Home | Browse Topics | Health & disability | Mental health | Review of patient’s condition by a judge

Health & disability

Reviews and appeals

Review of patient’s condition by a judge

Who can apply for a review?

Mental Health (Compulsory Assessment and Treatment) Act 1992, s 16

At any time during your first and second periods of assessment (see: “The compulsory assessment process”), an application can be made to have your condition reviewed by a judge.

You can apply for a review for yourself, or any of the following people can apply for a review on your behalf:

  • the applicant for assessment
  • your principal caregiver (if you have one)
  • your usual GP or nurse
  • your welfare guardian (if you have one)
  • a district inspector.

How will the judge carry out the review?

The judge will visit you at the place you are being assessed or at the hospital nearest to where you live. The judge will ask you about your mental health and whether you think you need treatment. The judge will also talk to your responsible clinician and to at least one other health professional involved with your care. The judge may also consult with other people if they think this will be helpful.

What happens after the review?

If the judge is satisfied that you are fit to be released from compulsory status, you are discharged and the assessment process ends. If the judge thinks you are not fit to be released, the assessment and treatment will continue.

Can I apply for more than one review?

Yes. However, a judge will only allow a second review if your condition has changed since the last review.

Did this answer your question?

Mental health

Where to go for more support

Community Law

Your local Community Law Centre can provide you with free initial legal advice.

Find your local Community Law Centre online: www.communitylaw.org.nz/our-law-centres

Te Hiringa Mahara/Mental Health and Wellbeing Commission

The objective of Te Hiringa Mahara is to contribute to better and equitable mental health and wellbeing outcomes for people in Aotearoa New Zealand.

Website: www.mhwc.govt.nz

Health and Disability Commissioner

The Health and Disability Commissioner (HDC) website sets out your rights under the Code of Health and Disability Services Consumers’ Rights and how you can make a complaint to the Commissioner.

Website: www.hdc.org.nz
Email: hdc@hdc.org.nz
Phone: 0800 11 22 33

To make a complaint online: www.hdc.org.nz/making-a-complaint/make-a-complaint-to-hdc

Mental Health Support

Publicly funded health and disability support services available in New Zealand:

Mental health district inspectors

District Inspectors are lawyers appointed by the Minister of Health to protect the rights of people receiving treatment under the Mental Health (Compulsory Assessment and Treatment) Act 1992, or the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003.

Website: www.health.govt.nz/our-work/mental-health-and-addiction/mental-health-legislation/mental-health-compulsory-assessment-and-treatment-act-1992/mental-health-district-inspectors

Also available as a book

The Community Law Manual

The Manual contains over 1000 pages of easy-to-read legal info and comprehensive answers to common legal questions. From ACC to family law, health & disability, jobs, benefits & flats, Tāonga Māori, immigration and refugee law and much more, the Manual covers just about every area of community and personal life.

Buy The Community Law Manual

Help the manual

We’re a small team that relies on the generosity of all our supporters. You can make a one-off donation or become a supporter by sponsoring the Manual for a community organisation near you. Every contribution helps us to continue updating and improving our legal information, year after year.

Donate Become a Supporter

Find the Answer to your Legal Question

back to top