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Guidelines to the Mental Health (Compulsory Assessment and Treatment) (PDF, 498 KB)

This publication is not available in hard copy
Date of publication: April 2000

Guidelines to the Mental Health (Compulsory Assessment and Treatment) Act 1992


Amendments to the Act


Mar 2009: Amended Section 60: Consent To Electroconvulsive Treatment (PDF, 10 KB)

Feb 2006: Amended Section 60 (A): Consent To Electroconvulsive Treatment (PDF. 57 KB)

Nov 2006: Amended Section 29: Community Treatment Orders (PDF, 32 KB)

Apr 2006: Amended Section 7A: Requirement to consult with family/whānau (PDF, 133 KB)


Further Guidelines


Section 130(a) of the Mental Health (Compulsory Assessment and Treatment) Act 1992 (www.legislation.govt.nz) sets out the authority of the Director-General of Health to issue guidelines from time to time. Since 1992 the Ministry of Health has published a number of guidelines (see below) pertaining to the Act. General feedback indicates that those guidelines have become an important resource document for the administration of the Act.

On 6 October 1999 Parliament passed the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (the 1999 Amendment) (www.gpacts.knowledge-basket.co.nz) , which came into force on 1 April 2000. Consequently, the Ministry of Health has revised the following guidelines to reflect the amendments made to the Act in 1999:

  • Guidelines for the Role and Function of Duly Authorised Officers under the Mental Health (Compulsory Assessment and Treatment) Act 1992 (April 2000)
  • Guidelines for the Role and Function of Directors of Area Mental Health Services (April 2000)
  • Guidelines for District Inspectors Appointed under the Mental Health (Compulsory Assessment and Treatment) Act 1992 (May 2006)
The Amendment Act contains an amendment that enables a medical practitioner, in certain circumstances, to administer an appropriate sedative to a person (section 110A). If a medical practitioner administers urgent sedation, the medical practitioner must do so in accordance with relevant guidelines and standards of care and treatment issued by the Director-General of Health under section 130 of the Act. The Director-General of Health has issued:

  • Guidelines for Medical Practitioners using Sections 110 and 110A of the Mental Health (Compulsory Assessment and Treatment) Act 1992

Related information


Like Minds website: www.likeminds.govt.nz

Guide to the Mental Health (Compulsory Assessment and Treatment) Act 1992 - a chapter from the book Public Health and the Law published by the Wellington Community Law Centre and the Legal Services Agency
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Page last updated: 23 March 2009


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