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New Zealand’s mental health laws are set for their biggest overhaul in more than three decades, with Parliament passing landmark legislation to modernise compulsory mental health care.
Mental Health Minister Matt Doocey said the Mental Health Bill represented a major shift in how people receiving compulsory care would be treated.
“This is a huge day for mental health in New Zealand, with a once in a generation reform that will modernise compulsory mental health care, strengthen people’s rights, end the use of seclusion for young people, and introduce new protections to keep mothers and their babies together wherever possible,” Doocey said.
He said the previous law was written more than 30 years ago and no longer reflected modern mental health care.
“Our understanding of mental health has changed dramatically, and people rightly expect care that is more respectful of their rights and focused on recovery.”
Under the new legislation, protections will be introduced to support mothers and newborn babies staying together while a mother is under compulsory mental health care.
Separation will only be allowed where the responsible practitioner considers it to be in the best interests of both the mother and baby.
Doocey said another significant change was ending the use of seclusion for young people.
For adults, the law will introduce stronger safeguards and oversight around seclusion, significantly limiting when it can be used. Doocey said the Government would continue working towards eliminating seclusion altogether.
The Bill will also strengthen supported decision making, increase family involvement, introduce independent advocacy, and raise the threshold for electroconvulsive therapy, meaning it can only be used in more limited circumstances.
Doocey said the legislation responded to at least 10 recommendations from the Royal Commission of Inquiry into Historical Abuse in State Care and in the Care of Faith based Institutions.
“I want to acknowledge everyone who helped shape these reforms, particularly people with lived experience and their families,” he said.
“Their feedback has helped create a Bill that will improve mental health care for generations of New Zealanders.”
The changes will come into force in two years, giving clinicians and the wider mental health system time to prepare.


