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  5. Part 2: Key features of a new Act (Chapters 9-12)

(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. 

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