New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 7 July 2010
| Public Act | 1988 No 4 |
| Date of assent | 12 March 1988 |
| Commencement | see section 1(2) |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Ministry of Justice.
1 Short Title and commencement
4 Legal capacity of persons subject to orders under this Act
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
11 Order to administer property
12 Court may appoint welfare guardian
13 Court may make recommendations instead of order
16 Persons subject to property order
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
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
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
35 Property not to vest in manager
36 Functions and duties of manager
37 Security for performance of manager's duties
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
44 Effect of manager's decisions, etc
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
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51 Grants to Public Trustee [Repealed]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
63 Service of copy of application required
64 Applications may be joined, etc
65 Appointment of barrister or solicitor by court or Registrar
66 Calling of pre-hearing conference
67 Objectives of pre-hearing conference
68 Procedure at pre-hearing conference
70 Power of presiding Judge to make consent orders
71 Power to require attendance at pre-hearing conference
73 Presiding Judge may hear subsequent proceedings
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
78 Power of court to call witnesses
80 Publication of reports of proceedings
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
89 Review of welfare guardian's or manager's decisions
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
Part 9
Enduring powers of attorney
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
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
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
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
108G Part does not affect Deaths by Accidents Compensation Act 1952
Part 10
Miscellaneous provisions
110 Remission of fees in cases of hardship
111A Transitional provision relating to rules
113 Reference to Aged and Infirm Persons Protection Act 1912 and Part 7 of the Mental Health Act 1969 in other Acts
115 Maori Affairs Act 1953 amended [Repealed]
Schedule 2
Further powers of Public Trust as manager
Schedule 3
Form of enduring power of attorney in relation to property
[Repealed]
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
