Auckland District Health Board Taikura Trust Aranui Home and ...

Health and Disability Commissioner
Changes made
138. Oak Park advises that it now has systems in place to ensure that:
Residents are recorded as ―competent‖ or ―not competent‖ with respect to their
personal welfare;
Copies of PPPR Act orders, or EPOA documentation are held on residents’
files;
The files of residents who are deemed ―not competent‖ are clearly marked;
The expiry date of any PPPR Act order is diarised for action by staff;
In the event that a PPPR Act order for welfare guardianship is issued, any
existing EPOA is annotated to indicate that it has been superceded.
139. In response to recommendations outlined in my provisional report, Oak Park provided
HDC with a copy of its policy and procedure in relation to residents admitted under a
compulsory court order, and an updated checklist to be used for all new admissions. It
also confirmed that training sessions had been held with staff in 2009–10, in relation
to the Code of Health and Disability Services Consumers’ Rights, and the Health and
Disability Advocacy Service.
PPPR Act applications
140. The New Zealand Bill of Rights Act 1990 provides that everyone lawfully in New
Zealand has the right to freedom of movement and residence and everyone has the
right not to be arbitrarily arrested or detained. The PPPR Act provides for the making
of a personal order with regard to a person who lacks competence. Section 6 provides
that a person lacks capacity if he or she lacks, wholly or partly, the capacity to
understand the nature, and to foresee the consequences, of decisions in respect of
matters relating to his or her personal care and welfare; or wholly lack the capacity to
communicate decisions in respect of such matters. The PPPR Act provides protections
for the subject person and sets out the process to be followed before a personal order
is made. These include a requirement that the application and accompanying
documents be served on the person concerned. 24 Section 74(1) requires the subject
person to be present at the hearing unless there are exceptional circumstances. If a
person is ordered to enter an institution, the institution must be specified in the
order. 25 There is also a more flexible provision, for an order to specify living
arrangements of a certain kind. 26 Following the hearing, if an order is made, it would
have to be served on the subject person. The order may specify a review date and, if
so, who is to apply for the review. 27 It will expire on the date in the order, or after 12
months, whichever is the earlier. 28
24 Section 63 of the PPPR Act.
25 Section 10(1)(d) of the PPPR Act.
26 Section 10(1)(e) of the PPPR Act.
27 Section 10(3) of the PPPR Act.
28 Section 17(1) of the PPPR Act.
24 3 November 2010
Names have been removed (except Auckland DHB, Taikura Trust, Aranui Home and Hospital/Oak
Park Dementia Unit and the expert who advised on this case) to protect privacy. Identifying letters are
assigned in alphabetical order and bear no relationship to the person’s actual name.