Mental health legislation in New Zealand from 1846 to date: A discourse analysis

This thesis presents an analysis of the legislation pertaining to mental health in New Zealand dating from 1846 to the present. It is based on discourse analysis (Gee, 2005; Given, 2008; McClosky, 2008; Stevenson, 2004), which is grounded in an historical genealogy (Kendall & Wickham, 1999; Slembrouck, 2006). Mental health problems have probably been around since the birth of humanity. However, legislation around the issue is a fairly recent phenomenon. Historically the gradual trend towards involuntary incarceration ensued from the various laws that came into being in the United Kingdom. A study of those laws is pertinent because the early New Zealand legal system directly mirrored what had been happening in the U.K. Since 1846 there has been a series of legislation enacted in New Zealand that deal with mental health issues. This study focuses on the nomenclature of those laws and their attempts to define what constituted lunacy, mental defect, and latterly mental health. None of those definitions have been totally satisfactory and demonstrate inconsistencies, as well as opposition to other laws. The thesis highlights how these laws have resulted in the taking away of people’s liberties. Furthermore, under current legislation, nurses in New Zealand have become the frontline enforcers of the law, a situation in direct conflict with their role of therapeutic agent. It is argued that the role of officer of the law is a function that should not come under the purview of health professionals, particularly since those laws are more about public safety than patient care, and the fact that most Duly Authorised Officers are nurses is a step too far away for the therapeutic role.

Name thesis:degree_name

Master of Nursing

Level thesis:degree_level

Masters

Grantor

Eastern Institute of Technology

Year dc:date.issued

2010

Author dc:creator

• Ball, Christopher

• New Zealand
• mental health
• legislation
• nurses
• Māori mental health
• discourse analysis

Statement dc:rights

• All rights reserved

Language dc:language.iso

en

Handle dc:identifier.uri

https://hdl.handle.net/10652/6586

OAI identifier oai:identifier

oai:null:10652/6586