Sharples Pita: Protection of Personal and Property Rights  Amendment Bill — First Reading 
Sharples Pita: Protection of Personal and Property Rights  Amendment Bill — First Reading 
[Volume:636;Page:7040] 
Dr PITA SHARPLES (Co-Leader—Maori Party) 
: 
 I find it a little strange that we can be focusing on a bill for the protection of personal and property rights when just over a week ago our Government supported a delaying motion at the United Nations on the Declaration on the Rights of Indigenous Peoples. This was no ordinary declaration. This was a declaration for the protection of the personal and property rights of indigenous people. It was a declaration to affirm the fundamental human rights of the most politically economically socially and culturally marginalised people in the world—indigenous peoples. It was a declaration that took 20 years to reach a resolution which this Government took great joy in unwinding. 
In the very early days of hui around this declaration a delegation including NganekoMinhinnick the late Alec Kaihau Aroha Kaihau Joe Williams Hinewhare Harawira and Aroha Mead attended the United Nations working group on indigenous peoples on the relationship between indigenous peoples and states. They were party to statements about dispute resolution and about protection of indigenous nations’ personal rights. At the same time that those early discussions were being held here in Aotearoa the Protection of Personal and Property Rights Act 1988 was passed to allow decisions to be made on behalf of those unable to manage their own affairs or properly look after themselves. It is ironic then that our own Government can be so quick to strengthen legislation to protect vulnerable people while denying Maori the fundamental human rights guaranteed to all other people by not supporting the United Nations declaration to affirm the fundamental human rights of indigenous peoples. 
This Protection of Personal and Property Rights Amendment Bill puts into place the recommendations from the Law Commission’s 2001 report  
Misuse of Enduring Powers of Attorney 
 to provide for the protection of the personal and property rights of people who are not fully able to manage their own affairs. It aims to get lawyers to act in their clients’ best interests. We hope that the proposals of the Law Commission will ensure caution against abuses in the granting of power of attorney and abuses such as high-handedness bullying failure to consult—such as when a lawyer sells a client’s home without the client’s knowledge—and embezzlement and theft. The abuse of the powers of attorney takes place within a relationship of trust and the Maori Party believes that that must never be tolerated. 
Behaviour like this—the exploitation material and financial abuse of vulnerable people —is an infringement of human rights. It is behaviour that breaches the code of conduct one expects of a socially responsible society. Indeed it is an abuse of power not unlike what this Government has done in its political manoeuvring at the United Nations: abuse condemned by indigenous peoples around the globe abuse condemned by organisations such as Amnesty International abuse that has resulted in the Declaration on the Rights of Indigenous Peoples being delayed perhaps indefinitely. 
This bill pays particular attention to the vulnerabilities of the elderly their welfare and their rights and the harmful physical psychological sexual material financial or social damage caused by the behaviour of someone they trust. When the Law Commission consulted for its 2001 report it sought wide involvement from older people and their organisations because it saw that elderly people’s welfare and interests should be a paramount consideration in this bill. 
As part of that consultation process the Law Commission recommended the creation of a commissioner for the aged—a person chosen to champion the needs of the elderly throughout Aotearoa. Yesterday we talked about the Parliamentary Commissioner for the Environment we talked about the appointment of a new Police Complaints Authority and we made reference to the commissioner for children. In the same vein we also see the importance of now considering a commissioner for the aged one who understands the special needs and dreams of kaumatua and kuia as well. We will be supporting this bill.