New Zealand Legislation: Acts

4.47 Procedure when person ceases to be incapacitated person

• (1) The court must make an order terminating the appointment of a litigation guardian if it is satisfied that the person the litigation guardian represents is no longer an incapacitated person.

  (2) The court may make an order at any time—

  • (a) on its own initiative; or

  • (b) on the application of—

    • (i) the incapacitated person; or

    • (ii) his or her litigation guardian; or

    • (iii) a party.

  (3) From the date of the order,—

  • (a) all subsequent steps in the proceeding must be carried on by the person formerly represented by the litigation guardian; and

  • (b) the person formerly represented by the litigation guardian is liable for all the costs of the proceeding (including solicitor and client costs) in the same manner as if he or she had commenced the proceeding or had become a party to the proceeding when he or she was not an incapacitated person.

  Compare: 1908 No 89 Schedule 2 r 94A