Mental Health (Compulsory Assessment and Treatment) Act 1992, ss 57–59, 69, 110A

When a person experiences mental illness, they usually get to make their own decisions about their treatment.

The Mental Health (Compulsory Assessment and Treatment) Act 1992 – “the Mental Health Act” for short – covers situations where a person is experiencing serious mental health challenges and needs medical treatment.

If you become a patient under the Mental Health Act:

• your assessment and treatment process will be decided by a medical team (see: “The compulsory assessment process”).
• you will have a person assigned to you who will be in charge of your treatment (but you do have the right to request independent psychiatric advice to get a second opinion).
• it might be decided that your treatment will take place in hospital.

Mental Health (Compulsory Assessment and Treatment) Act 1992, s 59(4)

Note: The responsible clinician should, if possible, try to get the patient’s consent to any treatment, even when the patient is being treated under the Mental Health Act without their consent (see: “Responsible clinician” for the definition).

The Mental Health Act:

• defines when a patient is required to have compulsory assessment and treatment
• emphasises community-based care, with patients being sent to hospital only when necessary, in as free an environment as possible
• emphasises how important it is to respect patients’ cultural values and beliefs during their assessment and treatment
• emphasises consultation with patients’ family or whānau
• sets out patients’ rights when they are being assessed or treated.