Protection of Personal and Property Rights Act 1988

31 Appointment of manager

(1)

Subject to the succeeding provisions of this section and to sections 31A and 31B, on an application for the exercise of a court’s jurisdiction under this Part, the court may make an order appointing 1 or more suitable persons (whether or not the person or persons proposed in the application) to act as manager of the property, or any specified part of the property, of the person in respect of whom the application is made.

(2)

Where the court appoints 2 or more managers, their responsibility shall be jointly held, unless the court orders otherwise.

(3)

No person under the age of 20 years, and no body corporate other than a trustee corporation, shall be appointed a manager under this section.

(4)

Where the person in respect of whom the application for the exercise of the court’s jurisdiction is made is a patient or resident of a hospital, home, or other institution, the superintendent, licensee, supervisor, or other person in charge of the hospital, home, or other institution shall not be appointed a manager under this section.

(5)

The court shall not appoint any person a manager under this section unless it is satisfied—

(a)

that the proposed appointee is capable of carrying out the duties of a manager in a satisfactory manner, having regard to the needs of the person in respect of whom the application is made, and the relationship between that person and the proposed appointee; and

(b)

that the proposed appointee will act in the best interests of the person in respect of whom the application is made; and

(c)

the proposed appointee consents to the appointment.

(6)

In determining whom to appoint as manager under this section, a court shall take into account any likely conflict between the interests of the proposed appointee and those of the person in respect of whom the application is made.

(7)

So far as is practicable in the circumstances, a court shall ascertain the wishes of the person in respect of whom the application is made when determining whom to appoint as manager under this section.

(8)

In any order made under this section, the court shall specify a date, being not later than 3 years after the date of the order, by which the manager is required to apply to the court for a review of the order.

Section 31(1): amended, on 1 July 1993, by section 362(1) of Te Ture Whenua Maori Act 1993 (1993 No 4).