Whakamana

The first principle is Whakamana | Empowerment.

In this country there are several rights, laws, government agencies, advocacy groups and frameworks which work toward upholding the wellbeing and mana of older people, ensuring that they are empowered and protected.

Rights

As well as universal human rights, which all people have, there are several global understandings of the rights of older people, indigenous people and disabled people. In New Zealand, Te Tiriti o Waitangi also applies.

Te Tiriti o Waitangi

Te Tiriti o Waitangi is New Zealand’s founding document, a legally binding covenant, and crucial to understand and apply in relation to older people, particularly Kaumātua Māori.

Articles One and Two of Te Tiriti sets out that Māori have the right to govern their own affairs, as well as their lands and taonga such as fisheries, te reo Māori and cultural traditions. Article Three upholds that Māori have full and equal rights as citizens, whilst Article Four assures the right to freedom of expression of faith. Honouring and upholding Te Tiriti requires that the aims of these articles are met, however in many ways, the ongoing impacts of colonisation result in a failure to do so, (e.g. Māori lower life expectancy, greater poverty rates, worse health outcomes) with a significant impact on Kaumātua Māori.

Although there was also a version of Te Tiriti written in English, we look to the Māori version. There is an agreed principle in law that where there is any ambiguity within a binding document that decisions should be made against the party which drafted it (in this case, the British Crown, now represented by the NZ Government). Further testing of this law has shown where there are versions of an agreement in more than one language, that the indigenous language text takes precedence.

The UN Principles for Older Persons

The United Nations (UN) Principles for Older Persons outlines a set of 18 principles that aim to promote the rights and wellbeing of older people. The principles are intended to guide policies and practices related to ageing.

They are:

• Independence
• Participation
• Care
• Self-fulfilment
• Dignity
• Respect
• Autonomy
• Full citizenship
• Employment
• Education
• Intergenerational solidarity
• Adequate standard of living
• Social protection
• Health
• Housing
• Family
• Elimination of age discrimination
• Access to information and communication

These principles promote the idea that older people have the right to live with independence, dignity, and respect, and that they should be able to participate fully in all aspects of society. The principles emphasise the importance of providing care, social protection, access to education, health care and housing, and call for the elimination of age discrimination. They also highlight the importance of intergenerational solidarity and the need to promote understanding and communication between generations. Read more about them here.

In addition, 2021 to 2030 is the UN’s Decade of Healthy Ageing. During this time, the UN and the World Health Organisation (WHO) are working together to encourage governments, organisations and individuals to improve the lives of older people, their families and their communities.

This will be done by focussing on four areas:

• Age-Friendly Environments,
• Combatting Ageism,
• Integrated Care and
• Long-term Care.

It is possible that a full convention for the rights of older people will be adopted in the coming years. Adoption of the principles was an important step in this journey, and if it is determined that these are not enough to protect the rights of older people then a convention may be decided upon. New Zealand, along with most countries in the world, are members of the United Nations which means that we should follow any Declarations and/ or Principles as guidance and we must follow any Conventions as international law. A convention is therefore stronger than the issued principles but also takes longer to introduce.

UN Convention on the Rights of Persons with Disability

The UN Convention on the Rights of Persons with Disability also applies – for the group of older people who have been disabled throughout their lives as well as the many people who become disabled as they grow older. This convention clearly sets out their rights as citizens, including accessibility, living independently and as part of the community, personal mobility and health.

UN Declaration on the Rights of Indigenous People

Aotearoa is also a signatory of the UN Declaration on the Rights of Indigenous People which aligns with much of what was agreed in Te Tiriti, as well as outlining other rights for indigenous people. The declaration aims to promote the well-being, dignity, and rights of indigenous peoples and foster a framework for reconciliation and cooperation between indigenous peoples and countries.

Legislation (Laws)

In New Zealand, there are several pieces of legislation that are specifically relevant to older people.

These laws provide legal protections and rights to older people and aim to ensure that they are treated fairly and with dignity.

New Zealand Bill of Rights Act 1990

This act affirms the right to be free from discrimination on the grounds of age, among other characteristics, and guarantees the right to life, liberty, and security of the person.

Human Rights Act 1993

This act prohibits discrimination on the grounds of age in areas such as employment, education, and the provision of goods and services.

