Stewart Barbara: Protection of Personal and Property Rights  Amendment Bill — Third Reading 
Stewart Barbara: Protection of Personal and Property Rights  Amendment Bill — Third Reading 
[Volume:642;Page:11976] 
BARBARA STEWART (NZ First) 
: 
 On behalf of New Zealand First I rise to speak on the Protection of Personal and Property Rights Amendment Bill. New Zealand First supports this legislation as does every other party in this House. That is the best indication that we can ever get that the legislation is non-controversial and is as right as it can possibly be. We have heard from many of the other speakers that this is a very important bill. The bill follows many of the Law Commission’s recommendations. It is timely that after a considerable period this bill has now been reviewed. 
We know in this House that elder abuse is a critical social issue and will continue to be so with an ageing population. This bill is designed to prevent the abuse and neglect of older people and people with mental incapacity through the misuse of enduring powers of attorney. It actually strengthens the provisions relating to enduring powers of attorney so that the welfare and rights of vulnerable people are better protected than they have been. Their welfare and interests should always be the first and most paramount consideration. It is absolutely essential for any society to ensure that vulnerable and disabled people have the greatest possible protection under the law in relation to establishing enduring powers of attorney that the person’s wishes are carried out and that his or her personal care and welfare is safeguarded as much as it can be. 
I have seen first hand that the role of enduring power of attorney is a huge personal responsibility. I know that my mother carried out this role for my great-aunt when she was in residential care in the last few months of her life. I saw the huge amount of thought and action that was involved in ensuring that my great-aunt had the best possible care for her last few months. So it is pleasing to see that this bill tightens the requirements around the creation of an enduring power of attorney. It had to be clarified so that there was no mistake. We know it is a huge responsibility. 
This bill tightens the provisions relating to gifting in the context of an enduring power of attorney. Most important it provides easier access to the courts for anyone with concerns about an attorney’s actions. Many examples were identified by the Law Commission. We need to prevent and deter unscrupulous attorneys from abusing or misusing their authority. We were pleased to see that there is greater transparency with financial records. That is absolutely essential for the family and any lawyers involved. This bill addresses many of the concerns in relation to the misuse or abuse of enduring powers of attorney. It needed to be done. We were pleased to see too that attorneys’ decisions can be reviewed while they are actually acting under the enduring power of attorney. 
In New Zealand First we approve of the limit imposed in the bill on the number of medical examinations needed to determine a loss of capability. A person does not need to be sent to multiple doctors to be deemed mentally incapable—and neither should they. 
We are pleased to see that the Government has invested quite considerably in the resources and services for elder abuse. It is very necessary. We know that Age Concern welcomes the changes that have been made in this bill. A number of cases that have been brought to Age Concern’s attention are attributable to the misuse of enduring powers of attorney. I would say that no one in this House could approve of that. 
In conclusion New Zealand First is very happy with the changes that have been made. We know that this bill is a very important measure. We are dealing with people at the most vulnerable stages of their life. New Zealand First supports this bill. We believe that it is the correct measure at this point in time.