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Health & disability

Chapters in this topic

  • Benefits and compensation: What you're entitled to from Work and Income and ACC
  • Health and disability services: Your rights and how to enforce them
  • Education: Access and learning support for disabled and Deaf students

    • Decision making: When others can legally make decisions for you

    When judges and others can make decisions for you

    Overview

    Protection of Personal and Property Rights Act 1988, ss 5–17

    The law says that people over 18 years old can make their own decisions about their lives. Only a judge can decide that a person isn’t capable of making their own decisions.

    If you or someone close to you thinks that you can’t make your own decisions about important things and you haven’t made an EPA, you or they can ask the Family Court to make decisions for you, or let someone else be your decision-maker.

    If you go to the Family Court about this, here are some important things to know:

    • You will have your own lawyer, speaking up for you. The government will pay for this lawyer if you can’t afford to.
    • The Family Court Judge will find out what you can decide for yourself, and make sure you’re still able to have as much control over your life as you can.
    • The judge can make different kinds of “orders” about what’s going to happen in your life.
    • The judge can appoint other people to make decisions for you.
    • These people have to make decisions in your best interest, and the Family Court will make sure they’re doing that.

    Decisions about where and how you live (personal care and welfare)

    Protection of Personal and Property Rights Act 1988, ss 9–10, 18–23

    First, the judge will decide if you’re able to make decisions yourself, and if you can communicate them to other people.

    If not, the judge can either:

    • make “Personal Orders” about things like where you live, who looks after you, and what kind of education or therapy you will have, and/or
    • appoint a “welfare guardian” who can make those decisions for you.

    Either way, the judge will make sure you have as much control over your life as you can manage, and that you’re given the chance to develop your decision-making abilities however possible.

    Decisions about your money and property

    Protection of Personal and Property Rights Act 1988, ss 24–34

    If you’re still able to make decisions, but you need some help with your money and property, you can ask a trustee company for help. Two doctors need to agree that you need help, and you need to sign a document saying it’s what you want.

    If you can’t make decisions about your money or property

    • the Family Court can make “Personal Orders” about money less than $5000, or income less than $20,000 a year, or
    • if the money or property is more than that, the Family Court can appoint a “property manager” to make decisions for you.
    Next Section | Decisions about adoption, sex and relationships

    Did this answer your question?

    Disability rights

    Where to go for more support

    Community Law

    Your local Community Law Centre can provide you with free initial legal advice.

    Find your local Community Law Centre online: www.communitylaw.org.nz/our-law-centres

    Auckland Disability Law (ADL) provides free legal services to disabled people associated with their disability related legal issues. ADL is the only specialist disability law community law centre in Aotearoa New Zealand.

    Website: www.aucklanddisabilitylaw.org.nz/
    Email: info@adl.org.nz
    Phone:  09 257 5140
    Text only: 027 457 5140

    Disabled Persons Assembly

    DPA is a pan-disability organisation run by and for disabled people. DPA and its members work with the wider disability community, other disabled persons’ organisations, government agencies, service providers, international disability organisations and the public.

    Website: www.dpa.org.nz
    Email: info@adl.org.nz
    Phone:  04 801 9100
    Facebook: www.facebook.com/dpa.nz.7

    Nationwide Health & Disability Advocacy Service

    The Nationwide Health & Disability Advocacy Service offers free, independent, and confidential advice to support you in resolving issues with health and disability services.

    Website: www.advocacy.org.nz
    Email: advocacy@advocacy.org.nz
    Phone:  0800 555 050

    Le Va

    Le Va is working with Manatū Hauora/Ministry of Health to support Pasifika people with disabilities and their families.

    Website: www.leva.co.nz/our-work/disability-support
    Email: admin@leva.co.nz
    Phone:  09 261 4390
    Instagram: www.instagram.com/Levapasifika
    Facebook:  www.facebook.com/LeVaPasifika

    Te Rōpū Taurima

    Te Rōpū Taurima is a kaupapa Māori service that supports people of all ethnicities with intellectual impairments around New Zealand.

