Protection of Personal and Property Rights Act 1988

Reprint as at 1 July 2015

Coat of Arms of New Zealand

Protection of Personal and Property Rights Act 1988

Public Act
 
1988 No 4
Date of assent
 
12 March 1988
Commencement
 
see 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
1Short Title and commencement
2Interpretation
3Act binds the Crown
4Legal capacity of persons subject to orders under this Act
5Presumption of competence
6Jurisdiction of court under this Part
7Persons who may apply for exercise of court’s jurisdiction
8Primary objectives of court in exercise of jurisdiction under this Part
9Course to be followed by court
10Kinds of order
11Order to administer property
12Court may appoint welfare guardian
13Court may make recommendations instead of order
14Interim orders
15Orders by consent
16Persons subject to property order
17Expiry of orders
18Powers and duties of welfare guardian
19Effect of welfare guardian’s decisions, etc
20Liability of welfare guardian
21Welfare guardian’s expenses
22When welfare guardian ceases to hold office
23Appointment of welfare guardian in event of non-compliance
24Presumption of competence
25Jurisdiction of court under this Part
26Persons who may apply for exercise of court’s jurisdiction
27Need for application in respect of hospital patient, etc, may be investigated
28Primary objectives of court in exercise of jurisdiction under this Part
29Course to be followed by court
30Temporary orders
31Appointment of manager
31AKai tiaki trusts
31BMaori land or shares in Maori incorporation
32Application to trustee corporation to act as manager
33Application to trustee corporation in respect of small estates
34When a person ceases to be subject to property order
35Property not to vest in manager
36Functions and duties of manager
37Security for performance of manager’s duties
38Powers of manager
39Additional powers where Public Trust appointed manager
40Application of Public Trust Act 2001
41Application of Maori Trustee Act 1953
42Manager’s powers subject to provisions of personal order
43Manager’s duty to consult
44Effect of manager’s decisions, etc
45Statements required
46Statement to be examined by or on behalf of Public Trust
47Inspection and copying of statements and reports by leave
48Enforcement of manager’s duty to prepare and file statements
49Liability of manager
50Expenses of management and remuneration of managers
51Grants to Public Trustee [Repealed]
52When manager ceases to hold office
53Powers of persons subject to property orders
54Testamentary powers of person subject to property order
55Court may authorise manager to make testamentary disposition for person subject to property order
56Testamentary law otherwise unaffected
57Proceedings, execution, etc, not to proceed without leave of court
58Notional preservation of character of assets converted
59Notional preservation of character of money expended for certain purposes
60Court may make orders for preserving nature and devolution of property
61Termination of notional preservation of character of assets
62Court may settle the beneficial interests of person subject to property order
63Service of copy of application required
64Applications may be joined, etc
65Appointment of lawyer to represent person in respect of whom application made
65AAppointment of lawyer to assist court
65BPayment of lawyer appointed under section 65A
66Calling of pre-hearing conference
67Objectives of pre-hearing conference
68Procedure at pre-hearing conference
69Identification of issues
70Power of presiding Judge to make consent orders
71Power to require attendance at pre-hearing conference
72Privilege
73Presiding Judge may hear subsequent proceedings
74Attendance of person in respect of whom application is made
75Right of person to be heard and call evidence
76Court may call for report on person
77Evidence [Repealed]
78Power of court to call witnesses
79Attendance at hearings
80Publication of reports of proceedings
81Costs
82Court to state whether order is suspended pending appeal
83Right of appeal to High Court
83AProcedure on appeal to High Court
84Further appeal to Court of Appeal
85Appeals to Court of Appeal from decisions of High Court
86Review of personal orders
87Review of property orders
88Procedure on review
89Review of welfare guardian’s or manager’s decisions
90Interpretation
91Powers of Public Trust as to property in New Zealand of incapacitated person in another country
92Appointment of authorised officer in another country
93Resealing in New Zealand
93APurpose of this Part
93BPresumption of competence
94Interpretation
94ACreation of enduring power of attorney
95When power of attorney is an enduring power of attorney
96Enduring power of attorney not revoked by donor’s subsequent mental incapacity
97Enduring power of attorney in relation to property
97AExercise of enduring power of attorney in relation to property
98Enduring power of attorney in relation to personal care and welfare
98AExercise of enduring power of attorney in relation to personal care and welfare
99Both kinds of powers may be given
99AAttorney’s duty to consult
99BAttorney must provide information on exercise of powers
99CAttorney as to property must keep records
99DMedical certification of incapacity
100Enduring powers of attorney subject to personal order and property order
100ASuspension of attorney’s power to act
101Attorney may seek directions from court
102Court’s jurisdiction in respect of an enduring power of attorney
102APersons who may apply for exercise of court’s jurisdiction
103Review of attorney’s decisions
103AValidity of actions under power of attorney not meeting requirements of section 94A or 95
103BEffect of attorney’s decision on third parties
103CEffect of attorney’s actions, etc, before notice of revocation or suspension received
104Disclaimer by attorney
105Court may revoke appointment of attorney
106Circumstances in which enduring power of attorney shall cease to have effect
107Attorney’s power to benefit self and others
108Procedure
108AAEnduring powers of attorney created before Protection of Personal and Property Rights Amendment Act 2007
108AABReview of Protection of Personal and Property Rights Amendment Act 2007
108AInterpretation
108BApproval of court required to settle claims of specified persons
108CApplications for approval of court
108DMoney or damages may be held upon trust
108EMoney or damages held by manager
108FTermination of trust
108GPart does not affect Deaths by Accidents Compensation Act 1952
109Orders may be registered
110Remission of fees in cases of hardship
111Rules of procedure
111ATransitional provision relating to rules
112Regulations
113Reference to Aged and Infirm Persons Protection Act 1912 and Part 7 of the Mental Health Act 1969 in other Acts
114Savings
115Maori Affairs Act 1953 amended [Repealed]
116Repeals
117Transitional provisions
[Repealed]
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