Northland District Health Board v JB  NZFC 3072
Published 16 December 2021
Compulsory treatment order — substance addiction — alcohol use disorder — unopposed application — Substance Addiction (Compulsory Assessment and Treatment) Act 2017, ss 7, 8, 9, 12 & 75.
This hearing was to determine an application for a compulsory treatment order under the Substance Addiction (Compulsory Assessment and Treatment) Act. The application was unopposed by the subject person.
For a court to grant an order it must be satisfied that the criteria in s 7 applied. Here, the subject person met the criteria for severe substance addiction as per s 8; she had tried unsuccessfully numerous times to control her alcohol consumption despite harmful effects, and she had suffered serious injuries as a result. The Judge was also satisfied, having considered evidence from the responsible clinician, that the subject person's capacity to make informed decisions about treatment was severely impaired, as per s 9.
The Judge determined that compulsory treatment was necessary as voluntary treatment had been unsuccessful, and the approved treatment provider had space available to take the subject person. The Judge granted the application and made an order for compulsory treatment in respect of the subject person.
Judgment Date: 1 April 2021.
* * * Note: names have been changed to comply with legal requirements. * * *