Story by Matthew Tukaki
New Zealand Law Commission is recommending sweeping reform of the country’s adult decision-making laws, calling for new legislation to replace the decades-old Protection of Personal and Property Rights Act 1988.
The Commission’s report, He Arotake i te Ture mō ngā Huarahi Whakatau a ngā Pakeke | Review of Adult Decision-making Capacity Law, concludes that the current framework does not adequately protect or promote the autonomy, dignity and equality of adults with affected decision-making capacity.
The Protection of Personal and Property Rights Act 1988 governs enduring powers of attorney, welfare guardians and property managers. However, it was enacted before Aotearoa ratified the United Nations Convention on the Rights of Persons with Disabilities.
The Law Commission says the Act’s emphasis on best interests has often resulted in paternalistic outcomes, where a person’s own wishes and preferences can be sidelined. The legislation also does not explicitly recognise supported decision-making – a key principle under the Convention – and has been criticised internationally for failing to sufficiently respect individual autonomy.
The report also identifies the current law as confusing and inaccessible for many families and professionals navigating decision-making arrangements.
The Commission makes 175 recommendations for a new Act designed to modernise the framework and better align it with international human rights obligations.
Central to the reform proposal is shifting the focus from substitute decision-making toward supported decision-making wherever possible.
A new Act would:
- Protect and promote the equality, dignity and autonomy of people who require decision-making support or lack capacity for some decisions.
- Give effect to New Zealand’s obligations under the Convention on the Rights of Persons with Disabilities.
- Continue to allow court-ordered decisions and representative arrangements, but with significant reform to how they operate.
- Make decision-making support a core feature of the law.
One key proposal is the introduction of a formal supporter role, enabling individuals to appoint someone to assist them to make their own decisions rather than having decisions made on their behalf.
Where substitute decision-making remains necessary, the Commission recommends three core rules: decisions must centre on the person’s wishes and values, ensure the person receives support and the opportunity to participate, and be based on relevant information.
The recommendations also state that those exercising powers under the new Act should take tikanga into account where relevant.
The report calls for improved oversight and clearer guidance. It recommends establishing a voluntary register for enduring powers of attorney, allowing people to record the existence and location of their arrangements.
It also proposes enhanced complaints mechanisms and clearer guidance around the roles of representatives and formal supporters.
The Commission engaged widely in developing its recommendations, consulting with people with lived experience of disability, whānau, carers, legal professionals, advocacy groups and government agencies.
The Government will now consider the Commission’s recommendations and determine whether to introduce new legislation.
If enacted, the proposed reforms would mark one of the most significant changes to adult decision-making law in decades, shifting the legal framework toward one that prioritises agency, participation and human rights.
The report signals a clear direction: modern law should empower people to make their own decisions wherever possible, with support structures that enhance – rather than replace – their voice.
This story was first published by waateanews.com
