The Mental Health Act
Last Updated - 2 June 2021
The Mental Health Act is a brochure that has been developed collaboratively by Kāhui Tū Kaha and Auckland District Health Board.
Download the full The Mental Health Act brochure
The Mental Health Act
People who come under the Mental Health Act
Must have a mental illness
Must present a serious danger to themselves or others and/or at serious self neglect due to their mental illness
The Mental Health Act (MHA) guarantees rights to people who are under the MHA.
Initial Assessment Period
At the beginning of the process there is an application to be assessed for treatment under the MHA. This means that there will be an appointment for a first assessment by a psychiatrist.
The Act requires that this person receive information about their appointment including the date, time, place and the psychiatrist who will be doing the assessment.
Further Compulsory Assessment and Treatment
If the psychiatrist thinks someone still needs the MHA to continue, the person will be told they are being compulsorily assessed under the MHA. The Law requires a formal assessment at 5 days and 14 days.
The appropriate MHA certificate will be sent to the person, a whānau member and district inspector.
Direct Inspector
District Inspectors are lawyers appointed by the Ministry of Health to support a person’s rights under the MHA. They are free and independent from the hospital. Staff can give District Inspector contact details.
Can treatment be refused?
While a person is under the MHA they will have to accept the recommended treatment and medication even if they have different views.
What can the person do if they do not want to be compulsorily assessed?
At any stage a person can legally appeal to the court (under section 16 of the MHA) to be released by the Judge.
A person under the MHA can talk to a lawyer who can support their rights and meet with them ahead of the hearing. If the person wants a review they can talk to staff or a district inspector.
Compulsory Treatment Order (CTO)
If the psychiatrist thinks that someone still needs MHA to continue, they may apply for a review to make a CTO. This means a hearing in front of a judge who will decide whether to make a CTO. If this is granted the order lasts for up to another six months.
The law requires a formal assessment by 3 months, plus another hearing in front of a judge if not released by end of 6 months. If the psychiatrist believes the person is no longer a serious danger to themselves or others or at serious self neglect, they should be released from the MHA.
After an initial assessment period, a hearing will be held in front of a judge who will decide if an Inpatient Order (section 30) or Community Treatment Order (section 29) is needed.
What can a person do if they don’t agree with a CTO?
A person may arrange another psychiatrist for an independent opinion.
After they have been on a CTO for over 3 months they can apply to the Mental Health Review Tribunal to have this reviewed by an independent panel. A lawyer or district inspector can help with this.
It is important that the person and their team work together in their recovery. These steps will help a person come off the CTO.
By accepting recommended medication and treatment.
By talking with their whānau about what they might need to do to increase safety for themselves and others. The care team can help with this.
By developing an advance care plan with their care team. The care plan lets people know what they need when they are unwell.
By connecting with their culture which helps many people in their recovery.
Support
It is important to draw on supports during this time. Support can include, friends, family/whānau, cultural support, spiritual support, peer support, legal advocacy and other advocacy services.
Where to go for more information
If you need more information, we recommend visiting the following organisations websites, or giving them a call.
Health and Disability Advocates
Offer support and advocacy particularity if you feel your rights have been breached.
PH: 0800 11 22 33
For other information including information on Advanced Directives visit the website of the Health and Disability Commission
Yellow Brick Road (formerly Supporting Families)
offer information, support and advocacy for your family/whānau
PH: 0800 732 825
Changing Minds
Supports individuals to get access to information about mental health services, community activities, networking and support opportunities.
www.changingminds.org.nz PH: 09 623 1762