    Website: www.terooputaurima.org.nz
    Email: info@terooputaurima.org.nz

    People First New Zealand

    People First New Zealand is a self-advocacy organisation that is led and directed by people with learning disabilities.

    Website: www.peoplefirst.org.nz
    Email: ask@peoplefirst.org.nz
    Phone:  0800 20 60 70

    Deaf Aotearoa

    Deaf Aotearoa is a national organisation representing the voice of Deaf people, and the national service provider for Deaf people in New Zealand.

    Website: www.deaf.org.nz
    Email: hello@deaf.org.nz
    Phone:  0800 33 23 22
    Freetext:  8223
    Instagram: www.instagram.com/DeafAotearoa
    Facebook: www.facebook.com/deafaotearoanz

    Blind Low Vision NZ (previously called Blind Foundation)

    Blind Low Vision NZ is New Zealand’s main provider of support to New Zealanders who are blind or have low vision.

    Website: www.blindlowvision.org.nz
    Email: generalenquiries@blindlowvision.org.nz
    Phone:  0800 24 33 33
    Instagram: www.instagram.com/BlindLowVisionNZ
    Facebook:  www.facebook.com/BlindLowVisionNZ

    Sign Language video about the courts and justice

    www.youtube.com/watch?v=m9VF9iCkXS4 

    Achieve

    Achieve is a national network established to ensure equal opportunity and access to post-secondary education and training for people with impairments.

    Website: www.achieve.org.nz
    Email: info@achieve.org.nz
    Phone:  03 479 8235

    Inclusive Education

    Inclusive Education provides New Zealand educators with practical strategies, suggestions and resources to support the diverse needs of all learners.

    Website: www.inclusive.tki.org.nz
    Email: inclusive@tki.org.nz

    Government Agencies

    Whaikaha/Ministry for Disabled

    Whaikaha is the Ministry for Disabled People. On the website, it contains information about how to access support and funding and has a directory of advisory services.

    Website: www.whaikaha.govt.nz
    Email: contact@whaikaha.govt.nz
    Phone:  0800 566 601
    Text: 4206
    Communication can also be made through NZ Relay Calls

    Health and Disability Commissioner

    The Health and Disability Commissioner website sets out your rights under the Code of Health and Disability Services Consumers’ Rights and how you can make a complaint to the Commissioner.

    Website: www.hdc.org.nz
    Email: hdc@hdc.org.nz
    Phone:  0800 11 22 33

    To make a complaint online: www.hdc.org.nz/making-a-complaint/make-a-complaint-to-hdc

    Office for Disabled

    The Office for Disabled is administered by a small team from Whaikaha, and works closely with government agencies and the disability sector to make the best decisions for disabled people.

    Website: www.odi.govt.nz
    Email: office_for_disability_issues@whaikaha.govt.nz
    Phone:  0800 566 601

    Ministry of Health Services and Support

    Website: www.health.govt.nz/your-health/services-and-support

    Te Kāhui Tika Tangata/Human Rights Commission

    The Human Rights Commission website provides information about human rights in Aotearoa and outlines how you can make a complaint to the Commission about individual or systemic disability discrimination.

    Website: www.tikatangata.org.nz/ or www.hrc.co.nz
    Email: infoline@hrc.co.nz
    Phone:  0800 496 877 (0800 4 YOUR RIGHTS)

    To make a complaint online, download a complaint form or find out more about the complaints process: www.tikatangata.org.nz/resources-and-support/make-a-complaint

    Privacy Commissioner

    The Privacy Commissioner website provides information about your rights and responsibilities under the Privacy Act 2020 and the Privacy Principles. It also outlines the role of the Privacy Commissioner and how to make a privacy complaint.

    Website: www.privacy.org.nz
    Email: enquiries@privacy.org.nz
    Phone:  0800 803 909

    To make a complaint: www.privacy.org.nz/your-rights/making-a-complaint

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