For the purposes of this Part, every person shall be presumed, until the contrary is proved, to have the capacity—

Subject to subsection (2), a court shall have jurisdiction under this Part in respect of any person who is ordinarily resident in New Zealand and who—

Subject to section 12(3), no court has jurisdiction under this Part in respect of a person who has not attained the age of 18 years and who—

The fact that the person in respect of whom the application is made for the exercise of the court’s jurisdiction has made or is intending to make any decision that a person exercising ordinary prudence would not have made or would not make given the same circumstances is not in itself sufficient ground for the exercise of that jurisdiction by the court.

Any 1 or more of the following persons may apply to a court for the exercise of its jurisdiction under this Part:

The primary objectives of a court on an application for the exercise of its jurisdiction under this Part shall be as follows:

In considering an application for the exercise of its jurisdiction under this Part, a court shall determine whether or not the person in respect of whom the application is made is a person in relation to whom it has jurisdiction under this Part in accordance with section 6.

If the court is satisfied that the person in respect of whom the application is made is a person in relation to whom it has jurisdiction under this Part in accordance with section 6, the court shall determine whether or not it should make an order under section 10 or section 11 or section 12, and (if so) what kind of order or orders, having regard to the primary objectives specified in section 8.

On an application for the exercise of a court’s jurisdiction under this Part in respect of any person, the court may make any 1 or more of the following orders:

Subsection (1) is subject to subsections (2) and (2B).

No person (other than the person in respect of whom the application is made) shall be bound by a personal order unless that person is a party to the proceedings in which the order is made.

No order under section 10(1)(i) may be applied for by any person, or made by the court, solely for the purpose of the commencement of proceedings under the Family Violence Act 2018.

Subsection (2A) overrides any contrary provisions of this Act.

In any order made under any of paragraphs (a) to (i) of subsection (1), the court may specify a date by which the order is to be reviewed by the court; and, if it does so, the court shall also specify in the order the person or persons who is or are to be responsible for applying to the court for a review of the order before the specified date.

Where a court makes any personal order, it may also make such other orders and give such directions as may be necessary or expedient to give effect, or better effect, to the personal order.

Where, on an application to a court for the exercise of its jurisdiction under this Part,—

the court may, subject to subsection (2), by order, appoint any person (but only 1 person) named in the order to administer, on behalf of the person in respect of whom the application is made, any property or income or benefit, belonging to the person or to which that person is or may become entitled, and specified in the order.

No order may be made under this section in respect of either—

Every person who administers any property, income, or benefit pursuant to an order made under this section shall do so in such a way as to enable or encourage the person for whom he or she is acting to exercise and develop such capacity as that person has to the greatest extent possible.

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 person appointed to administer the property is required to apply to the court for a review of the order.

The provisions of subsections (3) to (7) of section 31, sections 37, 43, 44, 49, and 50 (so far as it relates to expenses), and paragraphs (a), (b), and (e) of section 52, so far as they are applicable and with any necessary modifications, shall apply to every person appointed to administer any property under this Act.

An Order in Council under subsection (2)(a) or (b) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Subject to the succeeding provisions of this section, on an application for the exercise of a court’s jurisdiction under this Part, the court may make an order appointing a welfare guardian for the person in respect of whom the application is made in relation to such aspect or aspects of the personal care and welfare of that person as the court specifies in the order.

A court shall not make an order under subsection (1) unless it is satisfied—

A court may make an order under subsection (1) in respect of a person of the kind referred to in section 6(2) if, but only if,—

No person under the age of 20 years, and no body corporate, shall be appointed a welfare guardian under this section.

A court shall not appoint any person as a welfare guardian under this section unless it is satisfied—

The court must not appoint more than 1 welfare guardian for any person unless the court is satisfied that it would be in the best interests of the person to do so.

If the court appoints more than 1 welfare guardian for the same person, those welfare guardians must regularly consult each other.

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 welfare guardian under this section.

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

On an application for the exercise of a court’s jurisdiction under this Part, the court may, instead of making any order under sections 10 to 12, make such recommendations as it thinks fit relating to the course of action that it considers should be followed by the parties or any of them or by the person in respect of whom the application is made.

In any case to which subsection (1) applies, the court shall formally dismiss the application but shall reserve leave to the parties and the person in respect of whom the application is made to apply to the court for directions relating to the implementation of any of the court’s recommendations.

No recommendation made under this section shall be binding on any person.

On an application to a court for the exercise of its jurisdiction under this Part, the court may, either on the motion of the applicant or of its own motion, make an interim order under section 10 or section 11 or section 12, pending the final determination of the application.

Every party to the application, and the person in respect of whom the application is made, shall be given notice of any interim order made pursuant to this section, and shall be entitled to be heard on it.

No interim order made pursuant to this section shall continue in force for more than 6 months after the date on which it is made.

An interim order made pursuant to this section may be varied, discharged, or enforced in the same manner as if it were a final order of the Family Court.

After hearing the parties, and the person in respect of whom the application is made, on any interim order made pursuant to this section, or such of them as wish to be heard, the court may—

On an application for the exercise of a court’s jurisdiction under this Part, the court may make any order under section 10 or section 11 or section 12 or section 14 with the consent of each party to the proceedings, if the court is satisfied that the person in respect of whom the application is made understands the nature and foresees the consequences of the order and consents to it.

Where an application for the exercise of a court’s jurisdiction under this Part is made in respect of any person subject to a property order, any order made by the court under section 10 or section 12 or section 14 shall be binding on the manager of that person’s property; and, in the event of any conflict arising between the powers and duties of the manager under Part 4 and the terms of the personal order, the personal order shall prevail.

In any case to which subsection (1) applies, the manager may apply to a court for the variation, suspension, or discharge of the personal order, or for directions relating to its implementation.

Except as provided in subsections (2) and (3), a personal order shall expire—

Subject to subsection (3), every personal order in which provision is made for the review of the order before a specified date shall expire on that date unless, on a review of the order, the court decides that it should continue beyond that date.

Where, in any case to which subsection (2) applies, an application for a review of the order is made but not determined before the specified date, the order shall remain in force pending the determination of the application.

No court shall empower a welfare guardian, and no welfare guardian shall have power,—

Subject to subsection (1), a welfare guardian shall have all such powers as may be reasonably required to enable the welfare guardian to make and implement decisions for the person for whom the welfare guardian is acting in respect of each aspect specified by the court in the order by which the appointment of the welfare guardian is made.

In exercising those powers, the first and paramount consideration of a welfare guardian shall be the promotion and protection of the welfare and best interests of the person for whom the welfare guardian is acting, while seeking at all times to encourage that person to develop and exercise such capacity as that person has to understand the nature and foresee the consequences of decisions relating to the personal care and welfare of that person, and to communicate such decisions.

Without limiting the generality of subsection (3), a welfare guardian shall—

In addition to subsection (4)(c), where the person for whom the welfare guardian is acting is subject to a property order, the welfare guardian shall consult on a regular basis with the manager of that person’s property to ensure that the interests of that person are not prejudiced through any breakdown in communication between the welfare guardian and the manager.

A welfare guardian may apply to a court for directions relating to the exercise of the powers of the welfare guardian, and the court may give such directions as it thinks fit.

Every decision made by a welfare guardian in the exercise of the powers conferred by or under this Part, and everything done by a welfare guardian in implementation of any such decision, shall have the same effect as it would have had if it had been made or done by the person for whom the welfare guardian is acting and that person had had full capacity to make or do it.

No person dealing with a welfare guardian in respect of any matter within the powers of the welfare guardian shall be concerned to inquire as to the concurrence or otherwise of the person for whom the welfare guardian is acting or of any other person, or be affected by notice that any such person has not concurred.

Subject to subsection (2), no action shall lie against a welfare guardian in respect of anything done or omitted to be done by the welfare guardian in the exercise of the powers conferred by or under this Act, unless it is shown that the welfare guardian acted in bad faith or without reasonable care.

A welfare guardian shall be personally liable in respect of any contract or arrangement entered into with, or liability incurred to, any person if the welfare guardian does not, before entering into the contract or arrangement or incurring the liability, disclose to that person that the welfare guardian is acting in that capacity.

