Te Aka Matua o te Ture | Law Commission is reviewing how the law should respond when an adult’s decision-making is affected. Consultation on our Preliminary Issues Paper closed on 3 March 2023. There will be a second issues paper, and consultation, later this year.
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.
The full scope of our review is in our Terms of Reference.
Our Preliminary Issues Paper provided some information about the current law and practice, and asked some questions about people’s experiences and views on some key issues. It did not go into detail about the current law or consider every issue or area of law.
You can select the links to read the Preliminary Issues Paper or our shorter Summary document. The Summary contains information from our Preliminary Issues Paper.
Consultation on the Preliminary Issues Paper closed on 3 March 2023. The feedback we have received will help us develop options to improve the law.
Blind Citizens NZ is coordinating the availability of Large Print, Braille and Audio copies of the Summary. You can contact Blind Citizens NZ directly via email: admin@abcnz.org.nz, phone: 04-389-0033 or freephone: 0800-222-694
Each webinar provided a short overview of this review and the consultation, answered some common questions, and provided information about how you could have your say.
We had simultaneous New Zealand Sign Language (NZSL) interpreting during the webinars.
Recordings of both webinars are available at the links below.
We held our first webinar on 7 December 2022. Watch a recording of the first webinar here.
We held our second webinar on 20 January 2023. Watch a recording of the second webinar here.
Please note that the content of these two webinars is largely the same. The only significant difference is in the questions responded to at the end of the webinars. The questions start at 24:00 of the December webinar, and 25:25 of the January webinar.
Te Aka Matua o te Ture | Law 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.
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 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.
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.
The scope of Te Aka Matua o te Ture | Law Commission’s review is set out in our Terms of Reference.
Te Aka Matua o te Ture | Law Commission launched this review with the publication of its Terms of Reference in October 2021.
We will carry out a second round of public consultation later in 2023. This will be supported by a longer consultation document that will address the current law in more detail and propose some options for reform.
After our second round of consultation, we will prepare our final report. This will recommend to the Government how the law should be reformed in this area. We intend to provide our final report to the Minister of Justice by 30 June 2024.
Te Aka Matua o te Ture | Law Commission is committed to consulting the public in our review.
We published our Preliminary Issues Paper in November 2022. Consultation on that paper closed on 3 March 2023.
We will carry out a second round of public consultation in 2023. This will be supported by a longer consultation document that will address the current law in more detail and propose some options for reform.
You can subscribe to receive updates on this review, including opportunities to be involved.
If you have any questions, need assistance or wish to raise an accessibility issue, please contact us:
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