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Published 19 April 2024

Our Government asked the Law Commission to take another look at the law around adult decision-making capacity, and they want your thoughts too. 

Te Aka Matua o te Ture – Law Commission is an organisation that takes another look at laws that already exist. It uses what it finds out to tell the Government how to make the law better. 

Some people find it hard to make decisions about their own lives for all kinds of reasons. Lots of people in our disability community feel there needs to be some changes to this law that decides what should happen when this is the case. 

The first part they're looking at is the 'Protection of Personal and Property Rights Act 1988.' People who want it to change say that this Act doesn't support the Enabling Good Lives principle of Self-Determination. They're asking for a new law which gives the person who the decision is about, more say in what happens. 

In 2022 the commission asked our community for what the current problems are with the law. Last year they put together a summary of what they found.

This year they're sharing what they found and asking for your thoughts on how the law could be better. 

The four main area's they're looking at are:

  1. Who is appointed by the law to represent people
  2. How people can get more support to make their own decisions
  3. What enduring powers of attorney looks like
  4. What improvements can be made to the law and processes

Take a look at the Second Issues Paper which explains this in more detail
Review of Adult Decision-Making Capacity Law – Law Commission – Consultation Platform (external link)

Easy Read, Te Reo Māori and other formats are available to support our community. 

They want to hear from everyone by Friday 21 June this year, so jump in and take a look. 

Visit the Second issues paper on the Law Commission website (external link)