Work

Decision-making capacity law developments in Aotearoa New Zealand

Year: 2025

Type: article

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.

Source: International Journal of Law and Psychiatry

DOI: 10.1016/j.ijlp.2025.102140

Authors: Kate Diesfeld, Greg Young

Institutions: Auckland University of Technology, Health New Zealand, University of Otago

Language: English

Topic: Healthcare Decision-Making and Restraints

Subfield: Clinical Psychology

Field: Psychology

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: hybrid

Estimated APC paid: $3,510