The mental health minister described it as a “once-in-a-generation” reform
The Mental Health (Compulsory Assessment and Treatment) Act 1992 is set to be repealed and replaced by a new Mental Health Bill that recently passed its third reading in parliament.
According to mental health minister Matt Doocey, this is the most significant reform to the country’s mental health legislation in over three decades. The “once-in-a-generation” change is expected to modernise compulsory mental health care and enhance people’s rights.
“Our old mental health law was written more than 30 years ago and no longer reflects how mental health care is delivered today. Our understanding of mental health has changed dramatically, and people rightly expect care that is more respectful of their rights and focused on recovery”, Doocey said in the government’s media release.
A key change introduced in the new bill is safeguards for mothers and their children.
“New protections will be introduced to support mothers and their newborn babies staying together while under compulsory mental health care. Under the new protections, separation may only happen where the responsible practitioner deems it is in the best interest of the mother and baby”, Doocey said.
The minister also highlighted how the Mental Health Bill ends the use of seclusion for young people.
“For adults, the bill introduces stronger safeguards and oversight around seclusion, significantly limiting the circumstances in which it can be used, while continuing to reduce its use as we work towards eliminating seclusion altogether”, Doocey said. “The bill also strengthens supported decision-making, increases family involvement, introduces independent advocacy, and raises the threshold for the use of electroconvulsive therapy (ECT), ensuring it is used only in much more limited circumstances”.
He noted that the bill addresses at least 10 recommendations resulting from the Royal Commission of Inquiry into Historical Abuse in State Care and in the Care of Faith-based Institutions. He confirmed that clinicians and the broader mental system will be given time to prepare for the coming amendments as the new law will take effect in two years.
“I want to acknowledge everyone who helped shape these reforms, particularly people with lived experience and their families. Their feedback has helped create a bill that will improve mental health care for generations of New Zealanders”, Doocey said.
The Mental Health Bill was first introduced to parliament on 30 September 2024 and passed the third reading on 30 June this year. It is pending the receipt of Royal Assent.
New Zealand’s first multidisciplinary book on mental health law and policy in the country’s criminal justice system, Mental Health and Criminal Justice: A New Zealand guide, was released last year.
