Guidelines to the Mental Health (Compulsory Assessment and Treatment) Act 1992

Te Pou has worked with Manatū Hauora Ministry of Health since 2021 to support the practice outlined in the Guidelines.

The overarching intent behind this work is about people supporting people during the toughest of times and centring it around relationships and values.

The purpose of the Guidelines is to clarify the responsibilities of mental health services and clinicians and to offer guidance on how the sections of the Act can be applied to promote the protection of people’s rights.

Key changes and emerging issues highlighted in the revised Guidelines include:

• the growing influence of rights-based approaches, and how such an approach can be better promoted within the parameters of the current Act
• the need to give greater emphasis to our obligations under Te Tiriti o Waitangi
• the impact of He Ara Oranga and, in particular, the feedback from people with lived experience and families and whānau on how they experience the current administration of the Act.

He Ara Oranga: Report of the Government inquiry into Mental Health and Addiction indicated a need for a more human rights approach, supported decision making, emphasis on recovery and wellbeing approach to mental health, and minimising the use of compulsory and coercive treatment. The suite of resources consists of two parts.

There is an e-learning series for the workforce, and two information booklets and an animated style video for people placed under the Act and their whānau.

Both guides provide information about the Act, who is involved in the process, what to expect, what your rights are and where to get advice or support. The Mental Health Act (1992) is in the process of being updated. These resources are current until the Act changes.