HEALTH ORGANISATIONS UNITED: PUNISHMENT IS NOT THE ANSWER TO MENTAL HEALTH CRISES

The Mental Health Foundation, Platform Trust, the Royal Australian and New Zealand College of Psychiatrists, and the Public Health Association of New Zealand, are seriously concerned about the Crimes Amendment Bill 223-1 (2025) and together we share a message: punishment is not the answer. Prevention is.

"This Bill treats system failure as an individual crime. It penalises people experiencing mental health crises instead of addressing the real problem - responders being sent into situations that require specialist mental health expertise."

Evidence from Australian jurisdictions indicates that enhanced criminal penalties do not reduce incidences of violence against first responders.

Health-led approaches are more effective at reducing harm, including multidisciplinary co-response teams with mental health specialists attending crisis callouts, de-escalation training for first responders, and culturally safe crisis services.

Our organisations are united in calling for:

  • Reject the assault on the first responders' provisions

  • Invest in a nationally cohesive, networked crisis response system

  • Mandate comprehensive mental health crisis training for all first responders and correction staff

  • Fund kaupapa Māori crisis services and culturally safe responses

  • Ensure adequate staffing so responders aren't working beyond capacity

  • Resource community mental health services to prevent crises before they escalate

"We need age-appropriate spaces for youth and older people, detoxification services with mental health expertise, crisis respite alternatives to emergency departments, peer support workers embedded throughout services, and outreach teams that maintain connection with vulnerable people".

People may experience acute illness and engage in harmful behaviour during a crisis yet make a full recovery with appropriate treatment. Applying criminal penalties in such circumstances can trap people in the criminal justice system long after recovery and may impede rehabilitation when what is required is skilled crisis intervention and therapeutic care.

The Bill will also disproportionately harm Māori, who are over-represented in compulsory mental health treatment, police interactions with force, and the criminal justice system. It will compound existing inequities rather than address them.

"We agree that the safety of frontline responders is essential and that ensuring their health and safety not only protects their individual wellbeing but also maintains the reliability and effectiveness of the essential services our communities depend on.

“However, criminal law is the wrong tool. It responds after harm occurs. It does nothing to protect first responders in the moment. We urge the Justice Committee to reject these provisions and instead invest in evidence-based crisis response that protects everyone — first responders, tāngata whai ora, and whānau."

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