Subject to any order of a court made under subsection (2), all expenses reasonably incurred by a welfare guardian in the exercise of the powers and duties conferred by or under this Act shall be charged against, and payable out of, the property of the person for whom the welfare guardian is acting.

A court may order that any expenses incurred or to be incurred by a welfare guardian in the exercise of the powers and duties conferred by or under this Act shall be met, in whole or in part, out of a Crown Bank Account from money appropriated for the purpose by Parliament; and every such order shall have effect according to its tenor.

A welfare guardian shall cease to hold office—

Where any person is required by a personal order to do anything and that person fails to comply with any of the requirements of the order, any party to the proceedings in which the order was made, or the person in respect of whom the order was made, may apply to a court for the appointment of a welfare guardian.

The function of a welfare guardian appointed under this section shall be to take all reasonable steps to ensure compliance with the order of the court by the person who has so far failed to comply with it.

A court, on appointing a welfare guardian under this section, shall specify in the order by which the appointment is made the date on which the welfare guardian is to cease to act; and on that date the order shall expire.

Subject to the preceding provisions of this section, the provisions of sections 19 to 22, so far as they are applicable and with the necessary modifications, shall apply to a welfare guardian appointed under this section as if the welfare guardian had been appointed under section 12.

For the purposes of this Part, every person shall be presumed, until the contrary is proved, to be competent to manage his or her own affairs in relation to his or her property.

A court shall have jurisdiction under this Part in respect of any property owned by any person—

A court shall also have jurisdiction under this Part in respect of any property situated in New Zealand and owned by any person—

The fact that the person in respect of whom an application is made for the exercise of the court’s jurisdiction is managing or is intending to manage his or her own affairs in relation to his or her property in a manner that a person of ordinary prudence would not adopt given the same circumstances is not in itself sufficient ground for the exercise of that jurisdiction by the court.

In determining whether or not it should exercise its jurisdiction under this Part in relation to any person, a court may have regard to the degree to which the person is subject, or is liable to be subjected, to undue influence in the management of his or her own affairs in relation to his or her property.

Any 1 or more of the following persons may apply to a court for the exercise of its jurisdiction under this Part:

Where—

the superintendent, licensee, supervisor, or other person in charge may give notice of the case to the Registrar of the court.

On receiving any notice under subsection (1), the Registrar may refer the matter to a trustee corporation with a request that the corporation investigate the case and report to the Registrar on—

If the trustee corporation—

the trustee corporation may report accordingly to the Registrar.

On receiving a report under subsection (3), the Registrar shall refer the matter to a Judge who may give to the Registrar all such directions as the Judge considers appropriate to have the matter drawn to the attention of such person or persons described in section 26 as the Judge thinks fit.

The primary objectives of a court on an application for the exercise of its jurisdiction under this Part shall be as follows:

In considering an application for the exercise of its jurisdiction under this Part, a court shall determine whether or not the person in respect of whom the application is made is a person in relation to whom it has jurisdiction under this Part in accordance with section 25.

If the court is satisfied that the person in respect of whom the application is made is a person in relation to whom it has jurisdiction under this Part in accordance with section 25, the court shall determine whether or not to make an order under section 31, and (if so) in relation to what property, having regard to the primary objectives specified in section 28.

If the court decides to make an order under section 31 in relation to any property, it shall determine which of the rights and powers specified in clause 1 of Schedule 1 the manager is to have in respect of that property, what other rights and powers (if any) the manager is to have in respect of that property, and what restrictions (if any) are to be imposed on the exercise of any such rights and powers.

Where a court is satisfied—

the court may make a temporary order under this section.

A temporary order may be made on the application of any person specified in section 26.

It shall not be necessary to serve a copy of an application for a temporary order on the person in respect of whom the order is sought, nor shall that person be entitled to attend, or be heard, or call or cross-examine witnesses in respect of the application, unless the court otherwise orders.

Nothing in sections 66 to 73 shall apply in respect of an application for a temporary order under this section.

If a court makes a temporary order, it shall appoint as temporary manager such fit and proper person (being a person who would be eligible for appointment as manager under section 31) to take possession and control of the property of the person in respect of whom the order is made, or such of that person’s property as may be specified in the order.

Where a court decides to make a temporary order, sections 16, 31, 35 to 53, and 57 shall apply with any necessary modifications.

No temporary order made pursuant to this section shall continue in force for more than 3 months after the date on which it is made.

A temporary order made pursuant to this section may be varied, discharged, or enforced in the same manner as if it were a final order of the Family Court.

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.

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

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.

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.

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

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.

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.

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.

Where a kai tiaki trust is constituted under section 217 of Te Ture Whenua Maori Act 1993 in respect of any interests in Maori land or General land or any shares in a Maori incorporation or any personal property to which any person under disability (within the meaning of Part 12 of that Act) is entitled, no property order made under section 31 and no declaration accepted by a trustee corporation and filed under section 32(3) or section 33(4) shall apply in respect of any such interests or shares or property.

Where it appears to the Family Court that an application for the exercise of the court’s jurisdiction under this Part may result in an order appointing 1 or more persons to act as the manager of—

the court shall refer that application to the Maori Land Court.

Where an application is referred to the Maori Land Court under subsection (1), the Maori Land Court shall treat that application, to the extent that it relates to beneficial interests in Maori freehold land or shares in a Maori incorporation or both, as if it were an application under section 217 of Te Ture Whenua Maori Act 1993 for the constitution of a kai tiaki trust in respect of those interests or shares or both.

Where the Maori Land Court constitutes a kai tiaki trust in respect of any beneficial interests in Maori freehold land or shares in a Maori incorporation,—

Where the Maori Land Court, after considering an application referred to that court under subsection (1), declines to constitute a kai tiaki trust in respect of any beneficial interests in Maori freehold land or any shares in a Maori incorporation to which that application relates, the Family Court may—

Any person who—

may apply in accordance with the succeeding provisions of this section to a trustee corporation to act as manager of that person’s property or of any part of it.

Every application under this section shall be in writing, and shall—

If the trustee corporation is satisfied that—

the trustee corporation may accept the application and file a copy of it with a court within 30 days after the making of the application.

The trustee corporation shall make such inquiries and obtain such reports as it thinks necessary for the purposes of subsection (3).

On the filing of a copy of an application under subsection (3), the trustee corporation shall become the manager of the property specified in the application and shall have and may exercise in respect of that property the rights and powers specified in the application.

A person who may apply for an order under any of paragraphs (b) to (d) and (f) to (h) of section 26 may apply to a trustee corporation to act as manager for any other person in respect of any property of that other person, the gross value of which does not exceed $100,000 or such other amount as is, from time to time, prescribed by Order in Council for the purposes of this subsection.

No application may be made under subsection (1) in relation to any property in respect of which a court does not have jurisdiction under this Part.

Every application under this section shall be in writing, and shall—

If the trustee corporation is satisfied that—

the trustee corporation may accept the application and file a copy of it with a court within 30 days after the making of the application.

The trustee corporation shall make such inquiries and obtain such reports as it thinks necessary for the purposes of subsection (4).

On the filing of a copy of an application under subsection (4), the trustee corporation shall become the manager of the property specified in the application and shall have and may exercise in respect of that property the rights and powers specified in the application.

If, after filing a copy of an application under subsection (6), the gross value of the person’s property is found to exceed $120,000 or such other amount as is, from time to time, prescribed by Order in Council for the purposes of this subsection at the time of such filing, the trustee corporation shall file in the court a memorandum stating that fact, and seeking the leave of the court to withdraw the application.

An Order in Council under subsection (1) or (7) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

A person shall cease to be subject to a property order where—

Where—

the trustee corporation shall inform the welfare guardian or attorney of the receipt of the notice.

The property of a person subject to a property order shall not vest in the manager, but the manager shall be entitled to the possession and management of so much of the property as the order applies to in accordance with the succeeding provisions of this Part.

In managing any property under this Act, the first and paramount consideration of a manager shall be to use the property in the promotion and protection of the best interests of the person for whom the manager is acting, while seeking at all times to encourage that person to develop and exercise such competence as that person has to manage his or her own affairs in relation to his or her property.

Without limiting the generality of subsection (1), so far as is practicable in the circumstances and to encourage the person for whom the manager is acting to develop and exercise such competence as that person has to manage his or her own affairs in relation to his or her property, the manager may allow that person to have control of and deal with any part of the property.

