The Law Commission had recommended that the Act be repealed and replaced with a new law
The government has accepted in principle the Te Aka Matua o te Ture | Law Commission’s central recommendation that the Protection of Personal and Property Rights Act 1988 (PPPR) be overhauled in a move applauded by commission president Judith Collins KC.
The government expressed its intent to prioritise the law’s amendment in the next parliamentary term. In a report submitted to the justice ministry on 29 January, the commission had suggested that the PPPR Act be repealed and replace with new legislation.
“The PPPR Act touches the lives of thousands of New Zealanders, and those numbers are projected to increase dramatically in coming years. It is imperative that the law be updated to reflect modern expectations, to comply with New Zealand’s obligations under the United Nations Convention on the Rights of Persons with Disabilities, and to protect and promote the dignity, autonomy and equality of people with affected decision making”, Collins said in a media release.
The Law Commission’s report, which was presented to parliament on 24 February, noted that the PPPR Act was the main law related to decision-making capacity and set out arrangements for those who lacked this capacity, including welfare guardians, property managers and enduring powers of attorney. The commission said the justice ministry commissioned it to undertake the review due to the rising acknowledgment of disabled persons’ human rights.
The Law Commission commenced the review in October 2021. Then-commissioner Geof Shirtcliffe highlighted traumatic brain injury, dementia, learning disabilities and mental distress as factors impeding decision-making capacity.
“Key law in this area hasn’t been reviewed in decades. There have been significant developments in this time. Our attitudes towards disability have shifted, and Aotearoa New Zealand has committed to implementing the United Nations Convention on the Rights of Persons with Disabilities. In addition, as our population ages an increasing proportion of New Zealanders will require support to make decisions about their lives”, Shirtcliffe said in a 2021 media release. “Further, our law may not be compatible with perspectives from te ao Māori, te Tiriti o Waitangi and the rights of tāngata whaikaha Māori (Māori disabled people), their whānau, hapū, and iwi”.
The Law Commission noted the increased recognition that PPPR Act did not appropriately consider te Tiriti o Waitangi, te ao Māori or Aotearoa New Zealand’s multi-cultural nature. It pointed out that New Zealand’s population was increasingly aging.
The body explained that a new law was needed to “properly reflect the importance of decision-making support, ensure representative decision-making is centred on the rights, wishes and values of the represented person, and strengthen safeguards and oversight of decision-making arrangements”.
