Mental Health Amendment Act 1975
Mental Health Amendment Act 1975
Mental Health Amendment Act 1975
Mental Health Amendment Act 1975
Public Act |
1975 No 118 |
|
Date of assent |
10 October 1975 |
|
Contents
An Act to amend the Mental Health Act 1969
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
1 Short Title
This Act may be cited as the Mental Health Amendment Act 1975, and shall be read together with and deemed part of the Mental Health Act 1969 (hereinafter referred to as the principal Act).
2 Interpretation
(1)
Section 82 of the principal Act is hereby amended by omitting the definition of the term “Maori”
(as inserted by section 79(1) of the Maori Affairs Amendment Act 1974), and substituting the following definition:
“‘Maori’ means a person of the Maori race of New Zealand; and includes any descendant of such a person:”.
(2)
Section 79(1) of the Maori Affairs Amendment Act 1974 is hereby consequentially repealed.
3 Application of Part VII of principal Act
(1)
Section 83 of the principal Act is hereby amended by repealing subsection (1) (as substituted by section 10(1) of the Mental Health Amendment Act 1972 and amended by section 79(3) of the Maori Affairs Amendment Act 1974), and substituting the following subsection:
“(1)
Whenever the Maori Trustee is the manager of the estate of a Maori every reference in this Part of this Act (except in subsection (1) of section 86) and in the Third Schedule to this Act—
“(a)
To the Public Trustee shall be read as a reference to the Maori Trustee; and
“(b)
To the Public Trust Office shall be read as a reference to the Maori Trust Office; and
“(c)
To any provision of the Public Trust Office Act 1957 shall be read as a reference to the corresponding provision in the Maori Affairs Act 1953 or if there is no such corresponding provision shall be disregarded.”
(2)
Section 10(1) of the Mental Health Amendment Act 1972 and section 79(3) of the Maori Affairs Amendment Act 1974 are hereby consequentially repealed.
4 Notices to be sent to Public Trustee
Section 85 of the principal Act is hereby amended—
(a)
By omitting from subsection (1) the words “or, if the person in respect of whom the order was made is a Maori, to the Maori Trustee”
; and
(b)
By omitting from subsection (2) the words “or, if that person is a Maori, to the Maori Trustee,”
.
5 When Maori Trustee to administer estate
The principal Act is hereby further amended by inserting, after section 86, the following section:
“86a
“(1)
Whenever a Maori becomes a protected patient after the commencement of this section the Maori Trustee shall be the manager and shall have the custody and administration of his estate, and shall have in respect of that estate the same powers, duties, and functions as if he had been so appointed, if—
“(a)
The protected patient is competent to do so and expresses in writing his wish, within 2 months after the Public Trustee’s authority to administer the estate commences pursuant to this Act, that the Maori Trustee be the manager of his estate; or
“(b)
The protected patient is not so competent and is married and his or her spouse expresses her or his wish in writing, within the aforesaid period of 2 months, that the Maori Trustee be the manager of the estate; or
“(c)
The protected patient is not so competent and is unmarried and one or more of his near relations express their wish in writing, within the aforesaid period of 2 months, that the Maori Trustee be the manager of the estate and none of the near relations of the protected patient dissent thereto within such period; or
“(d)
The Public Trustee and the Maori Trustee agree that it is in the interests of the protected patient that the Maori Trustee shall be the manager of the estate.
“(2)
In relation to the estates of Maoris of which the Maori Trustee is manager at the commencement of this section, the Maori Trustee shall continue to be the manager until his powers, duties, and functions shall cease pursuant to this Part of this Act.
“(3)
A protected patient shall be deemed to be competent to express his wish that the Maori Trustee be manager if the Medical Superintendent of the hospital in which the protected patient is an inmate so certifies.”
6 Increase of limits
(1)
The Third Schedule of the principal Act is hereby amended as follows:
(a)
By omitting from the proviso to clause 2(b)(ii) the words “four hundred dollars”
, and substituting the expression “$2,000”
:
(b)
By omitting from the proviso to clause 2(b)(iii) the words “fifteen thousand dollars”
, and substituting the words “the specified sum”
:
(c)
By omitting from the proviso to clause 2(b)(ix) the words “ten thousand dollars”
, and substituting the words “the specified sum”
:
(d)
By omitting from the proviso to clause 2(1) in each place where they appear the words “fifteen thousand dollars”
, and substituting in each case the words “the specified sum”
:
(e)
By omitting from the proviso to clause 2(m) the words “fifteen thousand dollars”
, and substituting the words “the specified sum”
:
(f)
By omitting from the proviso to clause 2(p) the words “fifteen thousand dollars”
, and substituting the words “the specified sum”
:
(g)
By omitting from the proviso to clause 2(t) the words “fifteen thousand dollars”
, and substituting the words “the specified sum”
:
(h)
By omitting from the proviso to clause 3(b) the words “fifteen thousand dollars”
, and substituting the words “the specified sum”
.
(2)
The Third Schedule to the principal Act is hereby further amended by adding the following clause:
“4
In this Schedule the expression ‘the specified sum’ means $40,000 or such other amount as the Governor-General may by Order in Council from time to time prescribe as the specified sum.”
7 Notices to be sent to Public Trustee of certain orders pursuant to Criminal Justice Act 1954
Section 39k of the Criminal Justice Act 1954 (as inserted by section 2 of the Criminal Justice Amendment Act 1969 and amended by section 10(3) of the Mental Health Amendment Act 1972) is hereby consequentially amended—
(a)
By omitting the words “or, if the person is a Maori within the meaning of the Maori Affairs”
Act 1953, to the Maori Trustee”:
(b)
By omitting the words “or the Maori Trustee”
.
This Act is administered in the Department of Health.