Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

Principles and general duties

13: Powers to be exercised with proper respect for cultural identity and personal beliefs

You could also call this:

"Respect people's culture and beliefs when helping those with intellectual disabilities."

Illustration for Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

When you are dealing with someone who has an intellectual disability, you must respect their cultural identity and personal beliefs. You need to think about how important their family and community ties are to them. You must also respect their language, culture, and beliefs, and make sure they understand what is happening to them as much as possible.

You should consider the care recipient's well-being and the importance of their relationships with their family, whanau, hapu, iwi, and family group.

The law says you must respect the care recipient's autonomy and competencies, which means you should keep them involved in decisions about their care, in a way that they can understand, you can find more information about this in the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 related legislation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM225188.


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12: Principles governing decisions affecting children and young persons, or

"Rules to help keep you safe and supported when big decisions are made about you"


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14: Interpreters to be provided, or

"You have the right to an interpreter if you need help understanding English when dealing with the court or authorities."

Part 2Principles and general duties

13Powers to be exercised with proper respect for cultural identity and personal beliefs

  1. This section applies to—

  2. a court or person exercising a power under this Act in respect of a care recipient; and
    1. a court conducting proceedings under this Act in respect of a care recipient.
      1. The power must be exercised, or the proceedings conducted,—

      2. with proper recognition of the importance and significance to the care recipient of the care recipient's ties with his or her family, whanau, hapu, iwi, and family group; and
        1. with proper recognition of the importance and significance to the care recipient's family, whanau, hapu, iwi, and family group of the ties of the family, whanau, hapu, iwi, and family group with the care recipient; and
          1. with proper recognition of the contribution the ties specified in paragraphs (a) and (b) make to the care recipient's well-being; and
            1. with proper respect for the care recipient's cultural and ethnic identity, language, and religious or ethical beliefs; and
              1. with proper respect for the competencies and autonomy of the care recipient by keeping all procedures, so far as this can be done, within the care recipient's power of understanding.
                Compare
                • 1992 No 46 s 5