LAWS727 - Mental Health and the Law Assignment

Assignment Task

The Ministry of Health is charged with drafting a bill to replace the Mental Health (Compulsory Assessment and Treatment) Act 1992. In this mock assignment, you are charged with submitting to the consultation process to inform specific features of the new bill.

This new ‘mental health capacity’ bill will aim to use a human rights-based framework, that embeds te Titiri principles, thereby aiming to reduce continued breaches of International and national treaties.

The new bill will enshrine a capacity-based framework and enable supported decisionmaking. Exactly what this will look like in a new Act is less clear.

The Ministry of Health would like to consult the community further about views on these core features of the new bill.

1. Making decisions about capacity. What matters should be relevant to an assessment of whether a person has the capacity to make decisions about their care and treatment?

2. Supporting people to make decisions. What are some appropriate tools to support people to make decisions about their care and treatment when capacity is reduced?

3. Ensuring people’s rights are protected and monitored. How can we ensure that supported decision-making is enabled?

Across your answer to these questions, you must consider how we can realise a human rights-based approach that is consistent with te Tiriti principles.

The new Bill has not yet been drafted; at this stage, the Ministry is seeking submissions to help create public input into the foundations of new legislation.

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