Mental Health Bill
This bill replaces a 1992 law about when the government can force someone to get mental health assessment and treatment. It sets new rules for when compulsory care can happen, strengthens the rights of people under that care, and gives them more say in their treatment — including through documents written in advance saying what care they do or don't want. It also aims to reduce the use of practices like locking someone alone in a room (seclusion). The law is set to come into force in July 2027.
What this affects
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The bill changes when and how the government can force someone into mental health treatment, and gives those people stronger rights and more say in their care.
The bill's purpose is to provide for compulsory mental health assessment and care in a manner that promotes a person's decision-making capacity, including while they are subject to compulsory care.
Clause 49 seeks to provide for the reduction and elimination of seclusion.
Clause 49(2): people should not be placed in seclusion unless necessary to prevent an imminent risk to life when all other less restrictive strategies and approaches had been tried without positive effect.
We recommend inserting new clauses 190A and 190B to create the offences of failing to take reasonable steps to ensure that a person under compulsory care has access to their communication aid or their mobility aid.
Progress through Parliament
Have your say
This bill is open for public submissions to the Health Committee. Anyone can tell the committee what they think, and you don’t need to be an expert. Submissions close 19 December 2024.
Bill text sourced from legislation.govt.nz (Parliamentary Counsel Office). Arapono’s summary and breakdown are drafted with AI grounded in that official text and reviewed by an Arapono editor for accuracy and neutrality before publishing. Arapono is non-partisan and takes no position on this bill.