ABSTRACT
This chapter discusses aspects of community care in New Zealand, the theoretical assumptions on which it is premised, together with some of the obstacles that have been identified and the manipulation of the law to overcome them. Community care gained popularity in the 1960s as developments in psychotropic medication led to the possibility of people with mental illness remaining in the community while receiving treatment. Legally the right to community care may be seen as having its derivation in a generic right to health. For the principles in international instruments to be effective, they must be translated into domestic legislation so they can be enforced. The statutory regime governing community care in New Zealand is not limited to the mental health legislation. A number of other laws complement the specific provisions in the Act. Opponents of community care argue their case from widely divergent positions.
