Abstract
This paper analyses the New Zealand Law Commission’s proposals to repeal the Protection of Personal and Property Rights Act 1988 and establish a new legal framework for adult decision-making. The reforms align domestic law with the Convention on the Rights of Persons with Disabilities (CRPD) by replacing the capacity-based “best interests” model with a rights-based, will-and-preferences paradigm that prioritizes supported decision-making and respects individual autonomy. The paper situates the proposals within a comparative framework, drawing on Ireland’s Assisted Decision-Making (Capacity) Act 2015 and Victoria’s Guardianship and Administration Act 2019, and identifies critical implementation challenges, including public education, independent oversight mechanisms, culturally responsive court processes, and the incorporation of tikanga Māori. The analysis concludes that the proposed reforms represent a fundamental shift in the legal and social understanding of autonomy, with broader implications for Asian countries currently re-examining adult guardianship and decision-making systems under the influence of the CRPD, and it highlights the potential for integrating culturally specific practices into rights-based frameworks.