A court may, if it thinks fit, require any manager (other than a trustee corporation), upon appointment or at any time thereafter, to give such security to Public Trust as the court thinks fit for the due performance of the duties of the manager.

The security may be a bond, with or without a surety or sureties, or such other security as the court directs and approves.

A court may at any time, on the application of Public Trust, require a manager to give to Public Trust further or other security for the due performance of the manager’s duties.

A court may at any time give leave to Public Trust to enforce any such security, and Public Trust shall thereupon proceed by action or otherwise to enforce the security accordingly.

All money so received by Public Trust shall be deemed part of the property for which the person is or was the manager, and all costs and expenses so incurred by Public Trust shall be paid out of that property.

Public Trust may commence or institute proceedings against any such manager for any breach of duty, and may apply to the court ex parte for an injunction to restrain any such breach or any threatened breach.

A manager shall have all such rights and powers as the court may confer on the manager in the property order, subject to any restrictions specified by the court in the order.

A manager of the property of a person subject to a property order may apply to a court for directions relating to the exercise of any of the manager’s rights and powers.

Where a manager is, in accordance with this Act, authorised to make an application under section 87 of the Land Transfer Act 2017 to have a transmission registered, the Registrar-General of Land is authorised to accept such an application notwithstanding the fact that the manager is not the person claiming to be entitled to the estate or interest in land.

For the purpose of enabling Public Trust to exercise effectively any of the powers conferred on Public Trust by or under this Act or any other enactment or by any order of the court or by law, or to do any other act or thing that Public Trust is thereby authorised or empowered to do, Public Trust may, either in Public Trust’s own corporate name or in the name and on behalf of the person subject to a property order, exercise the powers in clause 1 of Schedule 2.

The management of the property of a person subject to a property order in respect of which Public Trust is the manager or one of the managers shall be deemed to be placed in Public Trust; and, subject to the provisions of this Act, all the provisions of the Public Trust Act 2001, so far as they are applicable and with any necessary modifications, shall extend and apply accordingly to the management of that person’s property.

All expenses incurred by Public Trust as manager, whether alone or together with any other person or persons, in respect of the maintenance of any person subject to a property order or in the management of the property of any such person, or in the exercise of the powers, authorities, and discretions conferred on Public Trust in respect of that property, shall be charged against and payable out of that person’s property; and, in addition, there shall be payable in respect of that property remuneration and amounts in accordance with Public Trust’s scale of charges.

All such expenses, commissions, and other charges shall be payable out of the estate of the person subject to a property order notwithstanding that the person dies or his or her property otherwise ceases to be under the management of Public Trust before such payment is made.

The management of the property of a person subject to a property order in respect of which the Māori Trustee is the manager or one of the managers shall be deemed to be placed in the Māori Trustee; and, subject to the provisions of this Act, all the provisions of the Maori Trustee Act 1953, so far as they are applicable and with any necessary modifications, shall extend and apply accordingly to the management of that person’s property.

All expenses incurred by the Māori Trustee as manager, whether alone or together with any other person or persons, in respect of the maintenance of any person subject to a property order or in the management of the property of any such person, or in the exercise of the powers, authorities, and discretions conferred on the Māori Trustee in respect of that property, shall be charged against and payable out of that person’s property; and, in addition, there shall be payable in respect of that property the commissions and other charges from time to time prescribed by regulations made under section 48 of the Maori Trustee Act 1953.

All such expenses, commissions, and other charges shall be payable out of the estate of the person subject to a property order notwithstanding that the person dies or his or her property otherwise ceases to be under the management of the Māori Trustee before such payment is made.

Where a property order is made in respect of any person subject to a personal order, the exercise by the manager of the rights and powers conferred by or under this Part shall be subject to the terms of the personal order.

In the management of the property of a person subject to a property order, the manager shall, as far as it may be practicable, consult—

The manager may follow any advice given to the manager by the person for whom the manager is acting or by any other person referred to in subsection (1), and shall not be liable for anything done or omitted by the manager in following that advice, unless done or omitted in bad faith or without reasonable care.

In any case where the manager is of the opinion that any such advice conflicts with his or her duty as manager or with any rule of law or would or may expose the manager to liability or is otherwise objectionable, or in any case where conflicting advice is given to the manager, the manager may apply to a court for directions in the matter, and shall not incur any liability in respect of anything done or omitted to be done in accordance with any such directions.

In any case to which subsection (3) applies, the court may make such order as to costs as it thinks fit.

Nothing in subsection (3) shall oblige the manager to apply to a court for directions.

Without limiting any of the foregoing provisions of this section, where a welfare guardian has been appointed for the person for whom the manager is acting, the manager shall consult on a regular basis with that welfare guardian to ensure that the interests of the person for whom they are acting are not prejudiced through any breakdown in communication between the manager and the welfare guardian.

Every decision made by a manager in the exercise of the powers conferred by or under this Part, and everything done by a manager in implementation of any such decision, shall have the same effect as it would have had if it had been made or done by the person for whom the manager is acting and that person had had full capacity to make or do it.

Without limiting the generality of subsection (1), any contract, agreement, or other arrangement made or entered into by the manager in relation to any property of which he or she is the manager may be enforced in respect of the property, by proceedings (where necessary) brought against the manager in his or her capacity as manager, in the same manner and to the same extent as it could have been enforced if it had been made or entered into by the person for whom the manager is acting and that person had been fully competent to make or enter into it.

No person dealing with a manager in respect of any matter within the powers of a manager shall be concerned to inquire as to the concurrence or otherwise of the person for whom the manager is acting or of any other person or be affected by notice that the person or any other person has not concurred.

For the purposes of this section the term year, in relation to a manager, means a period of 12 months commencing with the date on which his or her managership begins or with an anniversary of that date.

Every manager shall prepare a statement, in the prescribed form and containing the prescribed particulars, and file it in a court together with 2 copies (or together with only 1 copy if, under section 46(1), it is not necessary to send a copy to the person for whom the manager is acting because the court has previously dispensed with service under section 63(2)), as follows:

Notwithstanding anything in subsections (1) and (2)(b), the court may specify both the period of 12 months that, in relation to any managership, is to constitute a year for the purposes of any statement required to be filed under subsection (2)(b) and the transitional arrangements that, in relation to statements required to be filed under subsection (2)(b), are to apply in relation to a change of balance date.

Every manager commits an offence and is liable upon conviction to imprisonment for a term not exceeding 3 years who, in a statement filed under this section, includes any particular knowing it to be false.

Every manager commits an offence and is liable on conviction to a fine not exceeding $1,000 who fails to file a statement when required to do so by subsection (2).

Where any statement is filed in a court under section 45 by any manager who is not a trustee corporation, the Registrar of the court shall forthwith transmit 1 copy of the statement to Public Trust, and (except where the court has previously dispensed with service under section 63(2)) send 1 copy to the person for whom the manager is acting.

Public Trust, or a qualified auditor appointed by Public Trust for the purposes of this section, shall examine a statement transmitted to Public Trust under subsection (1), and shall prepare a report as to whether the statement is correct and, if not, in what respects it is deficient.

A report under subsection (2) shall be filed with the court, and a copy of the report shall be given to the manager who filed the statement.

Public Trust, or a qualified auditor appointed by Public Trust for the purposes of this section, shall have a right of access to the books, accounts, vouchers, securities, or other documents of the manager or in the manager’s custody or under the manager’s control, and to any securities and documents of title held by the manager on account of the person for whom he or she is acting as manager, and may require from the manager such information and explanation as may be necessary.

If any person having the custody or control of any books, accounts, vouchers, securities, or other documents to which Public Trust, or a qualified auditor appointed by Public Trust for the purposes of this section, has a right of access under this section fails or refuses to allow Public Trust or that qualified auditor to exercise such access or in any way obstructs the preparation of a report under subsection (2), a court, on the application of Public Trust or the qualified auditor, may make such order as it thinks appropriate.

The remuneration and expenses of Public Trust, or any qualified auditor appointed by Public Trust for the purposes of this section, shall be such as may be prescribed or (if not so prescribed) as may be determined by the court, and shall, unless the court otherwise orders, be borne by the property of the person for whom the manager is acting; and where the court orders otherwise, such remuneration and expenses shall be borne by the manager personally or be apportioned between the manager and the property of the person for whom the manager is acting, as the court thinks just.

