Decision-making capacity law developments in Aotearoa New Zealand

New Zealand, as well as other jurisdictions, are revisiting their decision-making capacity law regimes. Currently several strands of New Zealand capacity law are under review. Reforms could impact many people across many domains of decision-making. Focussing on adult decision-making, we describe features of New Zealand's approach to decision-making capacity law that resemble other jurisdictions. We then summarise unique features of New Zealand law and explain the urgency of reform, in light of our obligations under the United Nations Convention on the Rights of Persons with Disabilities, research funded by the Human Rights Commission and the findings of New Zealand's Royal Commission of Inquiry Abuse in Care. Analysis of New Zealand's capacity law is timely, given the current review of the two key statutes governing adult decision-making and mental health legislation.

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Publication Details

Journal
International Journal of Law and Psychiatry
Published
2025-09-09
DOI
https://doi.org/10.1016/j.ijlp.2025.102140
Primary Topic
Healthcare Decision-Making and Restraints
Type
article
Field-Weighted Citation Impact
0.00
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article

Decision-making capacity law developments in Aotearoa New Zealand

Kate Diesfeld, Greg Young
1 links
International Journal of Law and Psychiatry
Healthcare Decision-Making and Restraints
article

Decision-making capacity law developments in Aotearoa New Zealand

Kate Diesfeld, Greg Young
article en

Abstract

New Zealand, as well as other jurisdictions, are revisiting their decision-making capacity law regimes. Currently several strands of New Zealand capacity law are under review. Reforms could impact many people across many domains of decision-making. Focussing on adult decision-making, we describe features of New Zealand's approach to decision-making capacity law that resemble other jurisdictions. We then summarise unique features of New Zealand law and explain the urgency of reform, in light of our obligations under the United Nations Convention on the Rights of Persons with Disabilities, research funded by the Human Rights Commission and the findings of New Zealand's Royal Commission of Inquiry Abuse in Care. Analysis of New Zealand's capacity law is timely, given the current review of the two key statutes governing adult decision-making and mental health legislation.

International Journal of Law and PsychiatryVol. 104
Auckland University of Technology (NZ), University of Otago (NZ)
Openalex Percentile: Top 66%
Healthcare Decision-Making and Restraints
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