Protection of Personal and Property Rights Act 1988

This act provides legal protections for older people who may be vulnerable to abuse or neglect by others, including financial exploitation or misuse of their property.

This law allows for Enduring Powers of Attorney (EPA), which is a legal document where an individual appoints someone to be able to make decisions on their behalf should they become mentally incapable of making decisions for themselves. One person can be appointed to make decisions about welfare and one to make decisions about finances and property.

It’s important to note that these appointments must be made while someone has the mental capacity to do so as they cannot be made after this.

Residential Tenancies Act 1986

This act sets out the rights and responsibilities of landlords and tenants, including older people who are renting.

Retirement Villages Act 2003

This act outlines obligations for retirement village operators, and the rights of residents and anyone considering becoming a resident. It was due to for review in 2023.

Residential Care and Disability Support Services Act 2018

This act sets out the regulatory framework for aged care services in New Zealand, including residential care, home-based care, and hospital-level care.

Privacy Act 2020

This act outlines how agencies collect, use, disclose, store and give access to personal information, and provides greater protection and control for individuals over their personal information.

New Zealand Superannuation and Retirement Income Act 2001

This act sets out the eligibility criteria, entitlements and administration of the universal pension scheme for people aged 65 and over.

Pae Ora (Healthy Futures) Act 2022

This act centralised New Zealand’s health services (previously across several district health boards) into two main agencies, Te Whatu Ora (Health NZ) and Te Aka Whai Ora (Māori Health Authority). It also established Te Pou Hauora Tūmatanui (Public Health Agency) within the Ministry of Health and Whaikaha (Ministry for Disabled People).

End of Life Choice Act 2019

This act allows terminally ill adults to request medical assistance to end their life. It provides a legal framework and safeguards for assisted dying, ensuring voluntary and well-informed decisions with protections against abuse.

NOTICEABLE GAPS

Ageism

Although discriminating against someone because of their age is illegal and there is evidence to suggest this happens in New Zealand workplaces (both for existing employees and when hiring), complaints are not often raised with the Human Rights Commission (only 109 over the past five years).

There also doesn’t appear to be many cases within the Employment Relations Authority. This could be due to it being difficult to prove that the discrimination has occurred, or because of the societal reticence of New Zealander to “make a fuss”.

EPAs

Many people are not setting up Enduring Powers of Attorney (EPAs) in time, which can then lead to difficulties when loved ones need to try to make decisions for someone no longer able to do so. One of the reasons is lack of public awareness of the importance of having an EPA in place and the process for doing so. Another reason is that they are expensive to set up – although the fee may be affordable to many, for others it is not possible to allocate money to this instead of paying for the basic needs of life.

Ministries

Ministries are government departments responsible for specific areas of policy or service delivery. They develop and implement policy, administer programs, and provide advice to the government on matters related to the area they focus on (their portfolio).

A Ministry is overseen by a Minister, who is an elected MP (Member of Parliament) and is appointed to a Ministry by the Prime Minister. Dependent on the size of the Ministry, they may have other Ministries and agencies operating within them. There are over 30 Ministries in Aotearoa New Zealand and several of these support and provide services for older people.

Manatū Hauora | Ministry of Health

Responsible for policy, strategy and regulations to ensure the health and wellbeing of all New Zealanders, including older people. The Ministry provides an overarching guidance role between the Government and entities including Te Pou Hauora Tūmatanui (Public Health Agency), Te Whatu Ora (Health NZ) and Te Aka Whai Ora (Māori Health Authority). Overseen by Minister of Health. Also referred to as MoH.

Te Pou Hauora Tūmatanui | Public Health Agency

Responsible for strengthening public health, with an emphasis on equity as well as looking at the wider determinants of health such as income, education and housing. Part of MoH. Introduced in 2022.

Te Whatu Ora | Health New Zealand

Responsible for the day-to-day running of the health system across Aotearoa, on a local, regional and national basis. Manages all public health services, including hospitals and specialists as well as community care. Introduced in 2022. Works in partnership with Te Aka Whai Ora.

Te Aka Whai Ora | Māori Health Authority

Responsible for ensuring the health system works well for Māori, including changing how NZ’s
health system understands Māori health needs. They will do this by working with, listening to and appointing Māori services to support Māori and their communities. The aim is to reduce the imbalance in health outcomes for Māori. Introduced in 2022. Works in partnership with Te Whatu Ora and Manatū Hauora.

