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Waikato District Health Board v AO [2020] NZFC 6777

Published 10 August 2021

Compulsory treatment assessment — substance addiction — alcoholism — Substance Addiction (Compulsory Assessment and Treatment) Act 2017, ss 7, 8, 9, 29, 30, 32 & 75. This was an application by the district health board for a compulsory treatment order for the subject person. Section 7 of the Substance Addiction (Compulsory Assessment and Treatment) Act provides the criteria that must be satisfied for compulsory treatment. A person can only be subject to such treatment if: (a) the person has a severe substance addiction; and (b) the person's capacity to make informed decisions about treatment for that addiction is severely impaired; and (c) compulsory treatment of the person is necessary; and (d) appropriate treatment for the person is available. Medical evidence was that the subject person had severe alcohol addiction which had mental as well as physical impacts on her, and efforts to control the use of alcohol herself were unsuccessful. Treatment was available with the approved service provider; however, compulsory treatment should only be considered as a last resort. Given the evidence of the impact on the subject person, the Judge considered it was appropriate for her to receive treatment. A compulsory treatment order was granted. Judgment Date: 10 August 2020. * * * Note: names have been changed to comply with legal requirements. * * *