Mental Defectives Act Forms




Feb. 29.] THE NEW ZEALAND GAZETTE. 893

Name of medical practitioner to certify first certificate :

Name of medical practitioner to certify second certificate :

Excerpts from the Mental Defectives Act, 1911.
(Sections 2, 12, and 125.)

  1. “Mentally defective person” means a person who, owing to his mental condition, requires oversight, care, or control for his own good or in the public interest, and who according to the nature of his mental defect and to the degree of oversight, care, or control deemed to be necessary is included in one of the following classes :—

Class I.—“Persons of unsound mind”—that is, persons who, owing to disorder of the mind, are incapable of managing themselves or their affairs.

Class II.—“Persons mentally infirm”—that is, persons who, through mental infirmity arising from age or the decay of their faculties, are incapable of managing themselves or their affairs.

Class III.—“Idiots”—that is, persons so deficient in mind from birth or from an early age that they are unable to guard themselves against common physical dangers and therefore require the oversight, care, or control required to be exercised in the case of young children.

Class IV.—“Imbeciles”—that is, persons who though capable of guarding themselves against common physical dangers are incapable, or if of school age will presumably when older be incapable, of earning their own living by reason of mental deficiency existing from birth or from an early age.

Class V.—“Feeble-minded”—that is, persons who may be capable of earning a living under favourable circumstances, but are incapable from mental deficiency existing from birth or from an early age of competing on equal terms with their normal fellows, or of managing themselves and their affairs with ordinary prudence.

Class VI.—“Epileptics”—that is, persons suffering from epilepsy.

  1. (1.) A medical certificate given under section 5 hereof shall not be signed by any of the following persons :—

(a.) The applicant for the reception-order :

(b.) The Superintendent, Medical Officer, or licensee of the institution into which (if granted) the reception-order would authorize the person alleged to be mentally defective to be received :

(c.) The householder of the house into which (if granted) the reception-order would authorize the person alleged to be mentally defective to be received as a single patient :

(d.) The husband or wife, father or father-in-law, mother or mother-in-law, son or son-in-law, daughter or daughter-in-law, brother or brother-in-law, sister or sister-in-law, or the partner, principal, or assistant of any of the persons mentioned in paragraphs (a), (b), or (c) of this subsection, or of the person alleged to be mentally defective, or the guardian or trustee of that person :

(e.) An Inspector or Official Visitor under this Act :

(f.) Any person by whom the reception-order is made.

(2.) Neither of the persons signing any such medical certificate shall be the father or father-in-law, mother or mother-in-law, son or son-in-law, daughter or daughter-in-law, brother or brother-in-law, sister or sister-in-law, husband or wife, or the partner, principal, or assistant of the other of them.

  1. Every medical practitioner who wilfully makes any false or misleading statement in any certificate under this Act, and every person who signs any certificate under this Act in which he describes himself as a medical practitioner, not being such within the meaning of this Act, commits an indictable offence.

[Form No. 3.

ORDER FOR RECEPTION IN INSTITUTION.

New Zealand.—In the Magistrate’s Court at .

In the matter of the Mental Defectives Act, 1911; and in the matter of an application by [Full name, occupation, and address of applicant] for an order for the reception and detention under the said Act of [Full name, occupation, and address], a person alleged to be mentally defective.

WHEREAS on the day of , 191 , an application, dated the day of , 191 , by a , of , was presented to me, the undersigned Stipendiary Magistrate, for an order that [Full name, occupation, and address] be received and detained in an institution under the Mental Defectives Act, 1911 : And whereas I have examined the said [Full name] at , and for the purpose of further inquiry have called to my assistance , of , and , of , being medical practitioners registered in New Zealand, and not prohibited from signing a certificate for the purposes of the said Act by the provisions of section 12 thereof or otherwise : And whereas the medical practitioners aforesaid are of opinion that the said is mentally defective, and requires detention as such; and have respectively signed and delivered to me certificates to that effect, dated respectively the day of , 191 , and the day of , 191 : And whereas I am satisfied that the said is mentally defective and requires detention :

Now, therefore, I do hereby order that the said be received and detained as a mentally defective person in , being an institution for the reception and detention of mentally defective persons under the said Act; and I do hereby authorize and appoint you [Full name, occupation, and address] to take the said and to deliver him [her] forthwith to the Superintendent of the institution hereinbefore referred to, together with this order and such other documents as are required by the said Act to be delivered to the said Superintendent.

