Yes.

The New Zealand Bill of Rights Act (1990) (Parliamentary Counsel Office, 2013) outlines the illegality of arbitrary detention and deprivation of liberty in all but legally authorised situations. New Zealand is also a signatory to the International Covenant on Civil and Political Rights (ICCPR) (Ministry of Justice, 2020a) and the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) (Ministry of Justice 2020b).

The Protection of Personal and Property Rights (PPPR) Act (1988) (Parliamentary Counsel Office, 1988) is the main piece of legislation in NZ and sets out in detail the criteria and thresholds that must be met for an individual to be deemed to lack decision making capacity for personal care and welfare or property matters.

The Mental Health (Compulsory Assessment and Treatment) Act (1992) (Parliamentary Counsel Office, 1992) has been used to protect the rights of a person with dementia on an urgent basis in the absence of any legal protection under the PPPR act.

The Code of Health and Disability Services Consumers’ Rights 1996 (Health & Disability Commission, 1996) gives legally enforceable rights to all consumers of health and disability services, and places corresponding obligations on providers of those services.

Right 7(4) of the code provides an exception to the general requirement in the Code that services should only be provided to a person who has made an informed choice and given informed consent. Right 7(4) states: “Where a consumer is not competent to make an informed choice and give informed consent, and no person entitled to consent on behalf of the consumer is available, the provider may provide services where – a) it is in the best interests of the consumer; and b) reasonable efforts have been taken to ascertain the views of the consumer; and c) Either, – ˚ If the consumer’s views have been ascertained and having regard to those views, the provider believes, on reasonable grounds, that the provision of the services consistent with the informed choice the consumer would make if he or she were competent; or ˚ If the consumer’s views have not been ascertained, the provider takes into account the views of other suitable persons who are interested in the welfare of the consumer and available to advise the provider.”

References:

Health & Disability Commission. (1996). Code of Health and Disability Services Consumers’ Rights, regulations 1996. Health & Disability Commissioner website. Available from: https://www.hdc.org.nz/your-rights/about-the-code/code-of-health-and-disability-services-consumers-rights/.

Ministry of Justice. (2020a). International Covenant on Civil & Political Rights (ICCPR). Available from: https://www.justice.govt.nz/justice-sector-policy/constitutional-issues-and-human-rights/human-rights/international-human-rights/international-covenant-on-civil-and-political-rights/.

Ministry of Justice. (2020b). Convention on the Rights of Persons with Disabilities. Available from: https://www.justice.govt.nz/justice-sector-policy/constitutional-issues-and-human-rights/human-rights/international-human-rights/crpd/.

Parliamentary Counsel Office. (1988). Protection of Person and Property Rights Act 1988. New Zealand Legislation website. Available from: http://www.legislation.govt.nz/act/public/1988/0004/latest/whole.html.

Parliamentary Counsel Office. (1992). Mental Health (Compulsory Assessment and Treatment) Act 1992. New Zealand Legislation website. Available from: http://www.legislation.govt.nz/act/public/1992/0046/latest/DLM262176.html?search=qs_act%40bill%40regulation%40deemedreg_mental+health+_resel_25_h&p=1&sr=1.

Parliamentary Counsel Office. (2013). New Zealand Bill of Rights Act 1990. New Zealand Legislation website. Available from: http://www.legislation.govt.nz/act/public/1990/0109/latest/DLM224792.html.