All expenses and costs for which the property of a person subject to a property order is liable under this section shall be a charge on that property, and that charge may be enforced in such manner as the court directs.

Public Trust, or a qualified auditor appointed by Public Trust for the purposes of this section, shall not be liable for any expenses or costs under this section.

In this section, qualified auditor has the same meaning as in section 35 of the Financial Reporting Act 2013.

Any person may, by leave of the court or of the Registrar, inspect or make a copy of the whole or any part of any statement or report filed in a court under section 45 or section 46.

Where a manager fails to file a statement in a court when required to do so by section 45(2), the Registrar of the court shall draw the matter to the attention of a Judge, who must, unless the Judge considers it inappropriate to do so, make an order directing the manager to remedy the default within such time as may be specified in the order.

An order made under subsection (1) may provide that all costs of and incidental to the application shall be borne by the manager.

Nothing in this section shall limit or affect section 45(4).

Subject to subsection (2), no action shall lie against a manager in respect of anything done or omitted to be done by the manager in the exercise of the powers conferred by or under this Act, unless it is shown that the manager acted in bad faith or without reasonable care.

A manager shall be personally liable in respect of any contract or arrangement entered into with, or liability incurred to, any person if the manager does not, before entering into the contract or arrangement or incurring the liability, disclose to that person that the manager is acting in that capacity.

All expenses properly incurred by a manager under this Part shall be charged against and payable out of the property of the person for whom the manager is acting.

Except as provided by any other Act, no manager shall be entitled to remuneration for his or her services unless a court otherwise directs, either in the property order or by a subsequent order.

All such expenses, remuneration, and other charges shall be payable out of the property of the person for whom the manager is acting, although the person dies or the property otherwise ceases to be under the management of the manager before such payment is made.

A manager shall cease to hold office as manager under this Part—

Subject to section 36(2), a person subject to a property order shall be incapable of exercising personally any of the powers vested in the manager in respect of any property to which the manager’s powers extend.

Every transfer, lease, mortgage, or other disposition of property, and every contract (except for necessaries), made or entered into by a person subject to a property order who, by virtue of subsection (1) does not have the capacity to make or enter into it shall, unless it is made or entered into with the leave of a court, be avoidable by that person or by the manager acting for that person.

A court may give leave to any person subject to a property order to make any such transfer, lease, mortgage, or other disposition, or to enter into any such contract, if the court is satisfied that the transaction is for the person’s benefit and that the person consents to it with adequate understanding of its nature.

A manager shall not be entitled to avoid any transaction under subsection (2) in any case where an application in writing has been made to the manager by any party to the transaction requiring the manager to decide whether or not to avoid the transaction, and the manager has, for a period of 28 days after the receipt of the application or such extended period as may be allowed by a court, failed to give to that party notice whether the manager is avoiding the transaction or not.

If the manager, after any such application, does not, within the period or extended period referred to in subsection (4), avoid the transaction, the manager shall be deemed to have continued it.

Subject to subsection (8), if any transaction is avoided under subsection (2), a court, on the application of any party to the transaction or of the manager, may make such orders as it thinks just for the purpose of adjusting the rights of the parties and of any other person who has received any property or money comprised in the transaction (not being a person who has received the property or money from a party in good faith and for valuable consideration or who claims through such a person).

Without limiting the generality of subsection (6), on an application under that subsection, a court may make an order for the restitution or transfer or payment by or to the person subject to a property order or the manager or any other person of any property or money, in whole or in part, or of any sum representing the value, in whole or in part, of any such property.

Relief under subsections (6) and (7) may be denied wholly or in part if the person from whom relief is sought received the property or money in good faith and has so altered his or her position in reliance on having received an indefeasible interest in it that, in the court’s opinion, it would be inequitable to grant relief, or to grant relief in full, as the case may be.

For the purposes of subsection (2), the question whether goods or services are necessaries is a question of fact.

Without limiting the generality of section 4, a person subject to a property order shall not, by reason only of being subject to that order, be incapable of making testamentary dispositions.

A court may direct that a person subject to a property order may make a testamentary disposition only by leave of the court; and, in such a case, a testamentary disposition made without the leave of the court shall be ineffective for all purposes.

The court may grant leave to make a testamentary disposition under subsection (2) in respect of a testamentary disposition already made or to be made.

The court may cause inquiries to be made as to the existence of any testamentary disposition made by a person subject to a property order before the making of the property order (whether such testamentary disposition was made before or after the passing of this Act), and may direct that any such testamentary disposition shall be deposited in the court.

If it appears to the court that a testamentary disposition was made when the person was unable to manage his or her own affairs in relation to his or her property, the court may cause inquiries to be made, in such manner as the court thinks fit, whether that testamentary disposition expresses the present desire and intention of the person.

If the court is satisfied that the testamentary disposition does not express the present desire and intention of the person, a court may, in any case where such a course is possible, cause the present desire and intention of the person to be ascertained to the court’s satisfaction, and may authorise the execution by the manager under section 55 of a new testamentary disposition of that person’s estate in accordance with that present desire and intention.

Where the court has given a direction under section 54(2) that a person subject to a property order may make a testamentary disposition only by leave of the court, or the court is satisfied that such a person lacks testamentary capacity, the court may authorise the manager acting for that person to execute a will for and on behalf of that person in such terms as the court directs.

Before a court authorises a manager to execute a testamentary disposition under subsection (1), it shall settle the proposed terms of the testamentary disposition provisionally, and hear such persons who wish to be heard and whom the court is satisfied have a proper interest in the matter.

A testamentary disposition executed by a manager under this section may, while the person continues to lack testamentary capacity, be varied, or revoked and substituted, by another testamentary disposition authorised by the court and executed by the manager in the same manner as the original testamentary disposition.

Any testamentary disposition executed by a manager under this section shall be—

The following provisions apply to a testamentary disposition authorised and executed under this section:

The Law Reform (Testamentary Promises) Act 1949, the Family Protection Act 1955, and all other enactments and rules of law relating to the estates of deceased persons shall apply in respect of any testamentary disposition executed under this section as if the person to whom it relates had had testamentary capacity and had executed the testamentary disposition in accordance with law.

Notwithstanding paragraph (c) of subsection (4), a testamentary disposition that is signed in accordance with paragraph (a) of that subsection, and attested and subscribed in accordance with paragraph (b) of that subsection, shall be valid notwithstanding that the person to whom the testamentary disposition relates dies before it is sealed with the seal of the court so long as the terms of the testamentary disposition accord with the directions of the court.

A testamentary disposition authorised and executed in accordance with this section shall continue to have effect, until it is revoked, notwithstanding that the person to whom it relates has ceased to be subject to a property order.

Except as provided in sections 54 and 55, nothing in this Act shall affect the law relating to testamentary dispositions.

From the date on which an application is made for a property order in respect of any person, no person shall, without the leave of a court,—

This section shall also apply to a company and its property, and to any subsidiary of a company and the subsidiary’s property, where the person in respect of whom the application is made is a member of the company and holds more than 50% of its issued shares.

For the purposes of subsection (2),—

Where any property (including money) is derived from any sale, mortgage, charge, or other disposition of any other property belonging to a person subject to a property order pursuant to any powers conferred by or under this Act or any former corresponding Act, the person whose property is so disposed of, and anyone claiming through that person, shall have the same interest in the property so derived, so far as it has not been applied or spent or disposed of in accordance with any powers so conferred, as he or she would have had in the property disposed of if no disposition had been made, and the surplus property so derived shall be deemed to be of the same nature as the property disposed of.

In any such case, the manager may, for the purpose of giving better effect to the provisions of subsection (1), carry to a separate account an amount representing the property so derived, or any balance for the time being remaining.

While an amount stands to the credit of that separate account, any payments from the property of the person subject to a property order shall be made out of any other property properly available for the purpose, except so far as the manager decides that the payment should be made wholly or partly from the separate account.

Subject to subsection (5), this section shall apply in all cases, whether the property was so derived before or after the commencement of this Act, but shall not apply to any property so derived by the disposition of any property belonging to a mentally defective person who died before 18 October 1957 (being the date of the commencement of the Mental Health Amendment Act 1957), unless the court had, in the lifetime of that person, made an order that would have been authorised by section 60 if it had then been in force.

