district court logo

Waikato District Health Board v LL [2021] NZFC 10464

Published 11 March 2022

Substance addiction — alcohol addiction — compulsory treatment order — Substance Addiction (Compulsory Assessment and Treatment) Act 2017, ss 3, 7, 8, 9 & 10. This hearing was to determine whether a compulsory treatment order should be made in respect of the subject person. She had a history of alcohol abuse and had been admitted to hospital for voluntary treatment, but did not engage with the treatment. Her drinking had also severely impacted her mobility. A compulsory treatment order should only be made if the criteria in s 7 of the Substance Addiction (Compulsory Assessment and Treatment) Act apply: the person must have a severe substance addiction; their capacity to make informed decisions about treatment for the addiction is severely impaired; and compulsory treatment is necessary and available. A "substance addiction" is defined in s 8 of the Act as a continuous or intermittent condition which manifests itself in the compulsive use of a substance and is characterised by at least two of the features of s 8(2); and poses a serious danger to the health and safety of the person and seriously diminishes their ability to care for themselves. Section 9 outlines the criteria for capacity. The Judge was satisfied, based on the medical evidence submitted, that the subject person fit the criteria of having a substance addiction and that it impacted her ability to make informed decisions about her treatment for it. The Judge considered evidence from responsible medical professionals and determined that the criteria of the legislation was met and that a compulsory treatment order was appropriate in the circumstances. The Judge granted the application and made a compulsory treatment order. Judgment Date: 20 October 2021. * * * Note: names have been changed to comply with legal requirements. * * *