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Bay of Plenty District Health Board v SP [2018] NZFC 6356

Published 26 June 2019

Compulsory treatment — alcohol addiction — review of medical records — mental health — Substance Addiction (Compulsory Assessment and Treatment) Act 2017, ss 3, 7, 8, 9 & 10. This hearing was to determine whether the subject person, SP, required compulsory treatment for alcohol addiction. The applicant doctor also sought a review of SP's full medical record. Within a five year period SP had been admitted to hospital or mental health services on 125 occasions. Section 3 of the Substance Addiction (Compulsory Assessment and Treatment) Act ("the Act") sets out the purpose of the Act as being to protect the subject person from harm, to facilitate comprehensive assessment of their addiction, to stabilise their health through the application of medical treatment and to protect and enhance their mana and dignity and restore their capacity to make informed decisions. The purpose is also to facilitate planning of their treatment and to give them an opportunity to engage in voluntary treatment. Criteria for compulsory treatment is set out in s 7. It must be shown the person has a severe substance addiction, their capacity to make informed decisions about treatment for that addiction is severely impaired, compulsory treatment of the person is necessary and appropriate treatment for the person is available. SP submitted there was no need for compulsory treatment as SP had finally sorted their life on their own by enrolling in a technical institute and receiving psychological services. Evidence provided by doctors, including SP's admissions to hospital, proved SP had a severe substance addiction, primarily to alcohol. Although SP was an intelligent person, it was submitted they could not apply their knowledge concerning excessive use, abuse and addiction to their own circumstances. SP did not believe they required help. 125 failed attempts to deal with alcohol addiction showed that compulsory treatment was necessary as voluntary treatment had failed every time. There was a bed available for SP at a treatment facility. All of the requirements under s 7 were met. Both the compulsory treatment order and application for review were granted. Judgment Date: 16 August 2018. * * * Note: names have been changed to comply with legal requirements. * * *