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Reprint as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Public Act Date of assent 1988 No 4 12 March 1988 Contents Title Short Title and commencement Interpretation Act binds the Crown Legal capacity of persons subject to orders under this Act Part 1 Personal rights Presumption of competence Page 7 7 7 9 10 10 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered in the Ministry of Justice.
1 Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 Jurisdiction of Court under this Part Persons who may apply for exercise of Court’s jurisdiction Primary objectives of Court in exercise of jurisdiction under this Part Course to be followed by Court Kinds of order Order to administer property Court may appoint welfare guardian Court may make recommendations instead of order Interim orders Orders by consent Persons subject to property order Expiry of orders Part 2 Welfare guardians Powers and duties of welfare guardian Effect of welfare guardian’s decisions, etc Liability of welfare guardian Welfare guardian’s expenses When welfare guardian ceases to hold ofﬁce Appointment of welfare guardian in event of non­compliance Part 3 Property rights Presumption of competence Jurisdiction of Court under this Part Persons who may apply for exercise of Court’s jurisdiction Need for application in respect of hospital patient, etc, may be investigated Primary objectives of Court in exercise of jurisdiction under this Part Course to be followed by Court Temporary orders Appointment of manager Kai tiaki trusts 29 30 31 31A 31B Maori land or shares in Maori incorporation 32 33 Application to trustee corporation to act as manager Application to trustee corporation in respect of small estates When a person ceases to be subject to property order Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Part 4 Managers Property not to vest in manager Functions and duties of manager Security for performance of manager’s duties Powers of manager Additional powers where Public Trust appointed manager Application of Public Trust Act 2001 Application of Maori Trustee Act 1953 Manager’s powers subject to provisions of personal order Manager’s duty to consult Effect of manager’s decisions, etc Statements required Statement to
 be examined by or on behalf of Public Trust Inspection and copying of statements and reports by leave Enforcement of manager’s duty to prepare and ﬁle statements Liability of manager Expenses of management and remuneration of managers Grants to Public Trustee [Repealed] When manager ceases to hold ofﬁce Part 5 Powers and property of persons subject to property orders Powers of persons subject to property orders Testamentary powers of person subject to property order Court may authorise manager to make testamentary disposition for person subject to property order Testamentary law otherwise unaffected Proceedings, execution, etc, not to proceed without leave of Court Notional preservation of character of assets converted Notional preservation of character of money expended for certain purposes Court may make orders for preserving nature and devolution of property Termination of notional preservation of character of assets Court may settle the beneﬁcial interests of person subject to property order Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 Part 6 Procedure Service of copy of application required Applications may be joined, etc Appointment of barrister or solicitor by Court or Registrar Pre­hearing conferences Calling of pre­hearing conference Objectives of pre­hearing conference Procedure at pre­hearing conference Identiﬁcation of issues Power of presiding Judge to make consent orders Power to require attendance at pre­hearing conference Privilege Presiding Judge may hear subsequent proceedings Proceedings before Court Attendance of person in respect of whom application is made Right of person to be heard and call evidence Court may call for report on person Evidence Power of Court to call witnesses
