Mental Health

Question 1

What is the definition of “mental disorder”?

Answer 1

‘Mental disorder’, in relation to any person, means an abnormal state of mind (whether of continuous or intermittent nature) characterised by delusions, or
by disorders of mood, perception, volition or cognition of such 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. (section 2 of the Act)

Question 2

What is the purpose of the act

Answer 2

The purpose of the Mental Health (Compulsory Assessment and Treatment) Act 1992 is to ensure that people suffering from a mental disorder receive the
appropriate psychiatric treatment.

If necessary, the assessment and subsequent treatment will be compulsory.

Depending on the individual circumstances, such compulsory assessment and
treatment may be conducted either while the person is detained in an institution or, in some cases, while the person remains in the community.

The Act also protects the rights of people subjected to such treatment.

Question 3

Restricted

patients

Answer 3

These are patients who are subject to a compulsory treatment order but are considered to present a danger to the public.

Question 4

Special patients

Answer 4

These are patients who are detained by way of a court order if they are found to be criminally insane or unfit to plead. The category also includes people on remand for a psychiatric report.

Question 5

Duly Authorised

Officers (DAOs)

Answer 5

Duly Authorised Officers are qualified nurses who have specialised in the area of mental health and then received further training on an ongoing basis. Not
all psychiatric nurses become DAOs. Only those selected and further trained receive this designation.

Lists of Duly Authorised Officers and their contact numbers should be held at every police station.

Question 6

Duly Authorised

Officers (DAOs)

Answer 6

Duly Authorised Officers are qualified nurses who have specialised in the area of mental health and then received further training on an ongoing basis. Not
all psychiatric nurses become DAOs. Only those selected and further trained receive this designation.

Lists of Duly Authorised Officers and their contact numbers should be held at every police station.

Question 7

What to do for Non-urgent enquiries

Answer 7

When the police receive calls of a non-urgent nature regarding mentally disordered people, the caller should be referred to a doctor or a Duly Authorised Officer.

Question 8

Restricted patients and special patients

Absconded

Answer 8

Patients of these categories who have absconded or are absent without leave may be apprehended and returned to hospital at any time.

Question 9

Compulsory treatment patients

Answer 9

Such a patient who is absent without leave or fails to comply with an order may be apprehended and returned/taken to hospital if apprehended within
three months of going missing.

The patient is deemed to be released from their compulsory treatment order if absent for more than three months. A new application for assessment must be
completed.

Question 10

Section 109

Answer 10

Any members of police may apprehend
Any person wandering at large in a public place
AND
Behaving in a manner that gives rise to a reasonable belief that he / she may be mentally disordered
AND
The member believes it is the interest of the person or public to do so

Question 11

Section 41

Answer 11

Any member of police called upon in such circumstances may
Enter the premises by force if necessary
Detain the person in those premises until the assessment examination has been conducted
AND
take the person to some other place nominated by the DAO for the purposes of a medical examination or
an assessment examination, and detain at the location until the examination has been conducted.

Question 12

Section 41 (if immediate action is not necessary)

Answer 12

If it is reasonably practicable to obtain a warrant, the police must have a warrant obtained pursuant to section 113A (6) and (7) to enter the premises.

Question 13

Section 41 (Time LIMIT)

Answer 13

No person shall be detained for more than six hours for the purpose of a medical examination or an assessment examination.

Question 14

Section 110C

Answer 14

Police powers of entry when urgent assistance is needed:

Any member of police called upon in
such circumstances may:
enter the premises by force if necessary (If not in uniform produce ID)
AND
detain the person in those premises until the assessment examination has been conducted
OR
take the person to some other place nominated by the medical practitioner, for the purposes of a medical
examination or an assessment examination, and detain at the location until the examination has been conducted.

Question 15

SECTION 110a

Answer 15

The doctor issuing the certificate may administer a sedative to the proposed patient if they consider it necessary.

Question 16

Use of force

Answer 16

Section 122B of the Act states that if you are exercising the following powers in an emergency you may use such force as is reasonably necessary in the circumstances.
The powers are:

• a power to take or retake a person, proposed patient or patient
• a power to detain a person, proposed patient or patient in sections 41, 109 or 110
• a power to enter premises in sections 41 or 110.

Question 17

Matters to be taken into consideration when transporting include:

Answer 17

• the patient’s clinical condition
• the patient’s potential or actual violence
• the types of vehicle available
• the need for restraint and the type of restraint available
• the personnel available
• the distance to be travelled.

Question 18

When do police become involved

Answer 18

Police will become involved:
− if called on to assist a DAO
− if called on to assist a doctor where an urgent examination, the administering of a sedative drug or an urgent assessment is required
− where police find a person in a public place and believe they require assessment under the Act.

Question 19

Police power to
use force to
transport a
patient
(GI M908)

Answer 19

Do not use force to transport a patient without ensuring that an assessment notice has been served on and explained to them.

This does not apply if the official in charge is a doctor acting under the emergency provisions of sections 110, 110A or 110B.

Force can be used only in circumstances where it is likely the patient will be a danger to themselves or others, or will be likely to cause serious property damage.

Before using force, seek the wishes of the patient and their caregivers wherever practically possible. Careful consideration must be given to their views. Make every effort to reduce the risk of violence before the patient is
transported.

Question 20

What does the memorandum of understanding between New Zealand Police and the Ministry of Health say in relation to the transportation of mentally disordered people?

Answer 20

Under the memorandum of understanding between the police and the Ministry of Health, DAOs are responsible for arranging transportation of patients.

Where police are required to assist, the decision on the type of vehicle to be used should be made by the DAO or doctor in consultation with the attending police.