No distribution that has been made before the commencement of this Act of property affected by any such order shall be disturbed by reason of this section or of section 59 or section 60.

This section shall not apply to income arising from any such property so derived during the lifetime of the person subject to a property order.

A court shall have power to order that the whole or any part of any money expended or to be expended for—

shall be a charge upon the property, but so that no right of sale during the lifetime of the person shall be conferred by the charge.

The charge may include interest on the money if the court thinks fit, and the court may give directions regarding payment of interest.

The charge may take effect in favour of a person as trustee for the person subject to a property order as part of that latter person’s personal estate or of a specified part thereof.

At any time before the death of a person in respect of whom the court has made an order under this section, and whether or not that person is still subject to a property order, the court may vary or discharge the charge and give any consequential directions.

Nothing in this section shall apply to any mortgage or charge in favour of any other person who advances the money, nor shall it restrict the operation of section 56 of the Public Trust Act 2001 or affect any charge created by subsection (4) of that section.

A court shall have power, in the management of the property of a person subject to a property order, to make such orders as it thinks fit for the purpose of preserving the nature, quality, tenure, and devolution of the property or of any part of it.

Without limiting the generality of subsection (1), a court may direct that any money shall be carried to a separate account, and may declare the notional character that the money in that account bears, and may order such assurances and things to be executed and done as it thinks expedient.

At any time before the death of the person subject to a property order, and whether or not he or she is still subject to such an order, the court may vary or discharge the order, and give any consequential directions.

Section 58 shall cease to apply to any capital money, and any charge on property created under an order of the court made under section 59 shall be extinguished, and any order of the court made under section 60 shall cease to have effect, if, at any time after section 58 became applicable to the capital money, or the charge came into existence, or the order was made, as the case may be (in this section referred to as a subsequent time), the person subject to a property order has been entitled for any continuous period of 12 months to manage the capital money, or the property charged, or the money or other property affected by the order, as the case may be.

If the person subject to a property order has not been so entitled, section 58 shall continue to apply to any of his or her capital money to which it has become applicable, and any such charge or order shall continue to exist and have effect, except so far as the person has, at any subsequent time, while having the necessary capacity to do so,—

This section shall not limit or affect any power of the court under section 59 or section 60 to vary or discharge any such charge or order.

Subsection (2) shall have effect whether or not the person continues to be subject to a property order or to be entitled to manage all or any of his or her money and other property.

A court may direct a settlement to be made of all or any of the property of a person subject to a property order on such trusts and subject to such powers and provisions as the court may think fit; and, in particular, the court may give such directions—

A court may direct the transfer by way of gift of any of the property of a person subject to a property order for the maintenance and benefit of members of the person’s family or for the provision of other persons or purposes for whom or which the person might be expected to provide if he or she were able to manage his or her own affairs in relation to his or her property.

A court may direct the manager, to execute any transfer or other instrument, and to do any other act or thing, that may be required for giving effect to the transfer or settlement, in the name and on behalf of the person, and for that purpose may make a vesting order or appoint a person to convey; and any settlement or transfer approved by the court shall be as effectual and binding on all persons interested as if it had been made by the person while of full competence.

This section applies whether or not the person has executed a testamentary disposition and notwithstanding that it is not known whether the person has executed such a disposition or not, but does not apply when the person is a minor who is not married or in a civil union.

An application to a court for an order under this section may be made by any of the following persons:

Subject to making due provision for the maintenance of the person subject to a property order in accordance with his or her means and way of life, whether out of the capital or income of the property settled or other property or partly in one way and partly in another, and to providing, by means of a power of appointment or revocation, or otherwise, for the possibility of the person recovering full competence to manage his or her own affairs in relation to his or her property, the court may, in making any order under this section, have regard to all or any of the following matters:

At any time before the death of a person in respect of whom it has made an order under this section, and whether or not he or she is still subject to a property order, the court may, in respect of any property remaining subject to the trusts of a settlement made under this section, on being satisfied that any material fact was not disclosed to the court when the settlement was made, or on account of any substantial change in circumstances, by order vary the settlement in such manner as it thinks fit, and give any consequential directions.

Without limiting the provisions of section 111, rules of court may be made for all or any of the following purposes:

Where an application is made for the exercise of a court’s jurisdiction under this Act, a copy of the application shall be served on the following persons:

The court may dispense with service under subsection (1)(a) where it is satisfied that—

Any person served with proceedings under subsection (1) shall be entitled to appear and be heard as a party to the proceedings.

Applications under Parts 1 and 3 may be joined, and, subject to any rules of court, it shall not be necessary to file separate applications.

A court may hear and determine any proceedings before it under Part 1 in conjunction with any proceedings under Part 3 in any case where both proceedings are in respect of the same person, whether or not the parties to the proceedings are the same.

If it appears to a court hearing an application under Part 1 that a property order should be made, either in addition to or instead of a personal order, or if it appears to a court hearing an application under Part 3 that a personal order should be made, either in addition to or instead of a property order, the court may make all such orders and give all such directions as may be necessary to facilitate the hearing of an application under Part 3 or (as the case may require) Part 1.

On an application for the exercise of the court’s jurisdiction under this Act, a court or the Registrar of a court must appoint a lawyer to represent the person in respect of whom the application is made, unless the court or the Registrar is satisfied that the person has retained or will retain a lawyer.

So far as may be practicable, it shall be the duty of the lawyer appointed under subsection (1) to—

A lawyer appointed under this section may call any person as a witness in the proceedings, and may cross-examine witnesses called by any party to the proceedings or by the person in respect of whom the application is made or by the court.

Fees for professional services provided by lawyers appointed under this section, and reasonable expenses incurred,—

An invoice for fees and expenses submitted for payment by a lawyer appointed under this section must be given to a Registrar of the court, and the Registrar processing the invoice may decide to adjust the amount of the invoice.

If the lawyer is dissatisfied with the decision of the Registrar as to the amount of the invoice, the lawyer may, within 14 days after the date of the decision, apply to a Family Court Judge to review the decision; and the Judge may make such order varying or confirming the decision as the Judge considers fair and reasonable.

Notwithstanding subsection (5), the court shall have regard to the means of any party to the proceedings or the person in respect of whom the application is made, and shall, if it thinks proper, order any party or the person to refund to the Crown such amount as the court specifies in respect of any fees or expenses paid under that subsection; and the amount ordered to be refunded shall be a debt due to the Crown by that party or by that person and shall be recoverable accordingly in any court of competent jurisdiction.

In any proceedings under this Act, a court may—

The fees and expenses of any lawyer appointed under section 65A must—

An invoice for fees and expenses submitted for payment by a lawyer appointed under section 65A must be given to a Registrar of the court, and the Registrar processing the invoice may decide to adjust the amount of the invoice.

A lawyer who is dissatisfied with the decision of the Registrar as to the amount of the invoice may, within 14 days after the date of the decision, apply to a Family Court Judge to review the decision, and the Judge may on the application make any order varying or confirming the decision that the Judge considers fair and reasonable.

Where the fees and expenses of a lawyer appointed under section 65A have been paid under subsection (1)(b), the court may, if it thinks it appropriate, order a party to the proceedings to refund to the Crown an amount that the court specifies in respect of those fees and expenses, and the amount ordered to be refunded is a debt due to the Crown by that party and, in default of payment of that amount, payment may be enforced, by order of the District Court or the High Court, as the case may require, in the same manner as a judgment of that court.

When an application for the exercise of the court’s jurisdiction under this Act has been filed in a court, any of the following persons may request the Registrar to convene a pre-hearing conference:

When an application for the exercise of the court’s jurisdiction under this Act has been filed in a court, any Family Court Judge may direct the Registrar to convene a pre-hearing conference.

On receiving a request under subsection (1) or a direction under subsection (2), the Registrar shall—

The objectives of a pre-hearing conference shall be—

Every pre-hearing conference shall be presided over by a Family Court Judge.

The barrister or solicitor representing the person in respect of whom the application is made shall be present at the pre-hearing conference to assist and advise that person (if that person is present) or to represent that person (if that person is not present).

Subject to any direction by the presiding Judge to the contrary, any barrister or solicitor representing any other party to the application may be present at the pre-hearing conference to assist and advise that party.

