Held in memory of the late Judge Recordon

Restocking your kete: practising well in the Mental Health Court

A practical discussion about the methodology, resources, techniques, and training available to assist lawyers in best representing their clients.

From substitute decision-making to supported decision-making 

The committee of the Convention of the Rights of People with Disability (CRPD) guidance on Article 12 of the Convention requires the abolishment of substitute decision-making (where others make decisions on behalf of people with experience of disability as is made possible by mental health legislation, for example). A major criticism of this significant change is that mental health professionals would no longer have the means to prevent people with psychosocial disabilities from progressing to harm themselves or others. What needs to be firmly understood is that the abolishment of substitute decision-making does not equate to the abandonment of support. It just requires a different type of support being provided. Sarah Gordon will speak to the most recent developments where substitute decision-making has been abolished, the practice approaches that are being used in its place, and the resulting outcomes.

Strategic Litigation and Mental Health Law

Just as existing mental health legislation (covering detention, welfare and criminal matters) interfaces with the human rights framework, so will any new legislation. In this context, it is worth noting that strategic litigation to secure a more rights-compliant approach is an established part of the constitutional framework in Aotearoa New Zealand (recent examples being J v Attorney General and Gordon v Attorney General). Kris Gledhill will outline some of the main recent developments in understanding what a rights-compliant mental health law should look like so as to provide a framework to assess the expected changes to mental health legislation and ideas as to strategic litigation challenges that might be considered.

Getting future-ready: panel

Learning Outcomes

In respect of mental health and disability law:

• Refresh and update your knowledge of the methodology, resources, techniques, and training available to assist lawyers in best representing their clients.
• Become apprised of recent developments where substitute decision-making has been abolished, the practice approaches that are being used in its place, and the resulting outcomes.
• Garner a better understanding of some key recent developments in respect of what a rights-compliant mental health law should look like, so as to provide a framework to assess the expected changes to legislation and ideas as to strategic litigation challenges that might be considered.
• Benefit from a panel discussion on getting future-ready.

Who Should Attend?

Anyone involved, or wanting to become involved in, mental health and disability law.

Learning Outcomes

Presenters

Her Honour Judge Morrison
Dr Kris Gledhill | Professor, AUT Law School
Associate Professor Sarah Gordon | Lived Experience Academic, Te Huataki Waiora - School of Health, University of Waikato | Te Whare Wānanga o Waikato
Rosaline Fuata'i | Barrister/Mediator and District Inspector for Auckland and Northland  (panellist)
Rosemary Thomson | Barrister, Arney Chambers and District Inspector for Auckland (panellist)

Chair

Andrew Molloy | Senior Advisory District Inspector for Mental Health and for Intellectual Disability