Stewart Barbara: Protection of Personal and Property Rights  Amendment Bill — Second Reading 
Text is incorporated into the Bound Volume 
Stewart Barbara: Protection of Personal and Property Rights  Amendment Bill — Second Reading 
[Sitting date: 11 September 2007. Volume:642;Page:11756. Text is incorporated into the Bound Volume.] 
BARBARA STEWART (NZ First) 
: 
 I rise on behalf of New Zealand First to support the Protection of Personal and Property Rights Amendment Bill. I must say that New Zealand First has always acted very strongly in defence of the vulnerable within society. We have a great record of implementing policies and legislation that relate to the most vulnerable in society and particularly to the elderly. So we are very pleased with this bill 
Dr Wayne Mapp 
: Enthusiastic about the gold card? 
BARBARA STEWART 
: To Mr Mapp I say we have had very positive feedback about the SuperGold card. A lot of people are very happy with the SuperGold card and they know that as time goes on the card will actually increase in value. 
But I come back to the bill. This bill actually tightens the requirements for enduring powers of attorney in relation to property and in relation to personal care and welfare. It is very important legislation. It is absolutely essential for any society to ensure that vulnerable older people and disabled people have greater protections under the law in relation to establishing enduring powers of attorney and that the person’s wishes are carried out and his or her personal care and welfare are safeguarded. 
 This is an area that needs to be clarified in the law. On more than one occasion we have received some very concerning letters from senior citizens who have got themselves into some very awkward legal situations and have been quite unsure about their rights and about whom they should turn to. Abuse of powers of attorney should never ever be tolerated—whether it is by a family member or some other person. It is basically an infringement of human rights. A number of cases have gone before the courts. Age Concern Auckland believes that under our existing laws there is a lack of protection for the most vulnerable people in society. 
We are pleased that the amendments are in part a result of the recommendations made in the Law Commission’s 2001 report. Any bill that increases safeguards against the abuse of the elderly and disabled must be supported. We congratulate the Minister the Social Services Committee and the officials on the work that has been put into this legislation. It was needed and we understand that this area of the law has now been strengthened for today’s circumstances. 
We were pleased to see that legal executives are now able to witness a donor’s signature. We know that legal fees are always expensive and perhaps this change may assist in this particular area. We note that the requirements are fairly strict. Legal executives need to have had at least 12 months’ experience and be employed and supervised by a lawyer. Legal executives will now be among the witnesses permitted and that will also make drawing up enduring powers of attorney less expensive. 
We in New Zealand First approve of the limit on medical examinations so that the people have to go to only one doctor. They do not have to be sent to many doctors to be certified as being mentally incapable. We do not want to see multiple health practitioners approached in the search for one who will say a person can be deemed to be mentally incapable. We note too that the attorney can still get a second opinion. We were pleased to see that the medical certificate can actually remain valid indefinitely. We think that is a very positive change to this bill. 
We were also pleased to see that a new section has been proposed to require attorneys to keep records of financial transactions while the donor is mentally incapable. That will ensure greater transparency both for families and lawyers. This is an area that does not need to be clouded in any way. We are very happy with this change. 
We believe that this bill is a very important measure. Unfortunately incapacity is a fact of life. In New Zealand First we support the measures outlined in this bill. We want our seniors to have confidence that their wishes will be carried out. It is essential that we get this legislation absolutely right because we are dealing with the most vulnerable people in society. We in New Zealand First support this bill and look forward to its going through the Committee stage in the House.