Cabinet Material: Policy decisions for transforming mental health law

Proactive release of Ministerial decision-making documents

Publication Date: 
29 August 2023

We are repealing and replacing the Mental Health (Compulsory Assessment and Treatment) Act 1992 in response to He Ara Oranga. The aim of this work is to create new legislation that protects and respects human rights, better reflects Te Tiriti o Waitangi and improves equity.

These documents outline Cabinet decisions and further Ministerial decisions related to the policy proposals for new mental health legislation. The suite of policy proposals is intended to shift legislation governing compulsory mental health care towards a more rights-based and recovery approach, and to enable care in line with a te ao Māori world view. 

Documents for proactive release: 

  • Cabinet paper: Transforming mental health law: Foundations for new mental health legislation 
  • Regulatory Impact Statement: Transforming Mental Health Law
  • CAB-22-MIN-0581 Report of the Cabinet Social Wellbeing Committee Minute
  • SWC-22-MIN-0234 Minute of Decision
  • Cabinet paper: Transforming mental health law: Second tranche of policy decisions
  • Regulatory Impact Statement: Transforming Mental Health Law - Second Tranche of Policy Decisions
  • CAB-23-MIN-0338 Report of the Cabinet Social Wellbeing Committee Minute
  • SWC-23-MIN-0096 Minute of Decision
  • Briefing: Transforming mental health law: Decisions about special patient leave and change of legal status

Some information in the Cabinet papers has been withheld under section 9(2)(f)(iv) of the Official Information Act 1982, to maintain the constitutional convention protecting the confidentiality of advice tendered by Ministers and officials. Additionally, some information in the Cabinet minutes has been withheld as it is out of scope of this release. Some information in the briefing has been withheld under section 9(2)(a) of the Official Information Act 1982 to protect the privacy of natural persons.

Ministerial decision-making documents

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