Read The Times Australia

Daily Bulletin

We're taking the government to court to challenge New Zealand’s outdated Mental Health Act – here's why

  • Written by: Giles Newton-Howes, Associate Professor in Psychological Medicine, University of Otago
We're taking the government to court to challenge New Zealand’s outdated Mental Health Act – here's why

It’s been five years since an independent inquiry into mental health and addiction called on the government to repeal and replace the Mental Health Act (MHA).

The He Ara Oranga inquiry described New Zealand’s mental health law as out of pace with societal shifts and recommended it be replaced to reflect human rights and minimise compulsory or coercive treatment.

But the reform process has been so slow, so a colleague and myself decided to take a court case against the Attorney General and the Ministry of Health. We want to clarify the MHA’s legal provisions that force someone deemed to have a mental disorder to have compulsory treatment.

In a New Zealand first, the courts have issued a protective costs order, ensuring the defentants (the Attorney-General and Ministry of Health) cannot apply to have their costs awarded if we lose.

The act can currently be used to detain people under a compulsory treatment order, in a hospital or at home. This means they have to comply with treatment even if they have the capacity to refuse and don’t want to. Colleagues and I have referred to this as a kafkaseque situation.

The enforcement of unwanted medical treatment onto patients who may be fully competent to refuse it also violates New Zealand’s international human rights obligations under the United Nations Convention on the Rights of Persons with Disabilities (CRPD) and is arguably unethical.

Compulsory treatment doesn’t make things better

Mental health legislation in New Zealand was developed to support the delivery of the best mental healthcare to people in psychological distress. This is also described as “psychosocial distress”, recognising it is partly individual but also caused by the structure of the society in which people live.

Such distress is common: one in five New Zealanders will experience it in any given year. Sometimes it follows major life changes such as relationship break-ups or bereavement, at other times it happens for no clear reason. We are all potentially within the remit of the MHA.

Read more: The transition into adolescence can be brutal for kids' mental health – but parents can help reduce the risk

Legislation has a profound impact on what we do and how we act, and this is also true for the MHA. It shapes much of the practice of psychiatry in New Zealand and internationally.

When the act came into force in 1992, the common view was that it would help keep people well and out of hospital and stop the revolving door of readmission.

But three randomised controlled trials now conclusively show detaining people using a compulsory community treatment order does not prevent readmission.

When we looked at real-world New Zealand data, we found being detained under compulsory treatments orders only reduced readmission for people with psychotic disorders. The opposite happened for people with a range of other diagnoses, including dementia, bipolar or major depressive disorder and personality disorders.

Support is more effective in preventing worst-case outcomes

Does the MHA prevent really bad outcomes such as suicide? We don’t think so. The suicide rate in New Zealand has been stable for more than a decade and has recently fallen.

Between 1978 and 1998, over the period when the MHA came into force and became embedded in practice, the suicide rate actually went up.

Read more: AI could help predict suicides – but rushing the technology could lead to big mistakes

We have recently reviewed the international literature on suicide and self-harm for the Lancet and are clear that a good assessment and support plan is more effective than trying to predict if a person will follow through on suicidal thoughts.

All these issues have been brought to light in the He Ara Oranga inquiry. We encourage people to participate in the ongoing reform process to ensure any new legislation reflects the evidence, supports people’s human rights and helps shape a better mental health landscape for all New Zealanders. Our approach along a legal avenue is only one of many ways to remain engaged.

Authors: Giles Newton-Howes, Associate Professor in Psychological Medicine, University of Otago

Read more https://theconversation.com/were-taking-the-government-to-court-to-challenge-new-zealands-outdated-mental-health-act-heres-why-191166

Business News

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

When Should You Speak to a Lawyer About a Legal Issue?

Legal issues can begin with a simple question, then become harder to manage once formal steps are involved. Many people wait until a matter feels urgent before seeking guidance, even though earlier ...

Daily Bulletin - avatar Daily Bulletin

The strategic rise of Bali as Australia’s next essential healthcare support hub

As Australian healthcare providers grapple with unprecedented operational bottlenecks, a new nearshore model is quietly transforming patient care delivery. Forward-thinking organisations,  including...

Daily Bulletin - avatar Daily Bulletin

Cost Savings and Benefits of Using Used Pallets in Logistics

In today’s competitive logistics and supply chain industry, businesses are constantly looking for ways to reduce operational costs without compromising efficiency and reliability. One of the most prac...

Daily Bulletin - avatar Daily Bulletin

How Fulfilment Services in Australia Help Businesses Scale Efficiently

The growth of e-commerce and modern retail has transformed customer expectations. Consumers now expect fast shipping, accurate order processing, and seamless delivery experiences regardless of where...

Daily Bulletin - avatar Daily Bulletin

Practical Ways Australian Workplaces Can Reduce Operating Costs

Reducing business costs doesn’t always mean cutting staff, shrinking services or making the workplace feel bare-bones. In many cases, the smarter savings are hiding in everyday operations: the light...

Daily Bulletin - avatar Daily Bulletin

Executive Recruitment Solutions That Help Organisations Secure Exceptional Leaders

Leadership has a direct impact on organisational performance, employee engagement, strategic growth, and long-term success. Businesses operating in increasingly competitive environments require experi...

Daily Bulletin - avatar Daily Bulletin

Why A WooCommerce Website Designer Matters For Online Growth

Running an online store today requires more than simply listing products and waiting for customers to arrive. Businesses need a website that is fast, reliable, easy to navigate, and designed to suppor...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

DIY Rodent Control Vs Professional Help: When Is It Time To Call The Experts?

Rodents are one of the most frustrating pest problems for Australian property owners. Rats and mic...

Lighting Shop in Perth: How The Right Lighting Can Transform Your Home And Business

The right lighting can completely change the look, feel, and functionality of any space. Whether it ...

Traffic Light System Solutions For Safer And More Efficient Traffic Management

Modern cities and growing communities rely heavily on effective traffic management to ensure safety...

Gold Migration Lawyers in Liquidation: How the Closure Affects Your ART Appeal

If your appeal was with Gold Migration Lawyers, a recent change to how the Tribunal decides cases ...

The pressure cooker: life in urban Australia in 2026

Australian cities have always been demanding. Long commutes, rising housing costs, busy schedules a...

What Actually Makes a Good Criminal Lawyer in Melbourne

Most people only think about this question once. That is usually too late. Most people charged wi...

Why Working With A Chatswood Tutor Can Improve Academic Performance

Academic expectations continue increasing for students across primary school, high school, and senio...

Is It Worth Getting Solar Panels in Melbourne?

The real question is not whether solar works in Melbourne. It works. The question is what it is co...

How A Diploma Of Project Management Builds Practical Skills For Modern Work Environments

Developing the ability to plan, execute, and deliver outcomes efficiently is a key requirement in to...