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  5. Part 3: Systemic improvements (Chapters 16-17)


Chapters overview

Chapter 16 – Practical improvements and oversight

In this chapter, we explore practical ways to ensure the decision-making arrangements in a new Act work effectively. We discuss: 

  • What information, guidance and training might be needed. 
  • Ways to increase the availability of people to act as attorneys and representatives. 
  • Ways to improve oversight of decision-making arrangements, including through complaints and investigation processes and the option of establishing an oversight body. 
  • Ways to include tikanga-focused and Treaty-consistent oversight. 
Chapter 17 – Improving court processes

Court proceedings will be a necessary part of any new Act. In this chapter, we discuss how to improve court proceedings so that they are accessible to the people who use them. We consider: 

  • Ways to increase the participation of the person with affected decision-making in court processes. 
  • Ways to support people who are making an application to court. 
  • Ways to make court processes more socially and culturally responsive. 
  • Whether a new specialist court or tribunal should be established to deal with applications under a new Act. 
  • Whether a new Act should expressly provide for other dispute resolution options, such as mediation. 

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