Judicature (High Court Rules) Amendment Act 2008 No 90, Public Act

4.46 Retirement, removal, or death of litigation guardian
  • (1) A litigation guardian may retire only with the leave of the court.

    (2) Unless the court otherwise orders, the appointment of a litigation guardian under rule 4.35 ends if another person is subsequently authorised by or under an enactment to conduct the proceeding in the name of, or on behalf of, the incapacitated person.

    (3) A litigation guardian may be removed by the court when it is in the interests of the person he or she represents.

    (4) In the case of retirement, removal, or death of a litigation guardian, no further step may be taken in the proceeding without the leave of the court until the incapacitated person is represented by another litigation guardian.

    Compare: 1908 No 89 Schedule 2 r 94