New Law Amendment to Strengthen Protections for Disabled Adults in Care

Crimes Act Now Explicitly Requires Carers to Safeguard Disabled Individuals Unable to Remove Themselves from Care.

The New Zealand Government is amending the Crimes Act to ensure stronger protections for disabled individuals who rely on others for care, Justice Minister Paul Goldsmith announced. The amendment is part of the broader Responding to Abuse in Care Legislation Amendment Bill, which recently passed its first reading in Parliament, and serves as a legislative response to the Abuse in Care Royal Commission’s recommendations.

As a central part of this amendment, the word ‘disability’ will be explicitly added to the definition of “vulnerable adult” within the Crimes Act. This clarification legally mandates caregivers to protect disabled individuals who cannot leave their care, affirming their responsibility to provide essential care and safeguard them from potential harm.

“This amendment makes it abundantly clear that someone caring for a disabled adult, who cannot remove themselves from care, has a specific statutory duty toward them,” Mr Goldsmith said. “Whether the carer is a professional, a family member, or someone else, they must provide the necessary care and ensure the individual is protected from injury.”

The amendment draws a clear line in defining vulnerability, stressing that not all individuals with disabilities, or those who are elderly or unwell, are necessarily classified as vulnerable under this law. The definition applies specifically to adults who are unable to remove themselves from a care situation, underscoring the government’s intent to provide stronger protection for those in particularly dependent circumstances.

Background and Impact of the Amendment

The Abuse in Care Royal Commission, which investigated historical abuse within care facilities, highlighted gaps in legal protections for disabled individuals and others unable to care for themselves independently. One of its recommendations was to clarify caregivers' obligations to those in vulnerable situations. By adding disability to the Crimes Act’s definition of a “vulnerable adult,” the amendment addresses these gaps and emphasizes accountability for those in caregiving roles.

Mr. Goldsmith noted, “I am pleased to implement this recommendation and remove any potential for doubt about whether these laws protect disabled people in care.” The new legislation provides a legal framework that holds caregivers responsible for upholding the rights and well-being of disabled individuals, bringing added protection to one of New Zealand’s most vulnerable groups.

Government’s Broader Strategy to Protect Vulnerable Populations

The amendment aligns with the government's broader commitment to protecting vulnerable groups and upholding human rights within care settings. This legislation is part of an extensive reform effort, aiming to prevent abuse in both institutional and home-based care and to strengthen the country’s response to care-related abuses. As part of this strategy, the government is reviewing additional measures that may further support the safety and rights of individuals who depend on others for essential care and services.