The protection of consumers in rest homes - time for a change?

Abstract

This dissertation examines the statutory protection of elderly consumers in rest homes and makes several proposals of how to improve their protection. The dissertation compares New Zealand’s legislation with the existing rest home related legislation in Australia and Germany to improve New Zealand’s regulations.

At first, the dissertation characterises elderly consumers as a consumer group with special vulnerabilities. According to the dissertation several reasons can be identified, which justify regulatory intervention in favour of the elderly. Secondly, the dissertation gives an overview of the relevant rest home legislation in New Zealand, Australia and Germany.

In the later chapters the dissertation examines the existing information obligations, and the statutory protection of elderly consumers during the implementation and at the time of the termination of a rest home contract. The author argues that many of the existing consumer protection measures are not specifically tailored for consumers in rest homes and, therefore, do not ensure comprehensive protection. Furthermore, the author identifies several gaps in protection and proposes to introduce targeted new protection measures to close these gaps. Subsequently, the dissertation considers the access to justice for elderly consumers. The author states that the existing system offers some advantages but is far from being perfect. He speaks in favour of establishing a new Commissioner who is responsible for the issues of elderly consumers and the enhancement of their legal position.

Lastly and on the basis of the previous outcomes, the author recommends creating a new piece of legislation specifically tailored for the protection of elderly consumers in rest homes to implement all the proposed changes. In the author’s opinion a new Act could build on the existing consumer protection measures but should also improve them to ensure the best protection possible. The author also outlines how a code of practice should be put in place, which sets out minimum requirements.