Mental health
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 Habeas Corpus Act 2001, s 6
Your rights as a patient 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 can’t refuse treatment, but you have the right to apply to have your condition reviewed
- your rights as a patient which are 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 options for reviewing or appealing the decisions that have been made (see: “Reviews and Appeals”)
- you are allowed to leave the hospital for a specific amount of time (“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).
