13 February 2025
Clampett Trust
[FYI request #29680 email] Tēnā koutou
Your request for official information, reference: HNZ00076141
Thank you for your email on 4 January 2025, which was transferred from the Ministry of Health to
Health New Zealand | Te Whatu Ora (Health NZ) on 9 January 2025, asking for the following under
the Official Information Act 1982 (the Act):
1. Could you kindly supply the information of how many revocations of enduring power of
attorney that Te Whatu Ora ( Health NZ) has administered on patients in their care in
the last 4 years?
2. How many cases of removal of enduring power of attorney through the family court has
occurred in the last 4 years by Health NZ?
3. How many of those cases were considered 'vulnerable people'?
4. How many revocations of enduring power of attorney through the family court have
been overturned?
5. What legislation is used to revoke an enduring power of attorney?
6. What is a 'legal mandate'?
7. Who holds the power of attorney when Health NZ has a 'legal mandate' over a person
in their care?
8. Are the orginal enduring power of attorneys given information about the revocation of
their power of attorney when Health NZ becomes the power of attorney over someone
in their care? If so,who does this and under what legislation?
9. Is an assessment done first before this process?
10. Are family and caregivers given input into this process? If so, how and under what
process?
11. Are all cases of revocation of EPOA lodged with the HDC?
Response
Health NZ as an entity cannot act as an Attorney under an Enduring Power of Attorney (EPOA) for
patients in our care and we play no role in the creation or revocation of EPOAs on behalf of
patients.
Health NZ also does not keep a record of revocations of EPOAs by patients in our care.
Therefore, the following parts of your request are refused under section 18(g) of the Act as the
information you have requested is not held by Health NZ.
•
Could you kindly supply the information of how many revocations of enduring power of
attorney that Te Whatu Ora ( Health NZ) has administered on patients in their care in
the last 4 years?
•
What is a 'legal mandate'?
•
Who holds the power of attorney when Health NZ has a 'legal mandate' over a person
in their care?
•
Are the orginal enduring power of attorneys given information about the revocation of
their power of attorney when Health NZ becomes the power of attorney over someone
in their care? If so,who does this and under what legislation?
•
Is an assessment done first before this process?
•
Are family and caregivers given input into this process? If so, how and under what
process?
You also asked the following questions regarding the revocations of EPOAs through the Family
Court;
•
How many cases of removal of enduring power of attorney through the family court has
occurred in the last 4 years by Health NZ?
•
How many of those cases were considered 'vulnerable people'?
•
How many revocations of enduring power of attorney through the family court have
been overturned?
This part of your request is more closely aligned with the functions of the Ministry of Justice. For
this reason, Health NZ has decided to transfer this part of your request to the Ministry of Justice
under section 14(b)(ii) of the Act. You can expect a response from them in due course.
You also asked,
•
What legislation is used to revoke an enduring power of attorney?
The relevant legislation is the Protection of Personal and Property Rights Act 1988, Part 9 –
Enduring powers of attorney. You can find helpful information here:
Protection of Personal and
Property Rights Act 1988
•
Are all cases of revocation of EPOA lodged with the HDC?
There is no requirement to notify the Health and Disability Commissioner that an EPOA has been
created or revoked.
Separately to the above response, you may find helpful information here:
https://www.officeforseniors.govt.nz/our-work/promoting-enduring-power-of-attorney
How to get in touch
If you have any questions, you can contact us at
[email address].
If you are not happy with this response, you have the right to make a complaint to the
Ombudsman. Information about how to do this is available at
www.ombudsman.parliament.nz or
by phoning 0800 802 602.
As this information may be of interest to other members of the public, Health NZ may proactively
release a copy of this response on our website. All requester data, including your name and
contact details, will be removed prior to release.
Nāku iti noa, nā
Claire Campbell
Acting Principal Legal Counsel
Public Law
TeWhatuOra.govt.nz
Health NZ, PO Box 793,
Wellington 6140, New Zealand