Subject to any direction by the presiding Judge to the contrary, every pre-hearing conference shall be held in private.

The presiding Judge may from time to time adjourn a pre-hearing conference to such time and place as the Judge may determine.

If the parties at a pre-hearing conference agree on the nature of the problem for which an order of the court is sought, and on the solution for that problem, the presiding Judge shall record in writing the terms of the agreement.

Where agreement is not reached on all matters, the presiding Judge shall record in writing those matters on which there is agreement and those matters on which there is no agreement.

In every case, the presiding Judge shall state in the record whether or not—

The record made by the presiding Judge under subsection (1) or subsection (2) shall be filed in the District Court in which the relevant application is filed.

Subject to subsection (2), at a pre-hearing conference the presiding Judge may, by consent of the parties, make any orders that could have been made by the Family Court exercising jurisdiction under this Act.

The presiding Judge shall not make an order under subsection (1) unless the Judge is satisfied that the person in respect of whom the application is made understands the nature and foresees the consequences of the order and consents to the order.

An order made under this section shall for all purposes have the same effect as if it were made by consent in proceedings before the Family Court.

Where a person fails to comply with a request under section 66 to attend a pre-hearing conference, a District Court Judge may, on the request of the Registrar of the court, issue a summons requiring the person to attend a pre-hearing conference at a time and place to be specified in the summons.

Section 159 of the Criminal Procedure Act 2011 applies to a summons under this section as if it were a witness summons issued under that section.

No evidence shall be admissible in any court, or before any person acting judicially, of any information, statement, or admission disclosed or made in the course of a pre-hearing conference.

Nothing in subsection (1) shall apply to a record made by a Family Court Judge under section 69, or to any consent order made under section 70, or to any proceedings for the review of such an order.

The Family Court Judge who presides over a pre-hearing conference shall be entitled to hear any subsequent proceedings under that application unless in all the circumstances the Judge decides, of the Judge’s own motion or on application by any party,—

The person in respect of whom an application for the exercise of the court’s jurisdiction under this Act is made shall be present throughout the hearing unless excused or excluded by the court under subsection (2) or subsection (3).

The court may excuse the person if it is satisfied that—

The court may exclude the person if it is satisfied that the person is causing such a disturbance that it is not practicable to continue with the hearing in the presence of that person.

The court may exercise its discretion to excuse or exclude the person at any stage of the hearing.

The person shall be present while the court makes any order upon the application unless—

Where the person in respect of whom an application for the exercise of the court’s jurisdiction under this Act is made is not a party to the application, the person shall be entitled to be heard by the court, whether in person or through a barrister or solicitor, and to call witnesses, and to cross-examine any witness called by any party to the proceedings.

Without limiting anything in subsection (1), where the person is present and appears capable of addressing the court, the court shall give the person an opportunity to do so; and, in any such case, the court may, if it thinks it desirable to do so, require any parent or guardian of that person, or any other person with whom that person is living, or any barrister or solicitor representing any such parent, guardian, or other person, to withdraw from the court while the person is addressing the court.

Nothing in this section shall limit or affect the rights of the person in respect of whom the application is made where the person is a party to the proceedings.

On an application for the exercise of the court’s jurisdiction under this Act, a court may, if it is satisfied that it is necessary for the proper disposition of the application,—

In deciding whether or not to request a report or make a direction under subsection (1), a court may ascertain and have regard to the wishes of the parties and of the person in respect of whom the application is made.

A copy of any report obtained under this section shall be given by the Registrar of the court to—

A report given to a lawyer under subsection (3) shall not be given or be shown to the person for whom the lawyer is acting if the court so orders.

Fees for reports prepared pursuant to a request under subsection (1), and reasonable expenses incurred,—

Any amount of any fees and expenses ordered to be paid by any party under subsection (5)(b) shall, if paid by the Crown, be a debt due to the Crown by that party and, in default of payment of the amount, payment thereof may be enforced, by order of the District Court or the High Court as the case may require, in the same manner as a judgment of that court.

Any party to the proceedings, or the person in respect of whom the application is made, or any lawyer appointed under section 65A may tender evidence on any matter referred to in any such report.

The court may call the person making the report as a witness, either of its own motion or on the application of any party or the person in respect of whom the application is made.

Without limiting anything in section 77, in respect of any application for the exercise of the court’s jurisdiction under this Act, a court may, of its own motion, call as a witness any person whose evidence may in its opinion be of assistance to the court.

A witness called by a court under this section shall have the same privilege to refuse to answer any question as the witness would have if the witness had been called by a party to the proceedings.

A witness called by a court under this section may be examined and re-examined by the court and may be cross-examined by or on behalf of any party to the proceedings or the person in respect of whom the application is made.

Sections 159 and 161 to 165 of the Criminal Procedure Act 2011, so far as they are applicable and with the necessary modifications, shall apply with respect to every person called as a witness by the court under this section as if that person had been called by a party to the proceedings.

The expenses of any witness called by a court under this section shall be paid in the first instance, in accordance with the prescribed scale of witnesses’ expenses, out of public money appropriated by Parliament for the purpose.

The following persons may attend a hearing of an application under this Act:

The Family Court Judge must agree to a request under subsection (1)(i) unless the Judge considers there is a good reason why the named support persons should not be permitted to be present.

No support persons may help a party conduct his or her case.

If, during a hearing, the Family Court Judge requests a person of any of the following kinds to leave the courtroom, the person must do so:

Nothing in this section limits any other power of the court—

Sections 11B to 11D of the Family Court Act 1980 apply to the publication of a report of any proceedings under this Act—

Subject to any other provision of this Act, a court, on the hearing of any proceedings before it under this Act, may make such order as to costs as it thinks fit.

When a court makes a personal order or a property order, it shall state in the order whether, in the event of an appeal being lodged, the order is or is not to be suspended in whole or in part pending the determination of the appeal.

If, on an application for the exercise of the court’s jurisdiction under this Act, the court makes or refuses to make an order, or dismisses or otherwise finally determines the proceedings, a party to the proceedings or the person in respect of whom the application was made may appeal to the High Court against the order or other decision of the court.

If the court makes an interlocutory or interim order, a party to the proceedings or the person in respect of whom the application was made may, with the leave of the court, appeal to the High Court against the order.

The High Court Rules 2016 and sections 126 to 130 of the District Court Act 2016, with all necessary modifications, apply to an appeal under subsection (1) or (2) as if it were an appeal under section 124 of that Act.

On the ex parte application of the appellant, the court may order that the appellant must not be required under section 126(1) of the District Court Act 2016 to give the Registrar of the High Court security for costs.

Subsection (4) overrides subsection (3).

The High Court Rules 2016 and sections 127 to 130 of the District Court Act 2016, with all necessary modifications, apply to an appeal under section 83.

A party to an appeal under section 83 may, with the leave of the Court of Appeal, appeal to the Court of Appeal against any determination of the High Court in the appeal.

Where—

a party to the proceedings or the person in respect of whom the application was made may, within 28 days after the making of the order or decision or within such further time as the Court of Appeal may allow, appeal to the Court of Appeal against the order or decision.

Every appeal under subsection (1), except an appeal upon a question of law, shall be by way of rehearing of the original proceedings as if the proceedings had been properly commenced in the Court of Appeal.

Without limiting anything in sections 10(3), 11(4), and 12(7), the following persons may at any time apply to a court for a review of any personal order, whether made by consent or otherwise:

Without limiting the discretion of the court on any application under subsection (1), but subject to subsection (3), on an application made pursuant to section 10(3) or section 11(4) or section 12(7), the court shall review—

Notwithstanding anything in subsection (2), where an application for review is made to provide for a new welfare guardian to be appointed in place of the present welfare guardian, the court shall not be obliged to review (but may review) the matters specified in that subsection.

On any application for the review of a personal order, the primary objectives of the court shall be those set out in section 8.

Subject to subsection (6), on any application for review of a personal order, a court may—

The power to vary an order under subsection (5)(a) or to make an order under subsection (5)(d) includes the power to substitute a new welfare guardian in place of the welfare guardian named in the original or any subsequent order.

On any application to which subsection (2) applies, the court shall not make any order that would extend the effect of the original order beyond the date on which it would otherwise expire unless the court is satisfied, having regard to the relevant provisions of Part 1, that the order continues to be necessary in the interests of the person in respect of whom it was made.

