This Act may be cited as the Protection of Personal and Property Rights Amendment Act 1994, and shall be read together with and deemed part of the Protection of Personal and Property Rights Act 1988 (hereinafter referred to as the principal Act).

2 Application to trustee corporation to act as manager

Section 32(2)(c)(i) of the principal Act is hereby amended by omitting the word “psychiatrist”, and substituting the words “medical specialist”.

3 Application to trustee corporation in respect of small estates

Section 33(3)(c) of the principal Act is hereby amended by omitting the word “psychiatrist”, and substituting the words “medical specialist”.

4 Powers of manager

Section 38 of the principal Act is hereby amended by adding the following subsection:

“(3)

Where a manager is, in accordance with this Act, authorised to make an application under section 122 of the Land Transfer Act 1952 to have a transmission registered, a District Land Registrar 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.”

5 Statements required

Section 45 of the principal Act is hereby amended by inserting, after subsection (2), the following subsection:

“(2A)

Notwithstanding anything in subsections (1) and (2)(b) of this section, 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) of this section and the transitional arrangements that, in relation to statements required to be filed under subsection (2)(b) of this section, are to apply in relation to a change of balance date.”

6 Proceedings, execution, etc., not to proceed without leave of Court

Section 57(1)(a) of the principal Act is hereby amended by inserting, after the word “Act”, the words “or proceedings in the High Court”.

7 Appointment of barrister or solicitor by Court

Section 65 of the principal Act (as amended by section 86(1) of the Public Finance Act 1989) is hereby amended by repealing subsection (5), and substituting the following subsection:

“(5)

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

“(a)

May be determined in accordance with regulations made under this Act; and

“(b)

Shall be paid out of the Departmental Bank Account from money appropriated by Parliament for the purpose.”

8 Court may call for report on person

Section 76 of the principal Act is hereby amended by repealing subsection (5), and substituting the following subsections:

“(5)

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

“(a)

May be determined in accordance with regulations made under this Act; and

“(b)

Shall be paid by such party or parties to the proceedings as the Court shall order or, if the Court so decides, shall be paid out of the Departmental Bank Account from money appropriated by Parliament for the purpose.

“(5A)

Any amount of any fees and expenses ordered to be paid by any party under subsection (5)(b) of this section 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 a District Court or the High Court as the case may require, in the same manner as a judgment of that Court.”

9 Review of property orders

(1)

Section 87 of the principal Act is hereby amended by repealing subsection (1), and substituting the following subsections:

“(1)

Where a trustee corporation—

“(a)

Has filed in a Court an application made to the trustee corporation under section 32 or section 33 of this Act to act as manager of any property of a person; or

“(b)

Is deemed by subsection (3) or subsection (4) of section 117 of this Act to be a manager appointed under this Act in respect of the property of any person (being property the gross value of which, as at the commencement of this Act, did not exceed $100,000),—

the trustee corporation shall, in accordance with subsection (1A) of this section, file in the Court the reports specified in subsection (1B) of this section.

“(1a)

The reports required by subsection (1) of this section

“(a)

Where subsection (1)(a) of this section applies, be filed not earlier than 2 years nor later than 3 years after the date of the filing of the application; or

“(b)

Where subsection (1)(b) of this section applies, be filed by the date specified in the programme drawn up in accordance with the Protection of Personal and Property Rights Regulations 1988.

“(1B)

The reports required under subsection (1) of this section comprise—

“(a)

A report from each of 2 registered medical practitioners (at least one of whom shall be a medical specialist independent of the applicant or any relative of the applicant) as to the extent to which the person subject to the order has the competence or lacks the competence to manage his or her own affairs in relation to his or her property; and

“(b)

A report from the trustee corporation on the current condition of the person subject to the order, which report—

“(i)

Shall indicate whether or not there has been any change in that person’s condition since the application was made; and

“(ii)

Shall contain other relevant information.

“(1C)

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

“(a)

That the order should be discharged or that the order should be extended; and

“(b)

A full review by the Court in accordance with subsections (3) to (10) of this section is unnecessary,—

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.

“(1D)

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

“(1E)

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

“(1F)

In any case other than a case in which reports have been filed under subsection (1) of this section 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—

“(a)

A report from each of 2 registered medical practitioners (at least one of whom shall be a medical specialist independent of the applicant or any relative of the applicant) as to the extent to which the person subject to the order has the competence to manage his or her own affairs in relation to his or her property; and

“(b)

A report from the manager on the current condition of the person subject to the order, which report—

“(i)

Shall set out the nature and extent of the change in that person’s condition since the order was made; and

“(ii)

Shall contain other relevant information.

“(1G)

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

“(a)

That the order should be discharged; and

“(b)

That a full review by the Court in accordance with subsections (3) to (10) of this section is unnecessary,—

the Court may order that the order be discharged.

“(1H)

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

(2)

Section 87(2) of the principal Act is hereby amended by omitting the expression “subsection (1)”, and substituting the expression “subsections (1) to (1H)”.

(3)

Section 87(3) of the principal Act is hereby amended by omitting the expression “subsection (1) of this section,”, and substituting the words “where the Court directs under subsection (1D) or subsection (1E) or subsection (1H) of this section that a full review of a case be undertaken,”.

(4)

Section 87 of the principal Act is hereby further amended by adding, after subsection (9), the following subsection:

“(10)

No order to which subsection (8) or subsection (9) of this section 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.”

10 When power of attorney is an enduring power of attorney

Section 95(1)(b) of the principal Act is hereby amended by inserting, after the word “donor”, the words “, or by some other person in the presence of the donor and by the direction of the donor,”.

11 Enduring power of attorney in relation to property

Section 97 of the principal Act is hereby amended by adding the following subsection:

“(3)

Where a donor of an enduring power of attorney has become mentally incapable, the attorney shall be authorised to make an application under section 122 of the Land Transfer Act 1952 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 a District Land Registrar 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.”

12 Regulations

The principal Act is hereby amended by repealing section 112, and substituting the following section:

“112

The Governor-General may from time to time, by Order in Council, make regulations—

“(a)

Making provision for the determination of the amount of fees and expenses, including minimum and maximum amounts, payable in respect of professional services provided by barristers and solicitors appointed under section 65 of this Act, which fees and expenses may differ according to the complexity of the proceedings and the time spent, and according to whether or not professional services are to be provided in a specified number of proceedings during a specified period:

“(b)

Making provision for the determination of the amount of fees and expenses, including minimum and maximum amounts, payable in respect of the preparation of reports requested pursuant to section 76 of this Act, which fees and expenses may differ according to the type of report and the time spent, and according to whether or not professional services are to be available in a specified number of proceedings during a specified period:

“(c)

Providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration.”

13 First Schedule amended

Clause 1(a) of the First Schedule to the principal Act is hereby amended by adding the following subparagraph:

“(vii)

To make an application under section 122 of the Land Transfer Act 1952 to have a transmission registered where the manager believes that the person subject to a property order is entitled to any estate or interest in land by virtue of that transmission:”.

This Act is administered in the Department of Justice.

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Protection of Personal and Property Rights Amendment Act 1994