LegalResearchFoundation

Across the globe, a growing number of countries and states have enacted modern slavery or supply chain legislation. These laws require specified entities to identify, disclose and possibly also take action on risks of modern slavery in their operations and supply chains. It appears that New Zealand will soon follow suit. This paper was written predominantly in mid-2021, soon after the Labour-led Government had indicated an intention to follow suit and convened an expert advisory group to make recommendations on possible legislative approaches to addressing modern slavery. The conversation recently took another big step forward when, on 8 April 2022, the Government launched a public consultation seeking feedback on its comprehensive proposal for new legislation. As our postscript explains further, this article could not examine the Government's proposal directly since our final revisions were made in January 2022. Instead, the article offers a detailed analysis of legislation from three overseas jurisdictions — the United Kingdom, Australia and France — that have clearly inspired and shaped the Government's thinking. At this timely juncture, then, the article explores what we can learn from these legislative models in crafting legislation fit-for-purpose in Aotearoa New Zealand.

This article discusses the recent Government inquiry into the Mental Health Act 1992 and its recommended reforms. These proposed reforms include recognising the right of individuals who are involuntarily hospitalised but retain the capacity to make medical decisions to refuse treatment. The article explains how, while the proposed reforms are well intentioned, they may have the unforeseen consequence of prolonging involuntary psychiatric hospitalisation. It describes the consequences of recognising a stronger right to refuse treatment in the United States and Denmark, both of which recognise the capacity that New Zealand is contemplating. It proposes a judicial-override mechanism for cases in which an individual's refusal of treatment would result in indefinite commitment.