 Attendance at hearings Publication of reports of proceedings Costs Part 7 Appeals and reviews 82 83 83A 84 85 86 87 88 89 Court to state whether order is suspended pending appeal Right of appeal to High Court Procedure on appeal to High Court Further appeal to Court of Appeal Appeals to Court of Appeal from decisions of High Court Review of personal orders Review of property orders Procedure on review Review of welfare guardian’s or manager’s decisions Part 8 Reciprocal provisions 90 Interpretation Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 91 92 93 93A 93B 94 94A 95 96 97 97A 98 98A Powers of Public Trust as to property in New Zealand of incapacitated person in another country Appointment of authorised ofﬁcer in another country Resealing in New Zealand Part 9 Enduring powers of attorney Purpose of this Part Presumption of competence Interpretation Creation of enduring power of attorney When power of attorney is an enduring power of attorney Enduring power of attorney not revoked by donor’s subsequent mental incapacity Enduring power of attorney in relation to property Exercise of enduring power of attorney in relation to property Enduring power of attorney in relation to personal care and welfare Exercise of enduring power of attorney in relation to personal care and welfare Both kinds of powers may be given Attorney’s duty to consult Attorney must provide information on exercise of powers Attorney as to property must keep records 99 99A 99B 99C 99D Medical certiﬁcation of incapacity 100 Enduring powers of attorney subject to personal order and property order 100A Suspension of attorney’s power to act 101 102 Attorney may seek directions from Court Court’s jurisdiction in respect of an enduring power of attorney 102A Persons who may apply for exercise of Court’s jurisdiction 103 103A Validity of actions under power of attorney not meeting
 Review of attorney’s decisions requirements of section 94A or 95 103B Effect of attorney’s decision on third parties 103C Effect of attorney’s actions, etc, before notice of 104 105 106 revocation or suspension received Disclaimer by attorney Court may revoke appointment of attorney Circumstances in which enduring power of attorney shall cease to have effect Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 101 102 103 104 104 105 105 106 107 107 108 108 108 109 109 109 111 111 111 111 113 124 Attorney’s power to beneﬁt self and others Procedure 107 108 108AA Enduring powers of attorney created before Protection of Personal and Property Rights Amendment Act 2007 108AAB Review of Protection of Personal and Property Rights Amendment Act 2007 Part 9A Payment of money or damages 108A Interpretation 108B Approval of court required to settle claims of speciﬁed persons 108C Applications for approval of court 108D Money or damages may be held upon trust 108E Money or damages held by manager 108F Termination of trust 108G Part does not affect Deaths by Accidents Compensation Act 1952 Part 10 Miscellaneous provisions Orders may be registered Remission of fees in cases of hardship Rules of procedure 109 110 111 111A Transitional provision relating to rules— 112 113 Regulations Reference to Aged and Inﬁrm Persons Protection Act 1912 and Part 7 of the Mental Health Act 1969 in other Acts Savings Repeals Transitional provisions Schedule 1 Powers of managers Schedule 2 Further powers of Public Trust as manager 114 116 117 6 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Schedule 3 Form of enduring power of attorney in relation to property [Repealed] Schedule 4 Enactments repealed s 2 125 125 An Act to provide for the protection and promotion of the personal and property rights of persons who are not fully able to manage their
 own affairs 1 (1) (2) 2 Short Title and commencement This Act may be cited as the Protection of Personal and Property Rights Act 1988.
This Act shall come into force on the 1st day of October 1988. in relation to any person, means a daughter, son, Interpretation In this Act, unless the context otherwise requires,— Attorney, in relation to any person, means the holder of a power of attorney granted by that person Child, stepdaughter, or stepson of that person Court,— (a) for the purposes of Part 9A has the meaning given to it by section 108A: for any other purpose of this Act, means a Family Court.
(b) Court: this deﬁnition was substituted, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100).

