The medical psychiatric staff at Hillmorton hospital are authorized to use resonable force on patients to treat them (see s.122B(3), Mental Health (CAT)Act 1992).
What sections of the New Zealand Bill of Rights Act 1990 are relevant?
The relevant provisions are:
s.9. Right not to be subjected to torture or cruel treatment -
Everyone has the right not to be subjected to torture or to cruel, degrading, or disproportionately severe treatment or punishment.
s.10 Right not to be subjected to medical or scientific experimentation -Every person has the right not to be subjected to medical or scientific experimentation without that person's consent.
s.11 Right to refuse to undergo medical treatment -Everyone has the right to refuse to undergo any medical treatment.
23 Rights of persons arrested or detained
(1) Everyone who is arrested or who is detained under any enactment—
(a) Shall be informed at the time of the arrest or detention of the reason for it; and
(b) Shall have the right to consult and instruct a lawyer without delay and to be informed of that right; and
(c) Shall have the right to have the validity of the arrest or detention determined without delay by way of habeas corpus and to be released if the arrest or detention is not lawful.
(5)Everyone deprived of liberty shall be treated with humanity and with respect for the inherent dignity of the person.'
Other relevant stautory provisions include:
'146 Consent to treatment, etc, not affected
(1) No sentence or condition imposed or order made under this Act limits or affects in any way any enactment or rule of law relating to consent to any medical or psychiatric treatment.
(2) Subsection (1) applies except as expressly provided by any other enactment.'
Sentencing Act 2002
(iii) Psychiatric illness:
(iv) Intellectual or psychological disability or impairment:
(v) Any other loss or abnormality of psychological, physiological, or anatomical structure or function:'
Human Rights Act 1993
see s.21-for grounds of unlawful discrimination
Forced psychiatric treatment, under the Mental Health Act, is inconsistent with the right to refuse treatment in section 11 NZBORA. Hillmorton medical staff have been/and are involved in the detainment and forced drugging (and ECT) of patients at Hillmorton, as are staff at other state psychiatric institutions throughout new zealand.
74 Oxford Tce, Christchurch psychiatric emergency
*REPEAL ALL COMPULSORY TREATMENT PROVISIONS IN THE
Room in acute wing of Hillmorton psych. Hospital around 2000.
s.23(5) Everyone deprived of liberty shall be treated with humanity and with respect for the inherent dignity of the person. (NZBORA)