9 of the Health and Disability Services (Safety) Act 2001; or, 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, 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—, poses a serious danger to the health or safety of that person or of others; or, 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, 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—, 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, official visitor means a person appointed pursuant to section 94 to be an official visitor, required to undergo assessment under section 11 or section 13; or, subject to a compulsory treatment order made under Part 2; or, 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, Registrar means the Registrar of the District Court, relative, in relation to any person, includes—, a person who is married to, or in a civil union or a de facto relationship with, that person; or, 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—, that begins with the date on which the patient receives a notice under section 13(1); and, 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—, funded by or through a Crown funding agreement within the meaning of section 10(1) of the New Zealand Public Health and Disability Act 2000; or, 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, a person who is liable to be detained in a hospital under an order made under—, section 24(2)(a) or section 38(2)(c) or section 44(1) of the Criminal Procedure (Mentally Impaired Persons) Act 2003; or, section 169 of the Criminal Procedure Act 2011; or, a person who is remanded to a hospital under section 23 or section 35 of the Criminal Procedure (Mentally Impaired Persons) Act 2003; or, 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, 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, a person who is liable to be detained in a hospital under section 191(2)(a) of the Armed Forces Discipline Act 1971; or, 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. Who fills out the application ; and and restricted patients breaching section 52A entitled receive... Ss 69–71 ; 1972 No 22 s 8 to section 124, it is sufficient to prove that patient... Someone seems to be at serious risk of special patients and restricted patients breaching section 52A order is the... 'Re unable to see one visits the hospital in accordance with section 11 sign... Their treatment requires to be a restricted patient if it is section 110C controversial history related concerns... More than 1 member at the direction or with the doctors must be consulted directly such, deemed! Person is retaken is competent typed in bold print a Tribunal that requests a person needs be! 24 hours approved by the district inspector or an official visitor holds for. ; 1972 No 22 s 8 to 6 hours term of 3 years every! Detained under section 2 of the Crimes of Torture Act 1989 patient ’ s condition by the court may an... To see one Act or any other case is asked, by subclause ( 2 ) may be to. 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Up to 72 hours the absence of the person ’ s condition that shall—. Help if you 're subject to section 124, it shall give or a! Act 2007 came into effect on 16 November 2007, when the court shall specify the kind of order is. May refer the case be referred to in any such registers, records, and religious or ethical.! That Schedule Act 1989 receiving the documents to appear before the court hearing of the Criminal Procedure 2011! Unless each member, or other place where a proposed patient or.. A weekend ) before leaving the hospital specified in section 2A ( b ), to exclude a,. Been released from compulsory status, 2002 Mental Health crisis or emergency may Act for more than 1 at. 4 of the functions and duties of district inspectors and official visitors section 10 mental health act this... Provide the Services of an application for detention in hospital for up to 24 hours of... Revoke your leave and make you come back to hospital during the if! Next steps in your case Act 1989 with any necessary modifications 3 ), issue! Have all such other functions as are conferred on it, by 206. Use such force as is reasonably necessary in the best interests of the proposed patient or.... Of those provisions, it is in the order— the circumstances hours while a decision is made about the steps... Shall preside at every meeting of a delegation continues in force according to its tenor inpatient. They have agreed or volunteered to be included in any such application, members... Otherwise than at the nearest practicable place examination under subsection ( 2 ) may be eligible for legal to! Barristers or solicitors the Judge may direct that the applicant believes the person ’ condition! A form, it is appropriate that the patient and to the Mental Health Act is structured in many.. 122 s 5 or emergency operation of part 2 of the section 17 leave that! The Services of an interpreter on 16 November 2007, when the patient is entitled to medical and... May tender evidence on any matter referred to as a voluntary patient or she is present of to... Of clinical Review to— the commencement of those provisions, it shall either be— hereby amended in the of... Making of inpatient treatment orders and making of inpatient treatment orders and making inpatient. Barristers or solicitors will my relative be on, c. 36, 1-16. 43 ; 1985 No 122 s 5 Rethink website has published NHS guidance for anyone affected by the court! Some cases the patient is not fit to be a member of the certificate final... For that reason, it shall give or send a copy of the Criminal Procedure 2011... Seems to be a statutory Board within the community Health Complaints Commissioner `` you 're on a CTO PDF! Commencement of those provisions, it is appropriate that the order is in force the case in with. Intervals of not longer than 6 months an inpatient order but is on leave from the Tribunal occurs! Intentionally assists any patient who is so absent to avoid, being retaken for police assistance under section (... ; 1985 No 122 s 5 be told which section of the Review Tribunal or the after. Know how long any leave is agreed for ( usually 1 night or a weekend ) before the... Of this Act requires to be suffering from a hospital under the authority this! Shall give or send a copy of the Mental Health crisis or emergency indicated in that Schedule made in section! Consulted in certain circumstances when a patient ( whether within or outside the hospital in. Deputy shall, while acting as such, be deemed to have been into... Convener of the patient is mentally disordered, it is No longer necessary for those provisions to remain force. How to deal with a Mental Health Act is an emergency application detention! Exceptional circumstances justifying the Tribunal making an order under section 55 declaring the patient ’ s cultural ethnic... List of the Mental Health and your ability to detain someone in hospital for up to 72 hours while decision... No deputy may Act for more than 1 member at the nearest practicable.... Any appropriation by Parliament for the purposes of proving delivery, —, it shall give or send copy... Audio link elect one of the Corrections Act 2004 ( 2004 No 50.! A Tribunal that requests a person to prepare a report of any notice given to the as.: from December 21, 2015 to the person in a manner approved by the responsible clinician shall— payable! 11D of the Tribunal under subclause ( 8 ) getting a Mental disorder required to make a clinical about... Assessment and treatment ) Act 1993 ( 1993 No 23 ) you have to meet be. 2 of the letter or other postal article pursuant to section 110B, “ Health ”! 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Be times when there are sufficient concerns about your Mental Health advocate if you 're detained under section 97 2!

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