Drugs alcohol and mental health

Question 1

s20 Warrantless search for drugs

Answer 1

Not practicable to obtain warrant and
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- controlled drug in/on place or vehicle; and
- if entry not effected then CADD

Question 2

s21 Warantless power to search people found in places or vehicles for drugs

Answer 2

If s20 used, may search people.

Unless impractical, obtain approval from Sgt or higher before exercising warantless searches

Question 3

Hazardous substances / new organisms act. What is hazardous

Answer 3

Explosive
Flammible
Oxidises
Corrosive
Toxic
Eco toxic
(or on contact with air or water becomes above)

Question 4

Hazardous substances / new organisms act. What is a new ORGANISM

Answer 4

New species not in NZ before 1998
Risk species to NZ
Genetically modified organism
Organism with containment approval

Question 5

Hazardous substances / new organisms act. What is an EMERGENCY

Answer 5

Actual or imminent danger to human health or safety; or

Danger to environment / property requiring immeadite action to remove

Question 6

Hazardous substances / new organisms act. What are Declaration of emergency powers

Answer 6

Where there is an emergency and no emergency has been declared, can;
- enter any permises /dwelling
- remove cause of emergency
- stabilise the situation (destroy any property)
- proect H&S of people/property
- remove or prevent people on property

Question 7

Hazardous substances / new organisms act. When does an emergency cease

Answer 7

After 48 hours or
Declaration of Civil Defence, FENZ, Biosecurity

Question 8

What is the objectivce of the Sale and Supply of Alcohol Act

Answer 8

Sale, supply , consumption should be safe and responsible and harm should be minimised

Question 9

Sale and Supply of Alcohol Act. Define harm

Answer 9

crime, damage, death, disease, disorder, illness, injury
DIRECTLY or INDIRECTLY; AND
Harm to society in general

Question 10

Sale and Supply of Alcohol Act

Power of entry - licenced premises

Answer 10

May enter at a reasonable time to inspect and ensure compliance; or
RGB offence against AA committed.

May require licence, book etc required by act to examine or copy
- licensee/mgr to provide infom or assistance for licensee duties

Question 11

Breach of alcohol act

Answer 11

RGS offence may:
- require person to produce their particulars and if you suspect they have provided false details they should provide evidence
-
- failure - may arrest

Question 12

Mental Health. What is a mental disorder

Answer 12

Abnormal state of mind by mood, delusions, perception, cognition -

which poses serious danger to H&S of anyone; AND

seriously diminishes their capacity to take care of themselves.

Question 13

Who can request DAO for a person suffering a mental disorder

Answer 13

Anyone.
DAO must determine
- if concerns are genuine
- RGB person suffering mental disorder-
- decide is exam in required.

Question 14

If an examination is required, but not urgent, what must the DAO do?

Answer 14

• arrange a MH practitioner to examine with view to issue s8 cert
• once s8 cert is issued, assist in application for assessment

Question 15

If a MH examination is urgent, what must the DAO do?

Answer 15

Get a MH practitioner ro come to examine person with view to s8 cert

Call for police assistance to get person to MH Unit for assessment.

Question 16

s40 Assisting returning a patient to assessment or treatment

Answer 16

If person subject to Community Treatment Order refuses to attend / is an impatient and is absent without leave:

DAO may take steps to take patient back to place they are required and may call upon assistance of police

Police may enter and detain (max 6 hrs or time it takes for exam) and take to place for exam.

Question 17

Mentally disorders person in p/place

Answer 17

May take to Hospital/station/appropriate place and arrange a MH practitioner to examine.

If MH practitioner says not mentally disordered - must release.
If disordered, s8 cert

Question 18

Mental Health and use of force

Answer 18

Use such force as reasonably necessary (record and provide copy to MH service asap)

Question 19

MOU. Police and Min of Health

Answer 19

• Police transport and use of force
• DAO is the official in charge of any incident requiring MH Act and response from police.
• assessment least restrictice environment possible (home best choice)
• Intoxication should not deleay a MH assessment

Question 20

Mental disorders does not include

Answer 20

Beliefs (policical, religious, cultural)
Sex prefs
Crim behaviour
Substance abuse
Intellectual disability

Question 21

Entering a home for Mental Health

Answer 21

• Power of entry limited to assisting DAO
• Can’t take person if refusing to attend unless a notice has been issued by health professional and explained to patient.
• If force used more than minimal - TOR

Question 22

Police station as clinic for MH

Answer 22

Only use as a last resort

If asked to take a person to station, NOT oblidged to do so, can advise DAO patient can be taken to Hospital or other facility.

If person is violent and hospital doesn’t have a bed, use station as last resort.

Question 23

What is themaximum duration for detention for MH

Answer 23

6 hours and must BOR for detention

Question 24

What to do if DAO isn’t present after they request assistance

Answer 24

If not urgent, decline to assist. Police should not routinely be involved in applications for compulsory assessment.

May act on verbal request from DAO (phone call) to transport person to place for exam/assessment

Can help Dr admin drug (restrain) if they are a danger to themselves/others.

Question 25

Mentally disordered persons wandering at large

Answer 25

Power to apprehend s109 if in interest of person or public to do so.

Question 26

Mentally disordered persons on private property

Answer 26

No power to enter under MH Act unless DAO or MH Prac requests.

TENR - can enter private property

(s14) if risk to life/safety requiring emergency response.

Warrantless entry is RGS will stop/prevent offence being committed that may injure a person or damage property

s7 Can enter to arrest person U/L at large (eg inpatient order)
Power of entry is firearm involved also s41 prevent suicide.