If the court does make an order that extends the effect of the original order beyond the date on which it would otherwise have expired, the following provisions shall apply:

Where a trustee corporation—

the trustee corporation shall, in accordance with subsection (1A), file in the court the reports specified in subsection (1B).

The reports required by subsection (1) shall,—

The reports required under subsection (1) comprise—

If, after consideration of the reports filed in accordance with subsection (1), the court is of the opinion—

the court may order that the order be discharged or that the order be extended with such variation, if any, as the court may direct.

Notwithstanding subsections (1) to (1C), where the reports are filed under subsection (1)(a), the court may if it thinks fit, either on its own motion or on the application of a person specified in subsection (2), direct that a full review of the case be undertaken and subsections (3) to (10) shall apply with any necessary modification to every such review as if the original application filed in the court were an order made by the court.

Notwithstanding subsections (1) to (1C), where the reports are filed under subsection (1)(b), the court may if it thinks fit, either on its own motion or on the application of a person specified in subsection (2), direct that a full review of the case be undertaken and subsections (3) to (10) shall apply.

In any case other than a case in which reports have been filed under subsection (1) in relation to a person subject to a property order, any person who, under a property order, is the manager of any property and who is of the opinion that the property order should be discharged may file in the court—

If, after consideration of the reports filed in accordance with subsection (1F), the court is of the opinion—

the court may order that the order be discharged.

Notwithstanding subsections (1F) and (1G), where an application is made under subsection (1F), the court may if it thinks fit, either on its own motion or on the application of a person specified in subsection (2), direct that a full review of the case be undertaken and subsections (3) to (10) shall apply.

Without limiting anything in section 31(8) or in subsections (1) to (1H), the following persons may at any time apply to a court for a review of any property order, whether made by consent or otherwise:

Without limiting the discretion of the court on any application under subsection (2), but subject to subsection (4), on an application made pursuant to section 31(8) or where the court directs under subsection (1D) or subsection (1E) or subsection (1H) that a full review of a case be undertaken, the court shall review the competence of the person subject to the property order to manage his or her own affairs in relation to his or her property.

Notwithstanding anything in subsection (3), where an application for review is made to provide for a new manager to be appointed in place of the present manager, the court shall not be obliged to review (but may review) the matters specified in that subsection.

On any application for the review of a property order, the primary objectives of the court shall be those set out in section 28.

Subject to subsection (7), on any application for review of a property order, a court may—

On any application to which subsection (3) applies, the court shall not make any order that would extend the original order beyond the date on which it would otherwise expire unless the court is satisfied, having regard to the relevant provisions of Part 3, that the order continues to be necessary in the interests of the person in respect of whom it was made.

If the court does make an order that extends the effect of the original order beyond the date on which it would otherwise have expired, the court shall specify a date, being 5 years or, if the court considers it appropriate, a lesser period after the date of the new order, by which the manager is to apply to the court for a further review of the original order.

No order to which subsection (8) applies shall automatically expire by reason only of the fact that the date specified for the first review or any further review has been reached.

On any application for the review of any personal order or property order, the provisions of sections 63 to 65A and 74 to 81, so far as they are applicable and with any necessary modifications, shall apply.

A person for whom a welfare guardian or a manager is acting, and any other person with the leave of the court, may at any time apply to a court to review any decision made by the welfare guardian or manager, and the court may, if it thinks it reasonable to do so in all the circumstances, review the decision and make such order as it thinks fit.

An order made under subsection (1) shall have effect according to its tenor.

In this Part, unless the context otherwise requires,—

The Governor-General may from time to time, by Order in Council, apply the provisions of this section, subject to any exceptions and modifications specified in the order, to any country specified in the order.

If an authorised officer of any country in respect of which an Order in Council under subsection (1) is for the time being in force—

Public Trust shall, subject to any exceptions and modifications specified in the Order in Council, have and may exercise over and in respect of the property all the powers, authorities, and discretions conferred on Public Trust by or under this or any other Act or by law, to the like extent and in the same manner as if the incapacitated person were a person subject to a property order and Public Trust had been appointed as the manager of that person’s property with full rights and powers in respect of that property.

Subject to subsection (4), the powers, duties, and functions of Public Trust shall cease when Public Trust receives from an authorised officer in that country a certificate that the person to whom the certificate mentioned in subsection (2) related has died or is no longer an incapacitated person in that country.

Public Trust may pay over or deliver to an authorised officer in that country the balance of money or property received by Public Trust, after payment of all costs, charges, and expenses incurred in and about the exercise of those powers and after satisfying or providing for the debts and claims of all persons resident in New Zealand of whose debts or claims Public Trust has had notice, without seeing to its application and without incurring any liability in regard to any such payment or delivery; and shall duly account for it to such officer.

An Order in Council under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

If it appears to the manager of a person subject to a property order in New Zealand that the person is possessed of or entitled to or interested in property in any country in respect of which an Order in Council under section 91(1) is for the time being in force, the manager may deliver to an authorised officer in that country a certificate to the effect that the person is subject to a property order, and may by instrument in writing under his or her hand (or seal, if a trustee corporation) authorise that officer to collect, manage, sell, or otherwise dispose of and manage such property, or to make inquiry respecting it.

The Governor-General may from time to time, by Order in Council, apply the provisions of this section, subject to any exceptions and modifications specified in the order, to any country specified in the order.

When any Order in Council under subsection (1) is for the time being in force in respect of any country, a copy of any order or declaration made by a court of competent jurisdiction under the law of that country in the exercise of its jurisdiction in respect of incapacitated persons or their estates may be deposited with a Registrar of a court in New Zealand and shall thereupon, subject to the payment of any prescribed fees, be sealed with the seal of that court.

On the sealing of the order or declaration under subsection (2), it shall, subject to subsection (4) and to any exceptions or modifications specified in the Order in Council, have the like force and effect and have the same operation, and every master, curator, administrator, guardian, committee, manager, or receiver acting under it shall perform the same duties and be subject to the same liabilities in New Zealand, as if it had been originally made by the court in New Zealand.

No such master, curator, administrator, guardian, committee, manager, or receiver appointed under any such order shall have or exercise any power or authority under it in New Zealand after it has been so sealed until his or her appointment has been confirmed by a court in New Zealand, which confirmation may be granted on such terms as the court thinks fit or may be refused.

This section shall apply to such orders and declarations, whether made before or after the commencement of this Act.

An Order in Council under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

The purpose of this Part is to enable a person (the donor) to—

Accordingly, this Part—

For the purposes of this Part, every person is presumed, until the contrary is shown,—

A person must not be presumed to lack the competence described in subsection (1)(a) just because the person manages or intends to manage his or her own affairs in relation to his or her property in a manner that a person exercising ordinary prudence would not adopt in the same circumstances.

A person must not be presumed to lack the capacity described in subsection (1)(b) just because the person makes or intends to make a decision in relation to his or her personal care and welfare that a person exercising ordinary prudence would not make in the same circumstances.

A person must not be presumed to lack the competence described in subsection (1)(a) or, as the case may be, the capacity described in subsection (1)(b), just because the person is subject to compulsory treatment or has special patient status under the Mental Health (Compulsory Assessment and Treatment) Act 1992.

For the purposes of this Part, the donor of an enduring power of attorney is mentally incapable in relation to property if the donor is not wholly competent to manage his or her own affairs in relation to his or her property.

For the purposes of this Part, the donor of an enduring power of attorney is mentally incapable in relation to personal care and welfare if the donor—

Nothing in subsection (1) or (2) affects any rule of law relating to capacity to give or to revoke a power of attorney.

In this Part—

This section applies only to a power of attorney executed after the commencement of section 7 of the Protection of Personal and Property Rights Amendment Act 2007.

The instrument creating an enduring power of attorney—

The instrument must be signed—

The signature of the donor must be witnessed by a person who, subject to subsection (8), is independent of the attorney (or of each attorney) and who is—

If 2 people appoint each other as attorney, the witness to the signature of one person as donor (witness A) does not fail to be independent for the purposes of subsection (4) by reason only that the witness to the signature of the other person as donor—

The signature of an attorney must be witnessed by a person other than the donor or the donor’s witness.

