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Canterbury District Health Board v LL [2021] NZFC 12436

Published 05 May 2022

Compulsory treatment order — substance addiction — alcoholism — Substance Addiction (Compulsory Assessment and Treatment) Act 2017, ss 7, 8, 9, 10, 46 & 47. This reserved decision followed a hearing 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 treatment, but held the view that she had gained all available benefits from this treatment. Medical evidence was submitted, outlining the tests performed to assess the subject person's capacity to make informed decisions about treatment. The reports concluded that while there had been some improvement during her time in treatment, her working, incidental and prospective memory had not improved sufficiently. 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 that the subject person met the criteria of the legislation and a compulsory treatment order was necessary, as voluntary treatment was unlikely to be effective in addressing the severe substance addiction. The application was granted and the compulsory treatment order was extended for a further 56 days. Judgment Date: 9 December 2021. * * * Note: names have been changed to comply with legal requirements. * * *