Te Manatū Whakahiato Ora | Ministry of Social Development

Responsible for delivering the social security system, including funding social services for New Zealanders. It provides funding and support for a range of services that are designed to help older people live independently and maintain their wellbeing. The Office for Seniors is administered by this Ministry and Work and Income is a key part of it. Overseen by Minister for Social Development and Employment. Also referred to as MSD.

Te Tari Kaumātua | Office for Seniors

Primary advisor to the Government on issues affecting older people. Their aim is to improve the lives of older people by promoting their wellbeing and concerns, and by raising awareness of the issues facing our ageing population. Created the Better Later Life Strategy (page 24). Leads Age-Friendly Communities Aotearoa (page 42) Overseen by the Minister for Seniors. Administered by MSD.

Te Hiranga Tangata | Work and Income

This agency provides financial assistance and employment services to eligible individuals and families. For older people, this may include payment of NZ Super, the SuperGold discount card, job seeking assistance, housing support and residential care support. Widely known as WINZ. Part of MSD.

Whaikaha | Ministry for Disabled People

Responsible for working in partnership with disabled people and Māori to make changes to the current system in order to make it more accessible. The Ministry liaises with other ministries to ensure the rights and needs of the disabled community are part of any new policies. Overseen by Minister of Disability Issues.

Te Tari Mō Ngā Take Hauātanga | Office for
Disability Issues

Advises Government on issues affecting disabled people, with a key focus on NZ’s Disability Strategy and the UN Convention on the Rights of Persons with Disabilities. Overseen by the Minister of Disability Issues. Part of Whaikaha.

Te Tūāpapa Kura Kāinga | Ministry of Housing and Urban Development

Responsible for developing and implementing policies related to housing and infrastructure, including developing areas to support new houses. The Ministry provides support for a range of housing options for older people, including social housing, retirement villages, and other forms of supported living. Overseen by Minister of Housing. Also referred to as HUD or MHUD.

Te Puni Kōkiri | Ministry of Māori Development

Responsible for promoting the social, economic, and cultural development of tangata whenua. The Ministry provides funding and support for a range of services that are designed to meet the needs of kaumātua (older Māori people) and their whānau. They fund the wellbeing initiative Whānau Ora. Overseen by Minister of Māori Development. Also referred to as TPK.

Te Manatū mō ngā Iwi ō te Moana-nui-ā-Kiwa | Ministry for Pacific Peoples

Responsible for supporting and promoting the wellbeing of Pacific Peoples in New Zealand. The Ministry provides funding and support for a range of services that are designed to meet the needs of Pacific older people and their families. Overseen by Minister for Pacific Peoples. Also referred to as MPP.

Te Tari Mātāwaka | Ministry for Ethnic Communities

Ensures that the needs and aspirations of ethnic communities in NZ are recognised and met. Advocates for culturally appropriate services, support, information and social activities to be available for everyone in NZ, including older people from diverse ethnic backgrounds. Also known as MEC.

Commissioners

A Commissioner is a person appointed by the government to oversee and make decisions about a particular issue or sector, acting as an independent voice and ensuring rights and needs are being addressed.

Commissioners are appointed for a fixed term and their role involves assessing the situation, making recommendations and taking action to improve outcomes. They lead a team of people doing this work, called a “Commission” or “Office of the Commissioner”.

There are several commissions who are responsible for overseeing and advocating for areas which affect older people in New Zealand.

Retirement Commission | Te Ara Ahunga Ora

Provides information and advocacy for retirement income policies, including NZ Superannuation and KiwiSaver. They also report on how well the Retirement Villages Act is serving older people in New Zealand.

— Click to read more about the work of the Retirement Commission.
— Click to read more about the Retirement Commissioner

Key Laws:

• New Zealand Superannuation and Retirement Income Act 2001
• Retirement Villages Act 2003

Health and Disability Commissioner | Te Toihau Hauora, Hauātanga

Ensures that health and disability services are provided in a way that respects the dignity, rights, and independence of older people and other users of these services.

— Click to read more about the work of the Health and Disability Commission.
— Click to read more about the Health and Disability Commissioner.

