Hunters

     COONEY

LEESAND

MORGAN

SJ Ryan

BAK28500/001

Tauranga Office

28th April 1993

Mr M. Baker
42 Spencer Ave
MAKETU 3070

Dear Mr Baker

RE HEALTH MATTERS

Thank you for your recent letter enclosing payment of your account.

We enclose for your information a copy letter received from the Bay of Plenty Area Health Board concerning your appointment with Dr Short for review of your Community Treatment Order Status.

With reference to your recent inquiry as to the rights of a patient to a second opinion, we advise that S.69 of the Mental Health Act 1992 provides that "every patient is entitled to seek a consultation with a psychiatrist of his or her own choice, and if the psychiatrist agrees to the consultation, he or she shall be permitted access to the patient upon request".
Basically this section provides that a patient is entitled to seek independent advice, which advice could include obtaining a second opinion if the psychiatrist agrees to the consultation.

We note generally that S.64 of the Mental Health Act 1992 provides that every patient is entitled to be kept informed of his or her rights as a patient.
You are further entitled to receive a written statement of your rights as a patient from the Hospital Board. The legal rights that you have on the review of your Community Treatment Order Status is set out at paragraph 11 of our letter of 26th March 1993. This includes an appeal process to a Review Tribunal, and if necessary, to a Judge of the District Court. We trust this is of assistance.

Yours faithfully
COONEY LEES & MORGAN

(Signed)

Stuart Ryan
Encl
21/77/gmw/1p