Registered nurses as responsible clinicians under the New Zealand Mental Health (Compulsory Assessment and Treatment) Act 1992

2006 ◽  
Vol 15 (2) ◽  
pp. 128-134 ◽  
Author(s):  
Brian G. McKenna ◽  
Anthony J. O'Brien ◽  
Toni Dal Din ◽  
Kate Thom
Keyword(s):  
Mental Health ◽  
New Zealand ◽  
Registered Nurses ◽  
Assessment And Treatment

scholarly journals Disability Rights and Compulsory Psychiatric Treatment: The Case for a Balanced Approach under the Mental Health (Compulsory Assessment and Treatment) Act 1992

2021 ◽  
Vol 52 (1) ◽  
pp. 221-244
Author(s):  
Toni Wharehoka
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
New Zealand ◽  
Psychiatric Treatment ◽  
Current Approach ◽  
Disability Rights ◽  
Persons With Disabilities ◽  
Balanced Approach ◽  
Assessment And Treatment ◽  
United Nations Convention

This article argues the New Zealand Government's current approach to compulsory psychiatric treatment is unjustifiable in a human rights context. Under s 59 of the Mental Health (Compulsory Assessment and Treatment) Act 1992, clinicians are empowered to administer compulsory psychiatric treatment to individuals without, or contrary to, their consent. This article analyses s 59, and its underlying justifications, in light of the New Zealand Government's commitments under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). Further, it analyses the approach for compulsory psychiatric treatment advocated by the UNCRPD in light of Aotearoa New Zealand's mental health context to evaluate whether this approach would be more desirable than the current approach under s 59. The article then advocates for a more balanced approach to compulsory psychatric treatment which puts the rights of disabled individuals at the forefront and also ensures there are limits to these rights which are justifiable within a human rights context.

A One Year Analysis of Appeals Made to Mental Health Review Tribunals in New Zealand

1995 ◽  
Vol 29 (4) ◽  
pp. 661-665 ◽  
Author(s):  
T. A. O'Brien ◽  
G. W. Mellsop ◽  
K. P. McDonald ◽  
C. B. Ruthe
Keyword(s):  
Mental Health ◽  
New Zealand ◽  
Compulsory Treatment ◽  
Legal Representation ◽  
Discharge Rates ◽  
Maximum Delay ◽  
Special Cases ◽  
Assessment And Treatment ◽  
One Year ◽  
Health Review

Objectives: The aim of the paper is to present data on the first year of all appeals lodged with a Mental Health Review Tribunal against compulsory treatment orders of psychiatric inpatients. Method: Two tribunals have been in operation in New Zealand since the introduction of a new Mental Health (Compulsory Assessment and Treatment) Act in 1992. The case records of all patients who had appeals heard by either the Northern or Southern regional tribunal from 16/12/92 to 7/12/93 inclusive were examined. Results: 145 appeals were heard by the tribunals: 14.5% of appeal hearings resulted in the discharge of a patient from their compulsory treatment status. Discharge rates for the Southern Tribunal were found to be significantly higher at 22%, compared with 10% for the Northern Tribunal (p<0.05). Application for appeal was initiated by the patient in 72% of cases; District Inspectors initiated the remaining cases. District Inspectors were found to initiate significantly more female review applications (47%) than male applications (22%) (p<0.05). Of the appeals heard, 126 were lodged under s.79 of the Mental Health Act. The remaining cases were s.80 (special) cases: in no case was discharge from compulsory treatment recommended. Overall, 69% of appellants were represented by a lawyer. It was found however that engaging legal representation did not significantly increase patients' chances of successful discharge but did delay the hearings. Also considered in the study were the presence or absence of witnesses at hearings and the relationship this had to the outcome of the tribunal hearing. Conclusions: Ambiguities within the Act need to be addressed in order that criteria used to judge a patient's fitness for discharge may be standardised. In addition, the Act stipulates a maximum delay of 14 days in reviewing a patient's case; however in practice a mean of 22 days elapses, indicating that this stipulation requires review.

scholarly journals Mental health law in New Zealand

2016 ◽  
Vol 13 (2) ◽  
pp. 43-45 ◽  
Author(s):  
Ian Soosay ◽  
Rob Kydd
Keyword(s):  
Mental Health ◽  
New Zealand ◽  
Modern State ◽  
Compulsory Treatment ◽  
Health Law ◽  
Mental Health Legislation ◽  
Assessment And Treatment ◽  
History Of ◽  
Constitutional Protections ◽  
Health Legislation

New Zealand has an established history of mental health legislation that sits within a framework of human rights, disability and constitutional protections. We outline a brief history of mental health legislation in New Zealand since its inception as a modern state in 1840. The current legislation, the Mental Health (Compulsory Assessment and Treatment) Act 1992, defines mental disorder and the threshold for compulsory treatment. We describe its use in clinical practice and the wider legal and constitutional context which psychiatrists need to be aware of in their relationships with patients.

