The new Mental Health Bill has been introduced and is now publicly available.
View the bill on the Legislation website.
The Mental Health Bill will repeal the current Mental Health (Compulsory Assessment and Treatment) Act 1992, which is more than thirty years old and no longer fit for purpose.
The Bill sets out the regime for when a person can be subject to compulsory mental health care without their consent. This is a critical safety net when a person needs urgent intervention as a last resort.
He Ara Oranga: Report of the Government Inquiry into Mental Health and Addiction in 2018 recognised the Act was out of date and recommended new legislation that:
- reflects a human rights-based approach
- promotes supported decision-making
- aligns with the recovery and wellbeing model of mental health, and
- provides measures to minimise compulsory or coercive treatment.
The Bill is about providing more effective care, supporting compulsory mental health care to be delivered in a way that minimises coercion and is responsive to individual needs.
With a strengthened focus on safe and effective mental health care the proposed legislation puts people at the centre of decision-making.
It also introduces far greater protections and safeguards than are currently in place, ensuring people understand what is happening to them and what they’re entitled to when they are under the legislation.
Mental health is a priority for the Government, reflected through the establishment of a dedicated ministerial portfolio and a focus on increasing timely access to mental health and addiction services, growing the workforce, strengthening the system’s focus on prevention and early intervention and improving the effectiveness of supports.
This Bill is an important step in improving the effectiveness of mental health and addiction support in New Zealand.
The next step is for the Bill to have its first reading in Parliament where it will be referred to the Health Select Committee for consideration. Once the Bill is referred to the Health Select Committee it will invite public submissions on the Bill, so members of the public will be able to comment on the Bill before it becomes law.
We encourage people to read the Bill and follow the links provided below to find out about how to make a submission and to take part in the process.
When the Bill is open for submissions, it will be listed on the New Zealand Parliament website.
Read more about how to make a submission on the New Zealand Parliament website.
Read more about our work to repeal and replace the Mental Health Act.
