The MHF’s submission to the Law Commission’s Review on Adult Decision-Making Capacity Law focusses on decision-making in the mental health system – specifically, the experiences of those whose right to make decisions about their personal care and treatment is, or has been, overridden under the Mental Health (Compulsory Assessment and Treatment) Act (the Mental Health Act).
The MHF recommends Aotearoa New Zealand’s laws embed supported decision-making within our mental health system by ensuring all services and supports (including whānau support) enable tāngata whaiora to make their own decisions about their mental health care, treatment and recovery. This means all types of support, including the most intensive, works to reach decisions which are based on the will and preferences of the persons concerned. These supports should allow for and promote collective decision-making approaches informed by tikanga Māori and te ao Māori.
The submission expands on this position and also responds to other questions asked by the Law Commission including how advance directives should work in practice, how tikanga Māori should be considered in our decision-making laws, and how decision-making supporters should be utilised.
Read the full submission for more detail.