See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).
Manager means a person appointed under section 31 of this Act as manager of any property; and includes a trustee corporation that is acting as manager for any person pursuant to section 32 or section 33 of this Act; but does not include a person appointed under section 11 of this Act to administer any property medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council 7 s 2 Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 this deﬁnition was substituted, as from 26 April 2005, by section of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine medical practitioner: this deﬁnition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48).
See sections 178 to 227 of that Act as to the transitional provisions.

parent, in relation to any person (A), includes a step­parent; but, if A is under the age of 18 years, only if the step­parent shares responsibility for the day­to­day care of A with a parent of A parent: 7 Relationships (Statutory References) Act 2005 (2005 No 3).
Person subject to a property order includes a person for whom a trustee corporation is acting as manager pursuant to section 32 or section 33 of this Act Personal order means an order made under section 10 or section 11 or section 12 of this Act; and includes an interim order made under section 14 of this Act Property means any real or personal property; and includes any interest in any property; and also includes any money, any business or undertaking, and any right or power exercisable in respect of any property Property order means an order made under section 31 of this Act; and includes a temporary order made under section 30 of this Act psychologist means a health practitioner who is, or is deemed to be, registered with the Psychologists Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of psychology.
psychologist: this deﬁnition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48).

See sections 178 to 227 of that Act as to the transitional provisions.
Relative, in relation to any person, means— (a) the spouse, civil union partner, or de facto partner of that person; and (b) A parent or grandparent of that person or of the spouse or other person referred to in paragraph (a) of this deﬁnition; and 8 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 s 3 (c) A child or grandchild of that person or of the spouse or other person referred to in paragraph (a) of this deﬁnition; and (e) (d) A brother or sister of that person, or of the spouse or other person referred to in paragraph (a) of this deﬁnition, whether of the full­blood or of the half­blood; and An aunt or uncle of that person, or of the spouse or other person referred to in paragraph (a) of this deﬁnition: A nephew or niece of that person, or of the spouse or other person referred to in paragraph (a) of this deﬁnition: (f) Relative: paragraph (a) of this deﬁnition was amended, as from 1 January 2002, by section 65 Human Rights Amendment Act 2001 (2001 No 96), by substituting the words “or the de facto partner of the same or different sex of that person” for the words “or any other person with whom that person has a relationship in the nature of marriage”.
Relative: paragraph (a) of this deﬁnition was substituted, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3).
Social worker means a person employed under Part 5 of the State Sector Act 1988 in the department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989 as a social worker Social worker: this deﬁnition was substituted, as from 1 April 1990, by section 36(5) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).
Social Worker: this deﬁnition was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting the words “department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989” for the words “Department of Social Welfare”.
Trustee corporation means the Maori Trustee, Public Trust, and every trustee company within the meaning of the Trustee Companies Act 1967 Trustee corporation: this deﬁnition was amended, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100) by substituting the words “Public Trust” for the words “the Public Trustee”.

See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).

Welfare guardian means a person appointed under section 12 of this Act as a welfare guardian.
3 Act binds the Crown This Act shall bind the Crown.
9 Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 Legal capacity of persons subject to orders under this Act Except as provided by or under this Act or any other enactment, the rights, privileges, powers, capacities, duties, and liabilities of any person subject to an order under this Act whether in a personal, ofﬁcial, representative, or ﬁduciary capacity, shall, for all the purposes of the law of New Zealand (whether substantive, procedural, evidential, or otherwise), be the same as those of any other person.
Part 1 Personal rights Presumption of competence For the purposes of this Part of this Act, every person shall be presumed, until the contrary is proved, to have the capacity— To understand the nature, and to foresee the conse­ (a) quences, of decisions in respect of matters relating to his or her personal care and welfare; and To communicate decisions in respect of those matters.
(b) Jurisdiction of Court under this Part Subject to subsection (2) of this section, a Court shall have jurisdiction under this Part of this Act in respect of any person who is ordinarily resident in New Zealand and who— (a) Lacks, wholly or partly, the capacity to understand the nature, and to foresee the consequences, of decisions in respect of matters relating to his or her personal care and welfare; or (b) Has the capacity to understand the nature, and to foresee the consequences, of decisions in respect of matters re­ lating to his or her personal care and welfare, but wholly lacks the capacity to communicate decisions in respect of such matters.
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— (a) is not, and never has been, married or in a civil union; or s 4 4 5 6 (1) (2) 10 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Part 1 s 7 (3) 7 (b) is 16 years old or older and is not living, and never has lived, with another person as a de facto partner 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.
Subsection (2) was amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by inserting the words “in a civil union, or in a de facto relationship”.

