Mental health laws set for historic overhaul

New Zealand’s mental health laws are set for their biggest overhaul in more than 30 years, with the passing of landmark legislation in Parliament, said Mental Health Minister, Matt Doocey.

The Minister said the once-in-a-generation reform will modernise compulsory mental health care, strengthen people’s rights, end the use of seclusion for young people, and introduce new protections to keep mothers and their babies together wherever possible.

“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,” Mr Doocey says.

“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. 

“Another significant change I am proud of is ending the use of seclusion for young people,” he said.

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 the Government works towards eliminating seclusion altogether.

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, said Minister Doocey.

“This responds to at least 10 recommendations from the Royal Commission of Inquiry into Historical Abuse in State Care and in the Care of Faith-based Institutions, reinforcing our commitment to improving the safety, dignity and rights of people receiving compulsory mental health care,” he said.

“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.

“The changes will come into force in two years, allowing time for clinicians and the wider mental health system to prepare for these significant reforms.”

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