New mental health law

Since our formation Te Hiringa Mahara - Mental Health and Wellbeing Commission has contributed to policy development to ensure Aotearoa New Zealand has mental health law based on human rights and eliminates coercive practices or reduces them to the greatest extent possible. 

The Health Select Committee was referred a draft Mental Health Bill in October 2024. After hearing public submissions on the Bill, they reported back to Parliament on 17 April 2025. The Bill's second and third reading happened under urgency during the 30 June 2026 sitting session. 

The Governor-General formally signed the bill into law on 9 July 2026. The new Mental Health Act 2026 has a commencement date of 1 July 2028 to give mental health services and other parts of the system involved in the provision of compulsory care time to prepare for the changes required under the new legislation.

Download and read our full submission on the Mental Health Bill (2024) (PDF 284KB)      

Summary of our submission on the Mental Health Bill

The introduction of modernised mental health legislation is a step in the right direction embedding a fully modern human rights framework in our mental health and addiction system. However, more work is needed to guide and promote supported decision making in practice and reform other relevant legislation.

We broadly supported the first half of the Bill that includes updated rights and introduces new roles and arrangements. We supported the provisions in the Bill for promoting people’s own decision-making through advocacy and support roles, arrangements for hui whaiora (well-being meetings), and an ability for people to make their own statements about future care.

We supported the Bill’s introduction of assessment of people’s decision-making capacity as part of new criteria for compulsory assessment and treatment of people recognising that it represents a welcome shift towards a modern supported decision-making legislative framework for specialist mental health care. 

We welcomed the Bill’s express purposes, principles underpinning limited use of “compulsory care”, and its recognition of Te Tiriti o Waitangi. These important changes were included to partially address policy problems of sustained and inequitable use of the current Act.

We recommended key areas for strengthening:

• eliminate seclusion within a specified timeframe 
• ensure court and tribunal decision-making processes reflect best practice approaches
• reduce and eventually phase out community compulsory treatment/care orders *
• increase reporting on how the Act is implemented.

Reducing coercive practices

The policy problem that the new Act is intended to address is well known - issues related to mental health services’ use of coercive practices that are inconsistent with human rights and therapeutic care.

There is persistent inequity in the use of the current Act with higher rates of seclusion and compulsory community treatment for Māori and for Pacific people. The Office of the Director of Mental Health and Addiction Services Regulatory Report 1 July 2024 to 30 June 2025 provides information and statistics relating to the use of compulsory assessment and treatment legislation in Aotearoa New Zealand.

Our System Performance Monitoring 2026 - report recommends that Health New Zealand | Te Whatu Ora publishes a national ‘seclusion’ plan by June 2027 outlining the pathway to eliminate ‘seclusion’.

Shifting to supported decision making

The new Act does not go far enough to enable the shifts in practice we want to see lead to better outcomes for people. The new Act’s second half retains substituted decision-making roles and processes that are largely unchanged from the current Act (such as a responsible clinician and a court hearing as the model for applications and orders for compulsory care).

The implementation of the new Act’s objective to promote supported decision making could be frustrated by the mix of new advocacy and support roles operating alongside the statutory roles retained from the current Act. For example, it is unclear how nominated persons authorised by people subject to compulsory treatment in the new Act will exercise their authority alongside the role of responsible practitioners (responsible clinicians in the current Act).

Implementing the new law

The system needs greater investment in community-based, peer-led and Kaupapa Māori services, alongside housing, social and employment support. Clear pathways to these services can support recovery and reduce or avoid compulsory care.

Realising the new Act’s intent also requires government action on workforce, investment, technology and communication; people-centred services; changes in practice; and action on stigma and discrimination.

* We refer to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD)