Protection of Personal and Property Rights Act 1988

Reprint as at 31 March 2014

Protection of Personal and Property Rights Act 1988

Public Act1988 No 4
Date of assent12 March 1988
Commencementsee section 1(2)

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Justice.


Contents

Title

1 Short Title and commencement

2 Interpretation

3 Act binds the Crown

4 Legal capacity of persons subject to orders under this Act

Part 1
Personal rights

5 Presumption of competence

6 Jurisdiction of court under this Part

7 Persons who may apply for exercise of court's jurisdiction

8 Primary objectives of court in exercise of jurisdiction under this Part

9 Course to be followed by court

10 Kinds of order

11 Order to administer property

12 Court may appoint welfare guardian

13 Court may make recommendations instead of order

14 Interim orders

15 Orders by consent

16 Persons subject to property order

17 Expiry of orders

Part 2
Welfare guardians

18 Powers and duties of welfare guardian

19 Effect of welfare guardian's decisions, etc

20 Liability of welfare guardian

21 Welfare guardian's expenses

22 When welfare guardian ceases to hold office

23 Appointment of welfare guardian in event of non-compliance

Part 3
Property rights

24 Presumption of competence

25 Jurisdiction of court under this Part

26 Persons who may apply for exercise of court's jurisdiction

27 Need for application in respect of hospital patient, etc, may be investigated

28 Primary objectives of court in exercise of jurisdiction under this Part

29 Course to be followed by court

30 Temporary orders

31 Appointment of manager

31A Kai tiaki trusts

31B Maori land or shares in Maori incorporation

32 Application to trustee corporation to act as manager

33 Application to trustee corporation in respect of small estates

34 When a person ceases to be subject to property order

Part 4
Managers

35 Property not to vest in manager

36 Functions and duties of manager

37 Security for performance of manager's duties

38 Powers of manager

39 Additional powers where Public Trust appointed manager

40 Application of Public Trust Act 2001

41 Application of Maori Trustee Act 1953

42 Manager's powers subject to provisions of personal order

43 Manager's duty to consult

44 Effect of manager's decisions, etc

45 Statements required

46 Statement to be examined by or on behalf of Public Trust

47 Inspection and copying of statements and reports by leave

48 Enforcement of manager's duty to prepare and file statements

49 Liability of manager

50 Expenses of management and remuneration of managers

51 Grants to Public Trustee [Repealed]

52 When manager ceases to hold office

Part 5
Powers and property of persons subject to property orders

53 Powers of persons subject to property orders

54 Testamentary powers of person subject to property order

55 Court may authorise manager to make testamentary disposition for person subject to property order

56 Testamentary law otherwise unaffected

57 Proceedings, execution, etc, not to proceed without leave of court

58 Notional preservation of character of assets converted

59 Notional preservation of character of money expended for certain purposes

60 Court may make orders for preserving nature and devolution of property

61 Termination of notional preservation of character of assets

62 Court may settle the beneficial interests of person subject to property order

Part 6
Procedure

63 Service of copy of application required

64 Applications may be joined, etc

65 Appointment of lawyer to represent person in respect of whom application made

65A Appointment of lawyer to assist court

65B Payment of lawyer appointed under section 65A

Pre-hearing conferences

66 Calling of pre-hearing conference

67 Objectives of pre-hearing conference

68 Procedure at pre-hearing conference

69 Identification of issues

70 Power of presiding Judge to make consent orders

71 Power to require attendance at pre-hearing conference

72 Privilege

73 Presiding Judge may hear subsequent proceedings

Proceedings before court

74 Attendance of person in respect of whom application is made

75 Right of person to be heard and call evidence

76 Court may call for report on person

77 Evidence [Repealed]

78 Power of court to call witnesses

79 Attendance at hearings

80 Publication of reports of proceedings

81 Costs

Part 7
Appeals and reviews

82 Court to state whether order is suspended pending appeal

83 Right of appeal to High Court

83A Procedure on appeal to High Court

84 Further appeal to Court of Appeal

85 Appeals to Court of Appeal from decisions of High Court

86 Review of personal orders

87 Review of property orders

88 Procedure on review

89 Review of welfare guardian's or manager's decisions

Part 8
Reciprocal provisions

90 Interpretation

91 Powers of Public Trust as to property in New Zealand of incapacitated person in another country

92 Appointment of authorised officer in another country

93 Resealing in New Zealand

Part 9
Enduring powers of attorney

93A Purpose of this Part

93B Presumption of competence

94 Interpretation

94A Creation of enduring power of attorney

95 When power of attorney is an enduring power of attorney

96 Enduring power of attorney not revoked by donor's subsequent mental incapacity

97 Enduring power of attorney in relation to property

97A Exercise of enduring power of attorney in relation to property

98 Enduring power of attorney in relation to personal care and welfare

98A Exercise of enduring power of attorney in relation to personal care and welfare

99 Both kinds of powers may be given

99A Attorney's duty to consult

99B Attorney must provide information on exercise of powers

99C Attorney as to property must keep records

99D Medical certification of incapacity

100 Enduring powers of attorney subject to personal order and property order

100A Suspension of attorney's power to act

101 Attorney may seek directions from court

102 Court's jurisdiction in respect of an enduring power of attorney

102A Persons who may apply for exercise of court's jurisdiction

103 Review of attorney's decisions

103A Validity of actions under power of attorney not meeting requirements of section 94A or 95

103B Effect of attorney's decision on third parties

103C Effect of attorney's actions, etc, before notice of revocation or suspension received

104 Disclaimer by attorney

105 Court may revoke appointment of attorney

106 Circumstances in which enduring power of attorney shall cease to have effect

107 Attorney's power to benefit self and others

108 Procedure

108AA Enduring powers of attorney created before Protection of Personal and Property Rights Amendment Act 2007

108AAB Review of Protection of Personal and Property Rights Amendment Act 2007

Part 9A
Payment of money or damages

108A Interpretation

108B Approval of court required to settle claims of specified persons

108C Applications for approval of court

108D Money or damages may be held upon trust

108E Money or damages held by manager

108F Termination of trust

108G Part does not affect Deaths by Accidents Compensation Act 1952

Part 10
Miscellaneous provisions

109 Orders may be registered

110 Remission of fees in cases of hardship

111 Rules of procedure

111A Transitional provision relating to rules

112 Regulations

113 Reference to Aged and Infirm Persons Protection Act 1912 and Part 7 of the Mental Health Act 1969 in other Acts

114 Savings

115 Maori Affairs Act 1953 amended [Repealed]

116 Repeals

117 Transitional provisions

Schedule 1
Powers of managers

Schedule 2
Further powers of Public Trust as manager

Schedule 3
Form of enduring power of attorney in relation to property

[Repealed]

Schedule 4
Enactments repealed

Protection of Personal and Property Rights (Incapacitated Person in Australia or Great Britain) Order 1989

Reprint notes


An Act to provide for the protection and promotion of the personal and property rights of persons who are not fully able to manage their own affairs