TABLE OF CONTENTS
Foreword
Acknowledgments
Glossary
Executive Summary
Introduction
Chapter 1: Setting the Context – An Overview of New Zealand and English Mental Capacity Law
1A: The Legal Concept of Capacity
1B: Overview of Mental Capacity Law in New Zealand
1C: Overview of Mental Capacity Law in England and Wales
Chapter 2: Supported Decision-making
2A: Human Rights
2B: Legal Principles
2C: Ethics, Autonomy and the Law
2D: The Cultural Dimension
2E: Supported Decision-making in Practice and in Case Law
Recommendations for Supported Decision-making
Chapter 3: Liberty Safeguards
3A: The Human Rights Framework
3B: The Bournewood Gap
3C: New Zealand – Implications of the Bournewood Gap
3D: Reform Options – A Proportionate Response
Recommendations for Liberty Safeguards
Chapter 4: Defining Capacity
4A: Important Concepts of Capacity
4B: PPPR Act – Legal Tests
4C: MCA – Legal Test
Recommendation for a Single Test for Capacity
Chapter 5: Best Interests – A Standard for Decision-making
5A: Best Interests in New Zealand Law
5B: Best Interests at Common Law and Under the Mental Capacity Act
Recommendations for Best Interests as a Standard for Decision-making
Chapter 6: Research on People Who Lack Capacity
6A: The Gap in New Zealand's Legal Framework
6B: International Standards and the Mental Capacity Act
Recommendations for Research on People who Lack Capacity
Chapter 7: Code of Practice
7A: The Mental Capacity Act (MCA) Code of Practice
7B: Development of a Code of Practice for New Zealand
7C: The First Step - A Toolkit for Assessing Capacity
Recommendations for a New Zealand Code of Practice
Chapter 8: Conclusion – A Checklist for Reform
8A: Provisions of the MCA that could be inserted into the PPPR Act
8B: Major Gaps in Current New Zealand Law
8C: Implementation of the Law in Practice
8D: Further Features of the Mental Capacity Act
Appendix A: A Review of Selected PPPR Act Cases
Appendix B: A Review of the Health and Disability Commissioner's Opinions about Capacity
Appendix C: Legislation and International Human Rights Conventions
Appendix D: A Toolkit for Assessing Capacity
Appendix E: Letters of Support and People Consulted for this Project
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