*Dated at , this day of , 191 .
, Stipendiary Magistrate.

  • No reception-order shall be made after the expiration of seven days from the date of the medical certificate bearing the earlier date.

NOTE.—Where an order is made by two Justices of the Peace in pursuance of section 13, this form should be modified to suit the circumstances of the case, and a recital added to the effect that to the best of their knowledge and belief there is at the time of the making of the order no Magistrate within ten miles of the place where it is made who is able to make it.

[Form No. 4.

ORDER FOR RECEPTION OF SINGLE PATIENT.

New Zealand.—In the Magistrate’s Court at .

In the matter of the Mental Defectives Act, 1911; and in the matter of an application by [Full name, occupation, and address of applicant] for an order for the reception and detention under the said Act of [Full name, occupation, and address], a person alleged to be mentally defective, in the house of [Name of householder], situate at .

WHEREAS on the day of , 191 , an application, dated the day of , 191 , by , of , was presented to me, the undersigned Stipendiary Magistrate, for an order that [Full name, occupation, and address] be received and detained in the house of [Full name, occupation, and address of householder], situate at , as a single patient under the Mental Defectives Act, 1911 : And whereas I have examined the said [Full name of person alleged to be mentally defective], at , and for the purpose of further inquiry have called to my assistance , of , and , of , being medical practitioners registered in New Zealand, and not prohibited from signing a certificate for the purposes of the said Act by the provisions of section 12 thereof, or otherwise : And whereas the medical practitioners aforesaid are of opinion that the said is mentally defective and requires detention as such, and are further of opinion that it would be safe and convenient that the said person be received and detained as a single patient instead of in an institution under the said Act : And whereas the said medical practitioners have respectively signed and delivered to me certificates, dated respectively the day of , 191 , and the day of , 191 , and have set forth therein their opinions as hereinbefore recited : And whereas I am satisfied that the said is mentally defective and requires detention : And whereas I have examined the said [Name of householder], and am satisfied that he is a proper person to have charge of the said , and that his house and its surroundings are suitable for the reception and detention of the said person :

Now, therefore, I do hereby order that the said [Name in full] be received and detained as a mentally defective person in the house of [Full name, occupation, and address], situate at ; and I do hereby authorize and direct you [Full name, occupation, and address] to take the said and to deliver him [her] forthwith to [Full name of householder], at his house, situate at , together with this order and such other documents as are required by the said Act to be delivered to the householder aforesaid.

*Dated at , this day of , 191 .
, Stipendiary Magistrate.

  • No reception-order shall be made after the expiration of seven days from the date of the medical certificate bearing the earlier date.

NOTE.—Where an order is made by two Justices of the Peace in pursuance of section 130, this form should be modified to suit the circumstances of the case, and a recital added to the effect that to the best of their knowledge and belief there is at the time of the making of the order no Magistrate within ten miles of the place where it is made who is able to make it.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1912, No 19





✨ LLM interpretation of page content

🏥 Medical Certificate under the Mental Defectives Act, 1911 (continued from previous page)

🏥 Health & Social Welfare
Mental health, medical certificate, examination, mental defect, treatment

🏥 Excerpts from the Mental Defectives Act, 1911

🏥 Health & Social Welfare
Mental health, legal definitions, mental defect, classification

🏥 Order for Reception in Institution

🏥 Health & Social Welfare
Mental health, reception order, institution, detention

🏥 Order for Reception of Single Patient

🏥 Health & Social Welfare
Mental health, reception order, single patient, detention