New Zealand laws relating to adult decision-making capacity are being reviewed by Te Aka Matua o te Ture | Law Commission.
The main law under review is the Protection of Personal and Property Rights Act 1988. This act sets out decision-making arrangements which can apply when someone does not have decision-making capacity, such as enduring powers of attorney, welfare guardians and property managers.
The commission says their review includes:
- Whether the law should continue to provide for the current decision-making arrangements and any changes to those arrangements.
- Whether the law should recognise and provide for any other decision-making arrangements.
- What the safeguards and accountability mechanisms should be.
What’s the role of Te Aka Matua o te Ture | Law Commission?
The commission is an independent state agency that provides law reform advice to the Government.
“Our independence makes us different from many state sector agencies. The Government does not direct how we carry out our work or the recommendations we make,” the commission says.
“We approach each law reform task with an open mind, undertake research and engagement, and consider the broader policy context. We then make recommendations to the Government to improve the law. These recommendations are published in a report to the Minister of Justice.
“The Minister must present our report to Parliament. The Government decides whether and how it will change the law.”
Why is the review taking place?
The Law Commission says: “There has been increased recognition of the human rights of disabled people and a shift towards supporting people to make their own decisions.
“There has also been increased recognition that the law in this area does not adequately take into account te Tiriti o Waitangi, te ao Māori or the multi-cultural nature of Aotearoa New Zealand.
“As well, our population is changing.
“Aotearoa New Zealand has an increasingly aging and culturally diverse population.
“In light of these developments, the Minister of Justice has asked Te Aka Matua o te Ture | Law Commission to carry out a review and make recommendations to improve the law.”
What’s happened so far?
The commission published a Preliminary Issues Paper in November 2022.
Consultation on that paper closed on March 3, 2023.
What’s next?
The commission is consulting on its Second Issues Paper. This looks at the current law in detail, and suggests possible options for reform.
Submissions on the Second Issues Paper close at 5pm on Friday June 21, 2024.
The commission will provide its final report to the Minister of Justice in early 2025.
How to have your say
First, we recommend you visit the commission’s website for more detailed suggestions on how to make submissions.
You can submit your views on the full Second Issues Paper or make a submission only on the Key Topics.
These submissions can be made online (see links below), or download and complete a submission form in MS Word.
How to make a submission on the Second Issues Paper
How to make a submission on the Key Topics
Main photo by Sergey Zolkin on Unsplash
He aha te mea nui o te ao? He tāngata! He tāngata! He tāngata!
What is the most important thing in the world? It is the people! It is the people! It is the people!
