Initiating the Act

How can compulsory treatment be initiated under the ADA Act?

ADA Act procedures for compulsory treatment are usually initiated in one of two ways:

• A voluntary application for committal (section 8)

• An involuntary application for committal (section 9).

Two ways the ADA Act can be initiated

The following points apply to both types:

• Applications are made through the District Court or Family Court and proceedings are conducted in private. The person being considered for committal has the right to challenge an application and give evidence including calling witnesses and being represented by a solicitor or counsel.

• The Court generally takes into consideration that the person’s alcohol or other drug use is a serious threat to their health, causes harm, suffering or serious annoyance to others, or stops the person looking after themselves.

• Applications cannot proceed without consulting the institution where the person will receive treatment, i.e. a place at the institution must be arranged before an application can proceed.

• No Court fees are payable for any application (section 35).

Important notes:

• Treatment institutions are not secure units, i.e. people are not locked up when in treatment.

• The process of committal is not quick; there are a number of steps to work through and this can take time. When treatment facilities are full the waiting time can vary.

• Availability of treatment places depends on where in New Zealand the person is living. Community Alcohol and Drug Services (CADS) or other Alcohol and Other Drug (AOD) agencies can provide information and support. For information about CADS and other agencies in your area see www.addictionshelp.org.nz.

• CADS and other agencies can also assist with exploring other treatment options (i.e. options that do not require committal). CADS provide services free of charge.

• The ADA Act is considered by many to be outdated and is currently under review.