The compulsory assessment process
Step 6: The second period of assessment and treatment
What are my rights during this second period of treatment?
Mental Health (Compulsory Assessment and Treatment) Act 1992, s 13
As the patient, your rights during the second period of assessment and treatment are the same as during the first (see: “Step 4: The first period of assessment and treatment”). For example:
- you do not have the right to refuse treatment, but you can apply to have your condition reviewed
- the patient rights set out in the Mental Health Act apply
- you have the right to have access to a lawyer and all other relevant rights in the New Zealand Bill of Rights Act
- you have the right to seek a judicial inquiry to look at whether you are being illegally detained
- you have a separate right to apply to a High Court judge for what’s called a “writ of habeas corpus” – this is a long-established type of legal action you can use if you believe the police or other officials are holding you illegally (see: “‘Judicial inquiry’: Going to the High Court”)
- you can be given leave if you are being treated in hospital
- you must be released from compulsory treatment if at any stage you are no longer considered to have a mental disorder.
What happens if I refuse treatment?
If you refuse to receive or attend treatment or leave hospital without permission, the responsible clinician can take steps to detain you (including asking the police for help).
