Mental Health and Addiction Support: New Zealand's Legal Framework

This report provides a comprehensive overview of the legal and ethical frameworks governing mental health and addiction support services in New Zealand. It delves into key legislation including the Mental Health Act 1992, the Health and Disability Services Consumers' Rights Code 1996, the Human Rights Act 1993, and the Privacy Act 1993, highlighting their roles in protecting consumer rights, promoting equality, and ensuring ethical practice. The report examines the functions of regulatory bodies such as the Mental Health Commission and the Health and Disability Commissioner, and discusses initiatives like 'Let's get real' and 'Like minds. Like mine' aimed at improving service delivery and reducing stigma. It addresses the rights of individuals with mental health disorders, including the right to information, treatment, and privacy, while also acknowledging the limitations imposed by certain acts. The report also covers the provisions for compulsory assessment and treatment under the Mental Health Act, and the transfer of individuals between prison and secure health facilities. Overall, the report offers a detailed analysis of the legal landscape, emphasizing the importance of balancing individual rights with public safety and effective care.

Running head: MENTAL HEALTH AND ADDICTION SUPPORT1
Mental Health and Addiction Support
Name
Institutional Affiliation
Date

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Mental Health and Addiction Support
The World Health Organization (2014) statesthat, mental health services, refers to
support and treatment services for mental illness, alcohol and drug addiction and chronic mental
illness. All practitioners in mental health and addiction support services implement regulations,
policies, legislation, codes, and standards that are relevant to the roles they occupy in a manner
that supports the users of the service and their families.In 1996, The Mental Health
Commissionwas established after recommendations from the Mason inquiry to monitor the
implementation of mental health strategies in New Zealand (French, Old & Healy, 2001).
Health and Disability Commissioner Regulations 1996
New Zealand’s Health and Disability Commissioneroffice is under amandate to protect
the rights of mental health services consumers while promoting their independence and
community participation (Manning, 2010). The Commissioner who is only responsible to the
Minister of Health,is tasked with various functions such as developing a Code of Rights,
promoting consumer rights, refer complaints for investigation, prepare advocacy services
guidelines and to report relevant matters to the Minister of Health. The Health and Disability
Services Consumers Rights Code 1996 protects all consumers who are receiving disability or
health servicesin New Zealand based on ten rights. The Code places all organizations and their
staff under an obligation to notify patients, consumers, and clients of their respective rights.
The code endows the consumer of mental health services the right to be respectfully
treated in a manner that is free from coercion, discrimination, exploitation, and harassment. This
service must also be provided in a such a way that it respects the individual’s independence and
dignity. The code requires mental health and addiction support workers to provide standard

MENTAL HEALTHAND ADDICTION SUPPORT 3
services to patients in an ethical, legal and professional manner. Furthermore, effective
communication channels that fully inform the mental patients and clients should be used. This is
because all consumers have a right to accurate and honest answers in regard to their health.
Consumers also have the right to give informed consent unless he or she is incompetent to do so.
If the patient is not competent to make a choice, he or she may be allowed to make a decision to
the extent of his or hercompetence level or another person who is entitled to make the informed
decision may step in.
In particular, the purpose of these regulations includes to secure fair resolution of related
complaints, facilitatethe Health and Disability Commissioner’s appointment, promulgation of the
Code and other incidental matters such as education of both providers and consumers. In its
effort to enforce the Code, various public funded educational campaigns aimed at sensitizing the
public on the rights of mentally ill people have been launched by the New Zealand Ministry of
Health. One of such, ‘Let’s get real’ initiative highlighted the essential attitudes,skills,
andknowledge, that are necessary to deliver effective addiction and mental health services. This
initiative is intended to improve the capability and competence of the mental health services
practitioners. Another educational program, ‘Like minds. Like mine’ was launched in 1997 to
help reduce discrimination and stigma that individuals with mental health illnesses face. Various
surveys conducted to review the impact of the campaign show it has produced positive results in
increasing the community’s mental illness awareness and reducing stigma (Thornicroft, Wyllie,
Thornicroft & Mehta, 2014).
Human Rights Act 1993
By definition, human rights are the fundamental rights or freedoms entitled to everyone.
In NewZealand, human rights are promoted and protected by the country’sHuman Rights Act

MENTAL HEALTHAND ADDICTION SUPPORT 4
1993 and also the Bill of Rights Act 1990. According tothe UN Charter and international
agreements, human rights are a critical factor in mental health legislation. Equality and non-
discrimination are among the keyrights that prevent degrading or inhuman treatment of mentally
ill people (Freeman & Pathare, 2005). Regarding human rights, New Zealand’s legislation seeks
to warrant that the same social, economic and cultural rights are enjoyed by all New Zealanders
regardless of their mental health status or disability.
Established through this Act, the Human Rights Commission (HRC)is tasked with
protecting and promoting the rights of all New Zealanders.The specific functions of the
Commission include race relations, equal employment opportunities, rights under the Treaty of
Waitangi, international human rights and rights of disabled people. In reference to the Human
Rights Act, the Commission ensures that everyone in New Zealand inclusive of mentally ill
individuals is treated equally and justly as illustrated in their vision for a fair, just and safe
society that respects human rights and values diversity.
The Actthrough its policies tackles possible mediums of discrimination, resolution of
disputes and at the same time prescribes fundamental rights and freedoms to mentally ill
individuals. Rights includedare right to information and participation, right to treatment and
access to care, equality right, right torequest legal advice,right to education, right to company
among others.The rights to information and education extends to mentally ill children with
special educational needs and their integration in learning institutions (Howie, 2010). Although
the Bill of Rights Act 1990 gives consumers a right to refuse treatment, this right is not straight
forward in mental health and addiction services due to regulations in the Alcoholism and Drug
addiction Act 1966, Intellectual Disability Act 2003 andthe Mental Health Act 1992.

