By Louis Collins
Matt Doocey speaks to the health select committee during a hearing on the Mental Health Bill. Photo: VNP/Louis Collins
When a new government forms a Cabinet and assigns its ministerial roles, it's not uncommon to see brand new portfolios created. This government has created several, including Minister for the South Island (James Meager), Minister Responsible for RMA Reform (Chris Bishop), and Minister for Small Business and Manufacturing (Chris Penk).
Another example is National's Matt Doocey, who is New Zealand's first Minister for Mental Health. He is responsible for the Mental Health Bill, which replaces the Mental Health (Compulsory Assessment and Treatment) Act 1992.
Compulsory treatment, as the name suggests, is when the state gets involved to provide mental health treatment to someone without requiring their consent. According to the Mental Health Foundation a Kiwi comes under that law every 46 minutes.
How we medically treat, and societally view mental health has changed over the past 30 years, and this bill intends to reflect that change with what the bill calls 'modernised' rules around compulsory mental health care.
This bill is included in the larger government response to the Royal Commission of Inquiry into Historical Abuse in State Care and in the Care of Faith-based Institutions.
This week, Parliament's Health Select Committee heard oral submissions from members of the public on the bill, many of whom had first hand experience with compulsory mental health treatment.
Before that though, the Minister in Charge, Matt Doocey, met the committee. Doocey began his time by telling the committee that he thought "mental health is about lived experience," and called the legislation a "once in a generation opportunity".
MPs soon got to hear some of that "lived experience" from the subsequent oral submissions that followed their slot with the minister.
Some submitters were not former patients of compulsory mental health care but had been close to somebody who was.
Louise Allen's daughter Rose died as a result of alcohol-related mental health issues. She shared her experience of feeling "locked out" of the mental health care system.
"Time and again we were told 'we can't share that information, she has to make that choice herself'. But alcohol had already taken that choice from her."
Allen suggested the bill should include more prescriptive provisions for alcohol-related harm, as well as more inclusion of families in the treatment process.
Also sharing their lived experience and expressing frustration with the system was Barry Welsh, who had undergone compulsory care, including being a patient at the infamous Lake Alice Psychiatric Hospital.
"My two-page crisis plan completed by my GP and I had been lodged with the service, but as it turned out, the service had, without my knowledge or consent, cut my plan down to two lines…
"Without the valuable information that was in the two-page plan, the crisis team did not respond appropriately to requests for help from my wife and my sister when I was very unwell."
Welsh blamed this lack of information for a nearly six-month inpatient stay, which he described as nearly costing him his job and his life.
Labour's Ingrid Leary Photo: VNP/Louis Collins
Welsh was asked by Labour's Ingrid Leary what he thought about using assertive outreach, in which a patient would be entitled to access mental health care, but would not be forced to do so.
Welsh told Leary that, ideally, support plans would be in place to help people transition from compulsory care.
"Ideally we wouldn't need [compulsory care plans], ideally we wouldn't need seclusion, ideally we wouldn't need a Mental Health Act. It's not an ideal world… ideally we wouldn't have serious mental illness."
For any bill, the sharing of personal experiences and anecdotes by the public is where the submission process really shines. Not only do they humanise a written submission, they have the potential to bring legislative intentions to life, giving lawmakers a glimpse of the effect of policy on everyday New Zealanders.
The Health Committee continues to consider the Mental Health Bill and will report back to the House by 23 April.
RNZ's The House, with insights into Parliament, legislation and issues, is made with funding from Parliament's Office of the Clerk.
