IR-01-25-34396
3 October 2025
Olivia Boersma
[FYI request #32331 email]
Tēnā koe Olivia
Request for information
Thank you for your Official Information Act 1982 (OIA) request of 17 September 2025.
You asked for information regarding Police and Mental Health.
My response to each part of your request can be found below.
1.
What is the Police Procedure for a Welfare Check?
Any member of the public can request that police conduct a “welfare check” in a range of
different situations, such as checking on a homeless person, checking on an elderly
person not seen at an address, and being asked to find a person whom someone has
concerns about – but not a missing person.
These requests are primarily made through calls to 105 or 111 where they are then
triaged as to whether the request is an emergency or not, and a patrol car assigned as
applicable. If it is not an emergency, Police determine if another agency may be more
suitable to respond, such as emergency housing.
The procedure for conducting welfare checks is due to be “reshaped” in phase four of the
Police Mental Health Change Project and no decisions have been made on what it will
look like. Phase four is due to be implemented in 2026.
2.
Police Procedure if persons are in distress during a Welfare check but person
refuses to corporate with Police?
Situations can vary greatly, for example, a person may refuse but Police have no legal
powers or capabilities to do anything, or a person may refuse but Police are acting under
directions of a Duly Authorised Officer, the person may be in public or in a private
residence. I have attached two Manual Chapters which detail current operational
guidance on a range of situations.
3.
Detainment and arrest procedures under Mental Health Compulsory Assessment
and Treatment Act and whether detainment under this section gives Police authority
to lay criminal charges for non-compliance?
Police cannot arrest under the Mental Health Compulsory Assessment and Treatment
Act. They can only detain a mentally disordered person. This is done primarily under
Section 109 or Section 41 of the Act.
There are no criminal charges for non-compliance. However, if a person detained under
the Act assaults police or similar during the detainment, there is the option to charge the
person for those offences. This is rare and only exercised in serious assault cases.
4.
Training material in respect to the above.
You wil find the attached manual chapters most useful here.
Please note that as part of its commitment to openness and transparency, Police
proactively releases some information and documents that may be of interest to the
public. An anonymised version of this response may be publicly released on the New
Zealand Police website.
I trust this information is satisfactory in answering your request. If you are not satisfied
with the way I have responded to your request, you have the right to seek an investigation
and review by the Ombudsman. Information about how to make a complaint is available
at
www.ombudsman.parliament.nz or freephone 0800 802 602.
Nāku noa, nā
Andrew Mortimore
Director: Prevention
New Zealand Police