MENTAL HEALTHAND ADDICTION SUPPORT 5
Privacy Act 1993
This Act was established for the health sector so as to protect and promote the privacy of
people by establishingprinciples on the use,disclosure or collection of a consumer’s personal
information by private or public agencies (Commissioner, 2017). It also facilitates a complaint
and resolution mechanism that regulates matching and transmission of data. Support workers in
addiction and mental healthsupport services are obligated to follow all the requirements of the
Privacy Act when interacting with their patients.
The Privacy Act gives the Privacy Commissioner power to formulate codes of practice
that may become law and is comprised of twelve privacy principles related to the rights of
individuals. Functions of the Privacy Commissioner’s office include investigating privacy related
complaints, educating the public and other stakeholders on privacy issues, developing industry
and sector codes of practice and making inquiries into situations that suggest breaches of
individual privacy. In relation tothe addiction and mental health support services, the
Commission is mandated to provide regulations that govern the interaction between the
government, health institutions and the individual seeking mental health services. The Health
Information Privacy Code 1994 suggests rules that govern the health sector.
When providing mental health and addiction support services, mental health practitioners
must ensure that patients understand the information that is required of them, thepurpose of the
information, who is collecting the information and their authorization. Once the information is
collected, the individuals have a right to accesses their information or request corrections.If the
patient is not mentally competent, theirdata may be obtained from appointed representatives.
Information must, however,be collected through lawful and fair methods and not using
unreasonable intrusion. In relation to this requirement of the Privacy Act, the Mental Health Act

MENTAL HEALTHAND ADDICTION SUPPORT 6
1992 prohibits the recording of patients by use of audiotapes and videotapes. Furthermore, the
respective health organizations are under obligation to secure the information collected against
misuse or loss.
Mental Health Act 1992, ss. 45 and 46
People with mental disorders are a vulnerable sector of our society because of the
discrimination and stigma they face. Therefore, to reduce chances of violation on their human
rights, legislation on mental health is necessary (Pathare, 2003). Data collected by the World
Health Organization (2014) confirms that in the 1990s. New Zealand overhauled its mental
services by moving care to the community and subsequently closing large mental hospitals. The
Mental Health Act 1992 was therefore established to protect the patients’ rights and provide a
legal framework for tackling crucial issues related to mental health.
The Act is purposed to define the situations under which compulsory assessment or
treatment is prudent, ensure the public and vulnerable individuals are protected, guarantee the
rights of proposed and diagnosed patients, provide a clinical practice legal framework and to
promote accountability in the sector. In accordance with a Ministry of Health (2012) guideline,
specific powers granted by the Act enable practitioners to conduct compulsory assessment or
treatment in certain limited situations and permits thereasonable exercise of force. The Act also
defines the roles and power limits of judges, medical practitioners,andauthorized officers.
Individuals charged or convicted of an offense but show an intellectual disability or
mental disorder may under the Mental Health Act 1992 (Compulsory Assessment and
Treatment), be compelled to accept involuntary care and rehabilitation.The court makes a Special
Patient Order requiring the individual to acceptrehabilitation and treatment. Compulsory

MENTAL HEALTHAND ADDICTION SUPPORT 7
treatment may also be required of people who despite not committing a criminal offense, pose a
danger to themselves and the society as a result of diminished mental health (Callaghan Ryan,
2012). Patients under this Act are protected by a list of eleven fundamental rights prescribed
under the Mental health Act. These rights compliment all other rights found in the Code of
Health and Disability Consumers’ Rights 1992 and the Bill of Rights Act 1990. If an individual
detained in prison requires mental health care, the Department of Corrections along with a
Director Mental Health Services may by sections 45 and 46 transfer the individual to a secure
health facility. Likewise, the person can transfer back to prison when he/she is no longer in need
of treatment.A special patient may also be moved to a specialized care facility under the
instructions of the Director.
In summary, when an individual experience mental illness, they have the right to make
their treatment related decisions. However, this right can be overridden under the Mental Health
Act (Compulsory Assessment and Treatment) if the mentally ill individual does not willfully
accept treatment or if he/she poses a threat to others. There exist avenues to challenge the
compulsory treatment order or to lodge complaints regarding rights.

MENTAL HEALTHAND ADDICTION SUPPORT 8
References
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