PASIFIKA FUTURES WHĀNAU ORA: F’INE – Nurturing the Future for Pasifika LGBTQI

2019 ◽  
Vol 21 (4) ◽  
Author(s):  
Saneta Manoa ◽  
Phylesha Brown-Acton ◽  
Tatryanna Utanga ◽  
Seini Jensen
Keyword(s):  
Mental Health ◽  
New Zealand ◽  
Poor Mental Health ◽  
Depression And Anxiety ◽  
The Future ◽  
Specific Provider

F’INE Aotearoa, through Pasifika Futures Whānau Ora programme, is supporting Pacific Lesbian, Gay, Bisexual, Transgender, Queer and Intersex (LGBTQI) individuals and their families to transform their lives and achieve their aspirations.  The LGBTQI community in New Zealand experience significant disadvantage across a range of areas affecting wellbeing, including higher rates of poor mental health, depression and anxiety 1,2,3. For Pacific LGBTQI, the disadvantages are compounded further.  F’INE, an LGBTQI specific provider in New Zealand, is working to change this.

Is Pacific language ability protective of prevalence of mental disorders among Pacific peoples in New Zealand?

2018 ◽  
Vol 21 (1) ◽  
pp. 10-16 ◽  
Author(s):  
Eirenei Taua'i ◽  
Rose Richards ◽  
Jesse Kokaua
Keyword(s):  
Mental Health ◽  
New Zealand ◽  
Mental Health Services ◽  
Mental Disorders ◽  
Health Services ◽  
Common Mental Disorders ◽  
Mental Health Disorder ◽  
Positive Role ◽  
Pacific People ◽  
Language Promotion

Aims: To explore associations between experiences of mental illness, migration status and languages spoken among Pacific adults living in NZ. Methods: SURVEY FREQ and SURVEY LOGISTIC procedures in SAS were applied to data from Te Rau Hinengaro: The New Zealand (NZ) Mental Health Survey, a survey of 12,992 New Zealand adults aged 16 and over in 2003/2004. Pacific people were over sampled and this paper focuses on the 2374 Pacific participants but includes, for comparison, 8160 non-Maori-non-Pacific (NMNP) participants. Results: Pacific migrant respondents had the lowest prevalence of mental disorders compared to other Pacific peoples. However, Pacific immigrants were also less likely to use mental health services, suggesting an increased likelihood of experiencing barriers to available mental health care. Those who were born in NZ and who were proficient in a Pacific language had the lowest levels of common mental disorders, suggesting a protective effect for the NZ-born population. Additionally, access to mental health services was similar between NZ-born people who spoke a Pacific language and those who did not. Conclusions: We conclude that, given the association between Pacific language and reduced mental disorder, there may be a positive role for Pacific language promotion in efforts to reduce the prevalence of mental health disorder among Pacific communities in NZ.

Transitioning towards official clinical guidelines for the diagnostics and treatment of severe behavioural problems in children across Europe: current state and future directions.

2017 ◽  
Author(s):  
Alexandra-Raluca Gatej ◽  
Audri Lamers ◽  
Robert Vermeiren ◽  
Lieke van Domburgh
Keyword(s):  
Mental Health ◽  
Clinical Guidelines ◽  
Clinical Decision Making ◽  
Daily Practice ◽  
Clinical Decision ◽  
European Guidelines ◽  
Current State ◽  
Assessment And Treatment ◽  
Evidence Based Treatments ◽  
Multifactorial Approach

Severe behaviour problems (SBPs) in early childhood include oppositional and aggressive behaviours and predict negative mental health outcomes later in life. Although effective treatments for this group are available and numerous clinical practice guidelines have been developed to facilitate the incorporation of evidence-based treatments in clinical decision-making (NICE, 2013), many children with SBPs remain unresponsive to treatment (Lahey &amp; Waldman, 2012). At present, it is unknown how many countries in Europe possess official clinical guidelines for SBPs diagnosis and treatment and what is their perceived utility. The aim was to create an inventory of clinical guidelines (and associated critical needs) for the diagnostics and treatment of SBPs in youth mental health across Europe according to academic experts and mental health clinicians’ opinions. To investigate the aim, two separate online semi-structured questionnaires were used, one directed at academics (N=28 academic experts; 23 countries), and the other at clinicians (N=124 clinicians; 24 countries). Three key results were highlighted. First, guidelines for SBPs are perceived as beneficial by both experts and clinicians. However, their implementation needs to be reinforced and content better adapted to daily practice. Improvements may include taking a multifactorial approach to assessment and treatment, involving the systems around the child, and multidisciplinary collaboration. Second, academic experts and clinicians support the need for further developing national / European guidelines. Finally, future guidelines should address current challenges identified by clinicians to be more applicable to daily practice.

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