Key Laws:

• New Zealand Bill of Rights Act 1990
• Human Rights Act 1993
• Pae Ora (Healthy Futures) Act 2022

Aged Care Commissioner

Focusses on improving the quality of aged care and disability services and advocating for the rights of older people using these services. This is a relatively new role, established in 2022. Works within the office of the Health and Disability Commissioner.

— Click to read more about the work of the Aged Care Commission.
— Click to read more about the Aged Care Commissioner.

Key Laws:

• Residential Care and Support Services Act
• New Zealand Bill of Rights Act 1990
• Human Rights ACT 1993
• Pae Ora (Healthy Futures) Act 2022

Human Rights Commission | Te Kāhui Tika Tangata

Promotes and protects human rights, including the rights of older people. This commission can have up to five commissioners at once, each leading on topics such as Race Relations and Equal Employment Opportunities, as well as a Chief Human Rights Commissioner.

— Click to read more about the work of the Human Rights Commission.
— Click to read more about the Human Rights Commissioners.

Key Laws:

• New Zealand Bill of Rights Act 1990
• Human Rights Act 1993.

NOTICEABLE GAPS

Having such a high number of departments, ministries, commissioners and organisations is its own challenge.

The positive impact of having many heads working to support older people, can also make it difficult to find / receive the support you’re eligible for.

Although many public agencies are working with Whānau Ora in order to ensure their systems are whānau-centred in order to support positive changes in wellbeing and health, it was recently concluded that after many years of work this is still not happening in any significant way.

Strategies and Approaches

There are several strategies and approaches adopted and developed by various ministries which are important foundations of the systems and services which impact older people in New Zealand.

He Oranga Kaumātua – Better Later Life Strategy

Developed by the Office for Seniors, this framework aims to improve the wellbeing of older New Zealanders through a coordinated effort to address issues across the key areas of:

• financial security and work
• health and access to services
• functional and affordable long-term housing
• continuing social connection
• accessible environments

This strategy looks at the significant contribution older people can make to their communities when they are in environments which are supportive, accessible and empowering. This strategy was launched in 2019 and sets out an overall plan until 2034, with the first detailed action plan to 2024 focussing on employment, housing and digital.

— Click to read the strategy here.
— Click to read the action plan here.

Healthy Ageing Strategy

The Healthy Ageing Strategy is a 10-year plan that aims to improve the health and wellbeing of older people in New Zealand. Launched by the Ministry of Health in 2016, it sets out a vision for older people to live well, age well, and spend their later years in age-friendly communities. It focuses on five key themes, including:

• healthy ageing and resilience
• living well with long-term health conditions
• improving rehabilitation and recovery
• better support for those with high and complex needs
• respectful end-of-life care

The strategy seeks to maximise health and wellbeing for all older people and was developed
in collaboration with the health and social sectors in New Zealand, aligning with the World Health Organization’s Global strategy and action plan on ageing and health.

The strategy had an accompanying action plan until 2022, but the plan for 2023 – 2026 has not yet been released.

He Korowai Oranga – Māori Health Strategy

He Korowai Oranga is a strategic framework developed by Manatū Hauora, outlining a holistic approach to Māori health and well-being, emphasising the importance of cultural values, practices, and identity.

The framework focuses on the key areas Whānau Ora (healthy families and communities) Waiora (healthy environments), and Mauriora (healthy individuals and whānau), which all contribute to the overall aim of Pae Ora (healthy futures). It aims to improve Māori health outcomes by addressing social determinants of health and promoting collaboration and partnership between Māori communities, health providers, and the government.

This strategy is accompanied by Whakamaua – Māori Health Action Plan 2020-2025.

— Click to read the strategy here
— Click to read the action plan here

New Zealand Disability Strategy

This is a 10-year plan up to 2026 which sets out a vision for a non-disabling society where disabled people are able to achieve their goals and aspirations.

Central to its creation is honouring Te Tiriti o Waitangi and the UN Convention for the Rights of Disabled People, as well as a core belief that disabled people must be involved in decision-making which affects them. This includes older people who have been disabled throughout their lives as well as people who have become disabled as they have aged.

The strategy is accompanied by an Action Plan from 2019 until 2023 so is due for renewal. The strategy and action plan were developed through extensive consultation with disabled people and disability sector organisations.

