A strain towards consensus? The individual, the family, and New Zealand's mental health (compulsory assessment and treatment) amendment bill 1999

Abstract

The Mental Health (Compulsory Assessment and Treatment) Act 1992 (NZ) “the Act” was a watershed piece of legislation. It entrenched the principles of compulsory assessment and treatment in the least restrictive environment community care, and patients' rights. Since the passing of the Act the Ministry of Health has continued to monitor and consult with key mental health stakeholders on its effectiveness. In 1996, as a result of this monitoring and consultation, an amendment to the Act was introduced to Parliament.

The Mental Health (Compulsory Assessment and Treatment) Amendment Bill 1999 (NZ) ‘the Bill” sought to remove a number of practical difficulties that emerged with the operation of the Act. One of the more contentious issues in the Bill has been the Government's drive to formalise the rights of families/whanau in the process of compulsory assessment and treatment.

This article explores the balancing of the interests of the family, the whanau and the individual that were raised during the Health Select Committee consideration of the Bill. It also examines whether the state can successfully reconcile the interests of families/whanau and individuals.

Notes

The views expressed in this article are those of the author and do not necessarily reflect the views of New Zealand's Ministry of Health.