It has been a year since the Health Select Committee reported on the proposed Mental Health Bill, which is intended to modernise Aotearoa’s system. However, Mental Health Minister Matt Doocey told Te Ao Māori News, the delay has been because the Government has “a lot of legislation that needs to be passed. All Bills need to be weighed against other competing Government priorities.”
He stated the Bill is still a priority and is expected to be delivered to Parliament before the end of 2026.
Advocates warn that the delay in replacing the 1992 Mental Health Act is fueling a rise in Māori overrepresentation. This comes as the Ministry of Health data shows Māori continue to be placed under compulsory treatment at significantly higher rates than non-Māori.
The 1992 Mental Health Act: Compulsory Care Rates and Proposed Reform
Under the current 1992 Act, clinicians can enforce treatment based on a “mental disorder” diagnosis. The proposed Bill aims to shift this threshold to focus on a person’s “decision-making capacity.”
If passed, compulsory care would only be used if a person has a serious condition, poses a risk of harm, and is unable to make informed decisions about their own care.
The Ministry of Health figures use a standard measurement of rates per 100,000 people to compare both Māori and non-Māori groups during each stage of forced treatment.
The data reveal that during the initial five-day compulsory treatment, there were 242 Māori compared to 99 non-Māori. As patients move through the 14-day extension stage, that gap continues with 221 Māori compared to 87 non-Māori. By the final stage involving court oversight, the disparity remains high, with 160 Māori compared to 60 non-Māori.
Advocates Warn Delays in Mental Health Reform Fueling Inequity
Maraea Johns, the Director of Māori Health from Te Hiringa Mahara, says these figures reflect a long-standing imbalance. She notes that while Māori make up 17% of the total population, they account for 55% of those experiencing seclusion and compulsory care.
“Kāore e tika ana i tērā” says Johns.
Mental health advocate Kerri Butler, who has been involved in the reform process since 2022, warns that the delay is worsening the situation. She noted that compulsory treatment rates have continued to rise during the wait for new legislation.
“The real risk is that we will see an extreme increase in inequity for Māori,” Butler said.
Te Hiringa Mahara has called for the Bill to be progressed this year, warning that further delays could jeopardize the planned July 2027 rollout of the new system. The agency stated that thousands of New Zealanders have already provided input through national inquiries and are waiting for a system that reduces reliance on coercive practices.
The government has indicated the Bill should be delivered to the House by late 2026, with full implementation still targeted for mid-2027.