— Click to read the strategy here
— Click to read the action plan here

Dementia Mate Wareware Plan

This action plan aims to create a dementia-friendly society in New Zealand by improving the quality of life of people living with dementia mate wareware and their families and carers. It also aims to reduce the risk of developing dementia and increase awareness of the condition.

The plan includes a range of initiatives, such as improving access to support services, increasing
dementia-friendly environments, promoting research, and enhancing public awareness and education about dementia.

The plan was developed collaboratively with leading Alzheimers and Dementia Mate Wareware
organisations and the community. The Government is actively invested in this plan, with a $12 million investment across four years up to 2026.

Enabling Good Lives

This approach created by the disability community and piloted successfully in several regions throughout the 2010s is now a core part of Whaikaha’s strategy. It aims to transform the disability support system in New Zealand by giving disabled people and their whānau more choice and
control over the services they receive. It is based on the principles of self-determination, person-centred planning, and individualised funding. It emphasises the importance of early intervention, prevention, community participation, and social inclusion.

Under the Enabling Good Lives approach, people with disabilities are supported to live the life they choose, pursuing their goals and aspirations with the necessary support. This is achieved through a flexible funding model that enables disabled people to use their funding in ways that best meet their needs. It represents a significant shift away from the traditional disability support system, which has been criticised for being overly bureaucratic and inflexible, and for not meeting the needs of disabled people and their families.

Equally Well

This movement, led by Te Pou (the national workforce centre for mental health, addiction and disability) aims to improve physical health of people experiencing poor mental health and addiction through research, awareness and education directed at health services and practitioners.

Data shows that people experiencing poor mental health and/or addiction often experience poorer physical health. This is due to a number of factors, including the effect of prescribed medication such as anti-psychotics on the body and reduced access to quality healthcare because of cost, stigma and discrimination.

Further research is required to determine best interventions for Māori and Pacific peoples, which is concerning given that these groups have higher rates of poor mental health in this country. Our members also report that there is not yet enough awareness of Equally Well approaches for older people.

Ageing in Place

Ageing in place is the idea that older people can continue to live independently in their own homes or communities for as long as possible as they age, with appropriate support. It is a desirable goal for many older people who value their independence, familiarity with their community and surroundings, and social connections.

There are many benefits to ageing in place, including improved quality of life, reduced healthcare costs, and increased social connections. This can help to reduce the risk of depression which are common problems for older people who are isolated from their communities.

However, ageing in place requires a supportive infrastructure to provide the necessary supports for older people and currently there are gaps to providing this in Aotearoa. This infrastructure can include: accessible and affordable housing, transportation options, health care services, and community support networks. Without these, ageing in place can lead to social isolation which studies have shown to be a major contributor to poor wellbeing. In addition, ageing in place should be a choice – not a necessity for those who would prefer but cannot find aged residential
care in their community. As the population continues to age, it is becoming increasingly important to ensure that these support systems are in place to help older people remain independent and engaged in their communities. One way to do this is by creating Age Friendly Communities (page 42).

Weaving in the strands

Mana Whenua | Belonging

A sense of connection to where you are.

Older people who are supported and empowered to advocate for their rights, are cared for from a person-centred approach, and who are able to continue to live with dignity will feel they belong to their communities.

Mana Atua | Wellbeing

Spiritual, physical and mental wellbeing

Having consistent rhythms in our lives is known to make us feel more secure which in turns supports our overall wellbeing. Policies, services and rights which are designed to promote a sense of dignity, respect, and independence of older people is vital to their wellbeing. This includes access to healthcare, housing, and social services.

Mana Tangata | Contribution

Feeling a sense of purpose and being of value to your community

Policies, legislation and rights which ensure older people can contribute to society (by, for
example, working, volunteering, voting) encourages this feeling of contribution

Mana Reo | Communication

Understanding others and being understood

Policies and laws which ensure that adaptable and culturally appropriate forms of communication are able to be used empower older people to be able to communicate effectively with those around them. It also allows systems to be set up to allow someone they trust to communicate decisions on their behalf if they are unable to.

Mana Aotūroa | Exploration

Continuously learning to discover new possibilities

Rights and policies which empower older people and support them to access their communities will provide opportunities for them to continue learn new hobbies and skills. In addition, having
Ministries and Advocacy groups focussed on older people will mean that ongoing research continues in this area.