Before the donor signs the instrument, the witness to the donor’s signature must explain the effects and implications of the enduring power of attorney to the donor, and advise the donor of—

If regulations made under section 112(bab) prescribe a form of standard explanation for any of the matters required to be explained to a donor under subsection (6), the witness to the donor’s signature may give the explanation by—

The witness to the donor’s signature must certify on the prescribed form for the certificate referred to in subsection (2)(b) that—

Despite subsection (4),—

A legal executive who witnesses the donor’s signature—

Except as otherwise provided in this section, a power of attorney that meets the requirements of section 94A is an enduring power of attorney.

A power of attorney purporting to be an enduring power of attorney has effect even though it is not in the prescribed form, but only if—

A power of attorney shall not have effect as an enduring power of attorney unless the attorney, when signing the instrument creating it, is—

A power of attorney delegating trustee powers, authorities, and discretions under section 70 of the Trusts Act 2019 shall not have effect as an enduring power of attorney.

A power of attorney that gives the attorney the right to appoint a substitute or a successor shall not have effect as an enduring power of attorney; but an enduring power of attorney may provide for successive attorneys, the appointment of one being conditional upon the cessation of the appointment of another.

A power of attorney executed before the commencement of this Act shall not have effect as an enduring power of attorney.

If an enduring power of attorney states that it revokes an earlier enduring power of attorney and both powers of attorney are of the same kind, they both continue to have effect until the earlier power of attorney is revoked by notice given in the manner set out in subsection (2) or ceases to have effect by any of the other ways listed in section 106(1).

Notice revoking an earlier power of attorney is given when a copy of the later power of attorney is given to the attorney or attorneys appointed under the earlier power of attorney and, to avoid doubt, the notice may be given by a person other than the donor, for example, the donor’s lawyer or one of the attorneys appointed under the later power of attorney, including in the event that the donor becomes mentally incapable.

This section applies to any enduring power of attorney, whether executed before or after this section comes into force.

For the purposes of this section, of the same kind, in relation to 2 enduring powers of attorney, means—

An enduring power of attorney shall not be revoked by the donor’s subsequent mental incapacity, but shall continue to have effect according to its tenor.

A donor of an enduring power of attorney may authorise the attorney to act generally in relation to the whole or a specified part of the donor’s affairs in relation to his or her property, or to act in relation to specified things on the donor’s behalf, and in either case such authorisation may be given subject to conditions and restrictions.

Where a donor of an enduring power of attorney authorises the attorney to act generally in relation to the whole or a specified part of the donor’s affairs in relation to the donor’s property, the attorney shall have authority to do anything on behalf of the donor that the donor can lawfully do by an attorney, but subject to sections 100 and 107 and to any conditions or restrictions contained in the enduring power of attorney.

Where a donor of an enduring power of attorney has become mentally incapable, the attorney shall be authorised to make an application under section 87 of the Land Transfer Act 2017 to have a transmission registered where the attorney believes that the donor is entitled to any estate or interest in land by virtue of that transmission, and the Registrar-General of Land is authorised to accept such an application notwithstanding the fact that the attorney is not the person claiming to be entitled to the estate or interest in land.

A donor of an enduring power of attorney may—

If subsection (4)(b) applies, the attorney must not act in relation to the donor’s property unless a relevant health practitioner has certified, or the court has determined, that the donor is mentally incapable.

This section applies to an attorney acting under an enduring power of attorney in relation to the donor’s property if the donor of the power becomes mentally incapable.

The paramount consideration of the attorney is to use the donor’s property in the promotion and protection of the donor’s best interests, while seeking at all times to encourage the donor to develop the donor’s competence to manage his or her own affairs in relation to his or her property.

This section applies regardless of whether the enduring power of attorney is of the type referred to in section 97(4)(a) or (b).

Subject to subsections (3) and (4), a donor of an enduring power of attorney may authorise the attorney to act in relation to the donor’s personal care and welfare, either generally or in relation to specific matters, and in either case such authorisation may be given subject to conditions and restrictions.

Notwithstanding section 95(3), an enduring power of attorney may not appoint a trustee corporation to be an attorney, nor may it appoint more than 1 individual to be attorneys, to act in relation to the donor’s personal care and welfare.

The attorney—

For the purposes of subsection (3), a donor’s mental capacity is determined—

Despite subsection (3A),—

The attorney shall not act in respect of any matter relating to the donor’s personal care and welfare where, if the attorney were the welfare guardian of the donor, the attorney would be denied the power to act by section 18.

Subject to subsections (3) and (4), any action taken by the attorney in relation to the donor’s personal care and welfare shall have the same effect as it would have had if it had been taken by the donor and the donor had had full capacity to take it.

In subsection (3)(a), a significant matter relating to the donor’s personal care and welfare means a matter that has, or is likely to have, a significant effect on the health, well-being, or enjoyment of life of the donor (for example, a permanent change in the donor’s residence, entering residential care, or undergoing a major medical procedure).

This section applies to an attorney acting under an enduring power of attorney in relation to the donor’s personal care and welfare.

The paramount consideration of the attorney is the promotion and protection of the welfare and best interests of the donor, while seeking at all times to encourage the donor to develop and exercise his or her capacity to—

Without limiting the generality of subsection (2), the attorney must—

When deciding any matter relating to the donor’s personal care and welfare, the attorney must give due consideration to the financial implications of that decision in respect of the donor’s property.

Nothing in section 95 or section 97(1) or section 98(1) shall prevent a donor from—

If subsection (1)(b) applies, the attorney responsible for the donor’s property must give the attorney responsible for the donor’s personal care and welfare any financial support required by that attorney to carry out his or her duties in relation to the donor’s personal care and welfare.

Subsection (2) is subject to—

When acting under an enduring power of attorney, the attorney must, as far as is practicable, consult—

An attorney acting under an enduring power of attorney in relation to the donor’s personal care and welfare may, subject to any consultation under subsection (1), have regard to any advance directive given by the donor except to the extent that the directive would require the attorney to act in a manner contrary to section 98(4).

The attorney may follow any advice given under subsection (1), or any advance directive given by the donor, and is not liable for anything done or omitted in following that advice or directive, unless done or omitted in bad faith or without reasonable care.

The attorney may apply to a court for directions under section 101 in respect of any advice given under subsection (1) or any advance directive given by the donor.

The attorney is not liable in respect of anything done or omitted to be done in accordance with the court’s directions.

Nothing in subsection (4) obliges the attorney to apply to a court for directions.

If a donor has, under an enduring power of attorney, appointed one attorney in relation to his or her property and another attorney in relation to his or her personal care and welfare, both attorneys must consult each other regularly to ensure that the donor’s interests are not prejudiced through any breakdown in communication between them.

To avoid doubt, if the same attorney must be consulted under subsection (1)(c) or (d) and subsection (7), the requirements of both subsections must be met in relation to that attorney.

An attorney must promptly comply with any request for information relating to the exercise of the attorney’s powers under the enduring power of attorney if—

An attorney under an enduring power of attorney in relation to a donor’s property must keep records of each financial transaction entered into by the attorney under the enduring power of attorney while the donor is mentally incapable.

An attorney who fails without reasonable excuse to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding $1,000.

A certificate of the donor’s mental incapacity under this Part must—

The donor may specify in an enduring power of attorney that the assessment of his or her mental capacity for the purposes of this Part be undertaken by a health practitioner with a specified scope of practice, but only if the scope of practice specified includes the assessment of a person’s mental capacity.

The cost of any medical assessment or examination reasonably required for the purpose of certifying whether the donor is mentally incapable under this Part is recoverable as a debt from the donor’s property.

Where an enduring power of attorney is given by a person who is or who subsequently becomes subject to a personal order or a property order, the order shall be binding on the attorney; and, in the event of any conflict arising between the powers and duties of the attorney and the terms of the order, the order shall prevail.

A donor of an enduring power of attorney who has been, but is no longer, mentally incapable may suspend the attorney’s authority to act under the enduring power of attorney by giving written notice to the attorney.

An attorney whose authority is suspended may not act under the enduring power of attorney unless a relevant health practitioner has certified, or the court has determined, that the donor is mentally incapable.

The suspension does not revoke the enduring power of attorney.

Nothing in this section affects the donor’s right to revoke the enduring power of attorney while the donor is mentally capable.