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- Part 2: Key features of a new Act (Chapters 9-12)
PART 2: KEY FEATURES OF A NEW ACT
(Chapters 9 to 12)
Chapters overview
Chapters 9–12 focus on court-ordered arrangements. These are decision-making arrangements that are ordered by the court under which another person or the court makes a decision or decisions for the person with affected decision-making.
Broadly speaking, there are two types of court-ordered arrangements: court-ordered decisions and court-appointed representatives.
- Court-ordered decisions are where the court makes a decision through an order for a person with affected decision-making — for example, that the person live in a rest home or receive medical treatment.
- Court-ordered representatives are people appointed by the court to make decisions for a person with affected decision-making.
Chapter 9 – Court-ordered arrangements
In this chapter, we:
- Provide an overview of court-ordered arrangements under the PPPR Act.
- Summarise the different views on whether court-ordered arrangements should be included in a new Act.
- Explain why we think properly designed court-ordered arrangements are consistent with Aotearoa New Zealand’s human rights obligations.
- Seek feedback on our view that court-ordered arrangements should be included in a new Act.
Chapter 10 – Court-appointed representatives: key features
Chapters 10 and 11 focus on court-appointed representatives. These are decision-making arrangements where the court appoints a person (a ‘court-ordered representative’ or ‘representative’) to make a decision or decisions for another person. Key issues we discuss in Chapter 10 are:
- The nature of the representative’s decision-making role.
- When a representative should make decisions.
- The test for appointing a representative.
- The scope of a court-appointed representative arrangement.
- How to ensure that court-appointed representative arrangements are in place no longer than they need to be and are subject to regular review.
Chapter 11 – Court-appointed representatives: other aspects
In this chapter, we consider some other matters relating to court-appointed representatives. We discuss:
- When a person might have more than one representative and how multiple representatives should act together.
- The test for determining the suitability of a representative.
- Other requirements about who can act as a representative such as whether anyone should be prohibited from acting as a representative, the minimum age requirement to be a representative, and when corporations can act as a representative.
- The powers a representative may need to exercise their decision-making role.
- The duties a representative should owe to the represented person.
- The record-keeping and reporting requirements of a representative.
- Issues relating to the availability of a representative such as what should happen if a person needs a representative and there is no one available, and what should happen if the representative can no longer act during the arrangement.
- Reimbursement and remuneration of a representative.
Chapter 12 – Court-ordered decisions
Under the PPPR Act, the court can make orders that are tailored to particular, often one-off, decisions. The PPPR Act calls these personal orders but we use the term court-ordered decisions.
In this chapter, we consider some options for reform of court-ordered decisions. We discuss:
- The interaction between court-appointed representatives and court-ordered decisions.
- Whether court-ordered decisions should include financial decisions.