Te Aka Matua o te Ture | Law Commission is reviewing how the law should respond when an adult’s decision-making is affected. They are currently consulting on their Preliminary Issues Paper.
Easy Read (PDF): Review of Adult Decision-Making Capacity Law - Easy Read [PDF]
Easy Read (Word): Review of Adult Decision-Making Capacity Law - Easy Read [Word Doc]
NZSL: Review of Adult Decision-Making Capacity Law - NZSL summary
Te Reo Māori (PDF): He Arotake i te Ture mō ngā Huarahi Whakatau a ngā Pakeke [PDF]
Te Reo Māori (Word): He Arotake i te Ture mō ngā Huarahi Whakatau a ngā Pakeke [Word Doc]
There are many things that can affect a person’s decision-making. These can include dementia, acquired brain injuries, learning disabilities and experiences of mental distress.
If an adult’s decision-making is affected, the law may treat their decisions differently. This is based on a concept of ‘decision-making capacity’. If a person is assessed not to have ‘decision-making capacity’, their decision might not have legal effect. Another person might be appointed to make the decision for them.
Many people think the law in this area needs to be reviewed to make sure it works well for people with affected decision-making and for those around them.
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. There's more about the review in this Law Commission press release.
The Preliminary Issues Paper supports the first round of consultation. The Law Commission are inviting submissions on the paper. They want to learn about your experience with current law and practice, and what you think about the big issues and guiding principles.
To find out more and to make a submission see Ngā Huarahi Whakatau - Review of Adult Decision-Making Capacity Law
Submissions are due by 3 March 2023.
Focus group invite
Do you or someone you know have affected decision-making?
The Health Quality and Safety Commission is hosting a focus group so the Law Commission can hear your experiences and views on how the law could be improved.
They are looking for a group of around 10 people who have experienced affected decision-making, or have a whānau or family member who has experienced affected decision-making.
The focus group will be facilitated by the Law Commission and will focus on questions from its current consultation on adult decision-making. The Law Commission is providing a koha of $80 for attendees, by way of a Pressie Card.
The focus group will be held online on 27 February at 6pm – 8pm. Applications for the focus group close on 17 February.
To find out more and apply to take part in the focus group see Health Quality & Safety Commission - Current opportunities.