Embedding supported decision-making (part 2)

Second submission on the Law Commission Review of Adult Decision-Making Capacity Law

The MHF's submission on the second phase of the Law Commission's Review of Adult Decision-Making Capacity Law reaffirms our position that supported decision-making should be embedded in New Zealand legislation related to decision-making capacity. 

While the second phase of the review focuses on the Protection of Personal and Property Rights Act 1988 (the PPPR Act), and does not deal specifically with decision-making capacity as it relates to mental distress or mental health treatment, we consider that the legislation to replace the PPPR Act could carry significant weight for people experiencing mental distress. Our submission provides high level feedback focused on how the law new law will apply to people whose decision-making is affected by mental distress, and how this review may guide the way supported decision-making, Te Tiriti o Waitangi, tikanga and collective decision-making are considered in the upcoming reform of the Mental Health (Compulsory Assessment and Treatment) Act 1992. 


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