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Decision making: When others can legally make decisions for you

Disabled children and youth: Decision making

When can my parents’ decision making powers about me come to an end?

Care of Children Act 2004, s 28; Case: [2008] 1 NZLR 409

As with all children and young people, whether disabled or not, your parents are your guardians until you turn 18. As your guardians, they have the legal power to make major decisions about you. However, the law recognises that in your teens your parents’ powers will lessen and you should be able to make more decisions for yourself, such as consenting to sex if you’re 16 years or older.

Exactly when you should be allowed to make your own decisions will depend on you and your particular level of maturity. If, as a teenager, you have an impairment that affects your ability to understand and make decisions for yourself, your parents are likely to continue to play a major decision making role in your life until you turn 18. They may still play that role after that too, whether through an informal arrangement, or if they apply to the Family Court to be appointed as your “welfare guardians” (see “When judges and others can make decisions for you”).

Making informal arrangements for supported decision making after age 18

If your impairment continues after age 18, then depending on the nature and extent of your impairment, informal arrangements can be made where family, friends, neighbours, health professionals and so on provide you with assistance, support and information so that you can make your own decisions and communicate your decisions to others, without having to involve the courts and the legal system.

There are also more formal systems for decision making: see above and see the chapter “Decision making and powers of attorney”.

The “supported decision making” approach is endorsed by the UN Disability Convention (see in this chapter “Rights that are recognised internationally: The UN Disability Convention” and “Supported decision making: Using New Zealand law to put in place a supported decision making approach, like a ‘circle of friends‘”).

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Disability rights

Where to go for more support

COVID-19 information

www.dpa.org.nz/resources/covid-19-information-for-the-disabled-community

The Disabled Persons Assembly (DPA) has up-to-date COVID-19 information for the disabled community on their website. They also post new information on their Facebook page and their Information Exchange newsletter. You can sign up by going to the website linked above. For more information about DPA, see below.

Community Law

www.communitylaw.org.nz

Your local Community Law Centre can provide free initial legal advice and information.

Auckland Disability Law

www.aucklanddisabilitylaw.org.nz

www.communitylaw.org.nz/centre/disability-law

ADL provides assistance and referrals to disabled people on their legal issues, and work with other Community Law Centres, legal professionals and community organisations to raise disability awareness and achieve the best outcome for disabled people.

Office for Disability Issues

www.odi.govt.nz

The Office for Disability Issues is the focal point in government on disability issues.

Human Rights Commission

www.hrc.co.nz/your-rights/your-rights/

This page on the HRC website focuses on the Commission’s work around both individual and systemic disability discrimination. There are resources available in multiple accessible formats.

Health and Disability Commissioner

www.hdc.org.nz

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

The Health and Disability Commissioner has a range of pamphlets and other information on health and disability issues.

Contact a Health and Disability Advocate

Phone: 0800 555 050

Make a complaint to the Commissioner

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

PO Box 1791, Auckland

You can make a complaint by phoning the Commissioner’s office toll-free, by email, by filling in the online complaint form or by writing to them.

Ministry of Health Services and Support

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

Publicly funded health and disability services available in New Zealand.

Disabled Persons Assembly

www.dpa.org.nz

The DPA is a pan-disability organisation. DPA works to improve social indicators for disabled people and for disabled people be recognised as valued members of society. DPA and its members work with the wider disability community, other disabled persons’ organisations, government agencies, service providers, international disability organisations and the public.

People First

www.peoplefirst.org.nz

People First New Zealand is a self-advocacy organisation that is led and directed by people with learning (intellectual) disability. People First has a free Disability Information and Advice Service and they also produce legal resources in Easy Read form which are free to download from their website.

Deaf Aotearoa

www.deaf.org.nz

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

Deaf Aotearoa also works closely with Deaf communities, government agencies and other organisations to increase awareness, promote New Zealand Sign Language and strengthen the rights of Deaf people.

Family Violence – It’s Not OK

www.areyouok.org.nz

Phone: 0800 456 450

“It’s not OK” is a community-driven behaviour change campaign to reduce family violence in New Zealand. Its goal is to change attitudes and behaviour that tolerate any kind of family violence. The website has resources for families who are experiencing abuse. It’s not OK is an initiative housed within the Ministry of Social Development.

Family violence and disabled people

www.areyouok.org.nz/resources/free-resources/domestic-violence-and-disabled-people-accessible-formats

Inclusive Education

www.inclusive.tki.org.nz

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

Attitude Toolbox: The Whole Truth about Courts and Justice

www.youtube.com/watch?v=m9VF9iCkXS4

This accessible video has information about the New Zealand justice system and courts. The video is presented in New Zealand Sign Language and fully subtitled in English.

New Zealand Health Practitioners Disciplinary Tribunal

www.hpdt.org.nz

This Tribunal hears and determines disciplinary proceedings brought against health practitioners.

Public Trust

www.publictrust.co.nz

Public Trust is New Zealand’s largest provider of Wills and estate administration services.

Te Rōpū Taurima

www.terooputaurima.org.nz

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

Le Va

www.leva.co.nz

Le Va supports Pasifika families and communities to unleash their full potential and have the best possible health and wellbeing outcomes.

Blind Low Vision NZ

(previously called Blind Foundation)

www.blindlowvision.org.nz

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

Achieve

www.achieve.org.nz

Phone: 0800 24 33 33

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

Privacy Commissioner

www.privacy.org.nz

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

You can download the pamphlet “Your Health Information: Know Your Privacy Rights” from the Privacy Commissioner’s website, at: www.privacy.org.nz

You can also download a copy of the Health Information Privacy Code from: www.privacy.org.nz/the-privacy-act-and-codes/codes-of-practice/health-information-privacy-code-1994

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