NEW ZEALAND Law and Practice Contributed by: Brent Wicks, Violet Yu, Jonathon Russell and Sandy Chen, Cone Marshall Limited
The New Zealand government provides a range of financial support for minors and adults with disabili - ties, aiming to enhance their quality of life and facilitate community participation. In relation to minors under the age of 18, the Child Disability Allowance offers non-means-tested financial assistance to caregivers of children who require constant care due to a serious disability. For adults, the Disability Allowance is a payment scheme from the government to help cover ongoing costs associated with their condition, such as medi - cal expenses, travel and special equipment. In addi - tion, the Supported Living Payment is another scheme which provides income support to individuals who are unable to work on a long-term basis due to a signifi - In New Zealand, in the event a parent dies leaving a minor without a surviving legal guardian, the Fam - ily Court has jurisdiction to appoint a guardian of the minor under the Care of Children Act 2004. In the event an adult loses mental capacity, the appointment of a welfare guardian or conservator (property manager) requires a court application under the Protection of Personal and Property Rights Act 1988, and the appointee is subject to ongoing court supervision and obligations to submit annual state - ments. These safeguards are designed to protect vulnerable individuals and ensure decisions made on their behalf are in their best interest. 8.3 Elder Law New Zealand supports its citizens and residents in preparing financially for longer lifespans through a combination of public and private initiatives. These include the KiwiSaver scheme, which is a voluntary long-term retirement savings plan with employer and government contributions. cant health condition or disability. 8.2 Appointment of a Guardian The New Zealand Superannuation is a universal public pension for eligible residents in New Zealand. The cur - rent age of eligibility for New Zealand Superannuation is 65 and over.
There is a range of legal and estate planning tools to assist with individuals who may live longer but have lost mental capacity due to old age. While they still have capacity, they have the option to plan for the contingency of losing capacity by setting up endur - ing powers of attorney for both property and personal care and welfare. Public financial education, led by organisations like the Retirement Commission and Sorted, also plays a vital role in promoting financial literacy and long-term planning. In light of the longer average life span, the trust law in New Zealand has also been adjusted: the latest Trusts Act 2019 repealed the Perpetuities Act 1964, which confined the perpetuity period to 80 years. The Trusts Act 2019 currently imposes a maximum trust period of 125 years. 9. Planning for Non-Traditional Families 9.1 Children New Zealand’s Status of Children Act 1969 ensures equal treatment for all children, eliminating distinc - tions like “illegitimacy”. • Children born out of wedlock – treated equally to children born within marriage for all legal purposes, including inheritance. • Adopted children – deemed legal children of the adoptive parents, aside for Māori customary adop - tions (known as whāngai). • Surrogate children – the surrogate mother and her consenting partner (if any) are the legal parents at time of birth. The intended parents must adopt the child to gain legal parenthood. • Posthumously conceived children – recognised as legal children of the deceased parent, if conceived via assisted reproduction with consent. However, the right to inheritance would depend on the timing of the birth/death, and the terms of the deceased’s will. If a child is born after the death of their parent, they would not typically be entitled to inheritance. Where a parent has not provided for their child, living at their death, in their will (eg, a biological child born
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