Chloe’s experiences with the Mental Health Act

Thoughts on Aotearoa’s mental health law, from the wisdom of lived experience
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Chloe’s experiences with the Mental Health Act

Almost half of all New Zealanders will experience some form of mental distress and/or illness in their lifetimes. Mental distress falls on a continuum, with some experiencing mild to moderate distress and other people having much more severe experiences.  

In Aotearoa New Zealand when a person is believed to not have capacity to make decisions or care for themselves, or to be a risk to their own or someone else’s safety, the Mental Health (Compulsory Assessment and Treatment) Act can be used.  

One New Zealander goes under this law every 46 minutes, which allows practitioners to enforce treatment on people believed to need acute mental health support. 

Chloe shares some of her personal experiences with the Mental Health Act, some of the wisdom she’s gleaned, and her thoughts on the next steps for this law’s change. 

What Chloe experienced 

“I have been sectioned under the Mental Health Act countless times over my 25-year journey with mental illness,” Chloe says. 

“While being under the Mental Health Act I have had inpatient hospital admissions of up to a year in length. One experience that I remember clearly is the first time I was put on a long-term treatment order. This order meant I had to stay in hospital for six months or more. I had a lawyer assigned to me and I had to appear before a judge.  

“At that time, I was 17 years old and had some insight. I knew I needed hospital treatment. However, when treatment decisions were made solely by clinical staff, I felt frightened and scared.  

“This fear escalated knowing nurses had the power to chemically restrain me (by administering sedatives and anti-psychotic medication through intramuscular injections) and/or physically restrain me at any point and potentially put me into seclusion. Seclusion is when someone can be placed in a small room, with no windows and a cardboard toilet with a mattress on the floor. These rooms are locked, and service users can stay within them for up to eight hours at a time.  

“But, if I wanted help I needed to accept these parameters.” 

Chloe’s experiences with the Mental Health Act

 Wanting support, but in a way that upheld human and decision-making rights 

“This situation is paradoxical,” Chloe says. 

“On one hand, power is taken from the service user and given to clinicians, which feels unjust and can be seen as a breach of human rights. It is important to point out that the UNCRPD (the United Nations’ Convention on the Rights of People with Disabilities) states that seclusion is inhumane and an act of torture. However, in the same instance, a person can have some insight into their unwellness and know they need treatment.  

“This results in a tension. This tension occurs when a service user recognises on some level they need help but are frightened, scared and angry that their decision-making rights are being taken away." 

Experiences with the Mental Health Act that people may not know about 

“Another consideration”, Chloe says, “is that many of the psychotropic medications that are forcibly administered have serious physical side-effects. Service users become more mentally well, but at the expense of their physical wellbeing.   

“Additionally, when a person lacks capacity to see their unwellness, it is often thought forcing mental health treatment may bring comfort for family and friends, who may believe that their loved one is receiving the treatment deemed necessary.  

“But, this is not always the case. Some families do not want their loved ones detained under the Mental Health Act, as they see first-hand the long-term physical consequences they endure.” 

What’s happening to the Mental Health Act now?  

“The Mental Health Act is currently being repealed and replaced with new legislation due to become law in 2027,” Chloe informs.  

“In February 2025 the Select Committee (a group of MPs examining the law) heard numerous oral submissions focused on how the legislation should be changed. Recommendations from some lived experience and human rights advocates included ending the use of seclusion, restrictive practices, and community compulsory treatment orders.  

“There was hope from the lived experience community that the new legislation would be transformative. Unfortunately, the voices of many were not heard. There have been small and positive, but ultimately insignificant changes to the draft law, leaving many service users and their advocates disappointed and disheartened.” 

 Final reflections 

“Most people in society would never contemplate what it is like being under the Mental Health Act. I think if more people did know, they would be shocked,” Chloe reflects. 

“Being locked in a mental health unit, with no control over what happens to you and your body, is a truly unique and traumatising experience. Unfortunately, due to my extensive experience of the Mental Health Act, I have had to learn to accept this and find some semblance of peace within that reality.  

“Having said that, going under the Mental Health Act is not the end of the world. In my mental health journey, it has been a law I’ve needed at times and over the years, I’ve found I’ve needed to use it less and less.  

“We are all on our own mental health journeys, and all have times when life is not easy. When I’m feeling distressed, I often reflect that this distress (as so many unpleasant things do in our lives), too, shall pass.”