The Government has committed to replacing New Zealand's decades-old law governing enduring powers of attorney and supported decision-making. The reforms aim to better protect the rights, wishes and autonomy of people who are unable to make some or all decisions for themselves.
Report by eLocal: Based on reporting by Marc Daalder for Newsroom HERE
The Government has announced plans to repeal and replace the Protection of Personal and Property Rights Act 1988 (PPPR Act) following a comprehensive review by the Law Commission. Justice Minister Paul Goldsmith says the new legislation will establish a rights-based framework that is clearer, more accessible and better reflects modern understandings of supported decision-making.
The proposed reforms relate to adults whose ability to make decisions is affected by conditions such as dementia, traumatic brain injury, learning disabilities or mental distress. Rather than focusing solely on substitute decision-makers, the new framework aims to maximise a person's ability to participate in decisions affecting their own lives wherever possible.
The Law Commission concluded the existing legislation is "confusing and inconsistent" and does not adequately protect the human rights of people with impaired decision-making capacity. It found the current emphasis on decisions made in a person's "best interests" does not always ensure that the person's own wishes and preferences remain central.
One of the most significant proposals is the creation of a new "formal supporter" role. Unlike an enduring power of attorney, a formal supporter would not make decisions on behalf of another person but would instead assist them to understand information, consider options and communicate their own decisions. Supporters would also be able to access relevant personal information where necessary to provide meaningful assistance.
The Law Commission also recommended establishing a voluntary national register of enduring powers of attorney, making it easier to verify whether such arrangements exist and reducing uncertainty when important financial or personal welfare decisions need to be made.
Another recommendation would introduce a clear legal test for determining when a person lacks capacity to make a particular decision. Rather than treating capacity as an all-or-nothing concept, the proposed test recognises that people may require support for some decisions but remain fully capable of making others independently.
Justice Minister Paul Goldsmith acknowledged the Law Commission's review contains 175 recommendations, many of which raise complex legal and operational issues. While the Government has committed to implementing the review's central recommendation by replacing the PPPR Act, detailed policy work will continue during the next parliamentary term.
The reforms have been welcomed by Alzheimers New Zealand, which participated in both rounds of consultation. Board member Clare Hynd said many people living with dementia increasingly lack close family support and would benefit from a legal framework that enables trusted supporters to help them continue making important decisions while preserving their independence for as long as possible.
What Does It Mean?
If enacted, the reforms would represent one of the most significant updates to New Zealand's adult decision-making laws in nearly four decades.
For thousands of New Zealanders living with dementia, acquired brain injuries, intellectual disabilities or other conditions affecting decision-making, the proposed legislation seeks to move away from substitute decision-making towards supported decision-making that better reflects individual rights, autonomy and personal choice.
The Government has committed to replacing the existing law, but the broader package of reforms is expected to be developed during the next term of Parliament.