Compulsory treatment order — inpatient order — compulsory assessment period — proper process — review of condition — Mental Health (Compulsory Assessment and Treatment) Act 1992, ss 8A, 8B, 9, 10, 11, 12, 13, 14, 16, 18, 28 & 30 — T v T FAMC Kaitaia FAM-2004-029-142, 4 August 2006 — Re Saiosi (Family Court, Wellington, 30 May 2003) — Re F S L (1993) 11 FRNZ 54 — T v T FAMC Kaitai FAM-2004-029-142, 4 August 2006 — Capital and Coast District Health Board v R, FAMC Wellington FAM-2006-085-950, 25 October 2006, Family Court, Wellington — Capital and Coast District Health Board v AJB (Mental Health) DC Wellington FAM-2011-085-001461, 29 December 2011 — Capital Coast v DT (Mental Health) FC Wellington FAM-2006-085-000624, 12 April 2007. This judgment followed a hearing on an application under the Mental Health (Compulsory Assessment and Treatment) Act ("the Act") for a compulsory treatment (inpatient) order. The subject person had been initially admitted to a treatment centre and assessed under a five-day assessment period, and was deemed unfit to be released from compulsory assessment. A 14-day compulsory assessment period then commenced. Two days into the assessment period, the responsible clinician applied for the compulsory treatment (inpatient) order. The responsible clinician submitted he had done so with the subject person's interest in mind. The legislation made it clear that an application for a compulsory treatment order must be made before the expiry of the 14-day assessment period; however, the Court reasoned that this was not an unfettered power enabling a clinician to significantly reduce the 14-day assessment period. The Court considered relevant jurisprudence, the specific time periods provided for within the Act, the object of the Act, and the evidence available regarding the subject person's circumstances, and determined that it was not appropriate for the clinician to truncate the 14-day time period so significantly. The current application for a compulsory treatment order was therefore declined. Judgment Date: 11 July 2024. * * * Note: names have been changed to comply with legal requirements. * * *