Subsection (2) was substituted, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90).
Persons who may apply for exercise of Court’s jurisdiction Any one or more of the following persons may apply to a Court for the exercise of its jurisdiction under this Part of this Act: (a) A person who seeks the exercise of the Court’s jurisdic­ tion in respect of himself or herself: (b) A relative or an attorney of the person in respect of whom the application is made: (c) A social worker: (d) A medical practitioner: (e) (f) A representative of any group that is engaged, other­ wise than for commercial gain, in the provision of ser­ vices and facilities for the welfare of persons in relation to whom the Court has jurisdiction in accordance with section 6 of this Act: where the exercise of the Court’s jurisdiction is sought in respect of any person who is a patient or a resident in any place that provides hospital care, rest home care, or residential disability care within the meaning of the Health and Disability Services (Safety) Act 2001, the principal manager of that place: (g) Where the exercise of the Court’s jurisdiction is sought in respect of any person subject to a property order, the manager of that person’s property: (h) Any other person, with leave of the Court.
Section 7(f): substituted, on 25 September 2008, by section 4 of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90).
11 Part 1 s 8 Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 8 9 (1) (2) Primary objectives of Court in exercise of jurisdiction under this Part The primary objectives of a Court on an application for the exercise of its jurisdiction under this Part of this Act shall be as follows: (a) To make the least restrictive intervention possible in the life of the person in respect of whom the application is made, having regard to the degree of that person’s incapacity: To enable or encourage that person to exercise and de­ velop such capacity as he or she has to the greatest ex­ tent possible.
(b) Course to be followed by Court In considering an application for the exercise of its jurisdiction under this Part of this Act, 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 of this Act.
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 jur­ isdiction under this Part of this Act in accordance with section 6 of this Act, the Court shall determine whether or not it should make an order under section 10 or section 11 or section 12 of this Act, and (if so) what kind of order or orders, having regard to the primary objectives speciﬁed in section 8 of this Act.
Kinds of order 10 (1) On an application for the exercise of a Court’s jurisdiction under this Part of this Act in respect of any person, the Court may, subject to subsection (2) of this section, make any one or more of the following orders: (a) (b) An order that any parent of the person make suitable arrangements for the personal care of the person after the parent’s death: An order that the arrangements made by any parent of the person for the personal care of the person after the (c) 12 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Part 1 s 10 parent’s death be observed, or be varied in any particular speciﬁed in the order: (e) (d) An order that the person shall enter, attend at, or leave an institution speciﬁed in the order, not being a psychi­ atric hospital or a licensed institution under the Mental Health Act 1969: An order that the person be provided with living ar­ rangements of a kind speciﬁed in the order: An order that the person be provided with medical ad­ vice or treatment of a kind speciﬁed in the order: (g) An order that the person be provided with educational, rehabilitative, therapeutic, or other services of a kind speciﬁed in the order: (f) (i) (h) An order that the person shall not leave New Zealand without the permission of the Court, or shall leave New Zealand only on conditions speciﬁed in the order: An order appointing a person named in the order as next friend or guardian ad litem for the person for the pur­ poses of any proceedings in a District Court: An order under section 11 of this Act that a person named in the order administer any item of property spe­ ciﬁed in the order: (j) (k) An order under section 12 of this Act appointing a wel­ fare guardian for the person.
(3) (2) No person (other than the person in respect of whom the ap­ plication is made) shall be bound by a personal order unless that person is a party to the proceedings in which the order is made.
In any order made under any of paragraphs (a) to (i) of subsec­ tion (1) of this section, 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 re­ view of the order before the speciﬁed date.
(4) 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.

13 Part 1 s 11 Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 Subsection (1)(a) was repealed, as from 28 March 2007, by section 11 Disabled Persons Employment Promotion Repeal Act 2007 (2007 No 11).
Order to administer property 11 (1) Where, on an application to a Court for the exercise of its jur­ isdiction under this Part of this Act,— (a) The person in respect of whom the application is made is not subject to a property order; and The Court considers that the making of a property order or the giving of a direction under section 64(3) of this Act would not be in accordance with section 8 of this Act; and The Court considers the making of an order under this section necessary in all the circumstances,— (b) (c) the Court may, subject to subsection (2) of this section, 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, be­ longing to the person or to which that person is or may become entitled, and speciﬁed in the order.
(a) (2) No order may be made under this section in respect of either— Any item of property that exceeds $2,000 in value, or such other amount as is, from time to time, prescribed by Order in Council for the purposes of this paragraph; or (b) Any income or beneﬁt in excess, in any 1 year, of $20,000, or such other amount as is, from time to time, prescribed by Order in Council for the purposes of this paragraph.
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.
(3) (4) 14 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Part 1 s 12 (5) 12 (1) 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 of this Act, so far as they are applicable and with any necessary modiﬁcations, shall apply to every person appointed to administer any property under this Act.
Subsection (2) was substituted, as from 28 July 1997, by section 2 Protection of Personal and Property Rights Amendment Act 1997 (1997 No 52).
Court may appoint welfare guardian Subject to the succeeding provisions of this section, on an ap­ plication for the exercise of a Court’s jurisdiction under this Part of this Act, the Court may make an order appointing a welfare guardian for the person in respect of whom the ap­ plication 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.
(2) A Court shall not make an order under subsection (1) of this section unless it is satisﬁed— (a) (b) That the person in respect of whom the application is made wholly lacks the capacity to make or to commu­ nicate decisions relating to any particular aspect or par­ ticular aspects of the personal care and welfare of that person; and That the appointment of a welfare guardian is the only satisfactory way to ensure that appropriate decisions are made relating to that particular aspect or those particular aspects of the personal care and welfare of that person.
(3) 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,— (a) (b) No parent or guardian of that person is in regular contact with that person, and the Court is satisﬁed in all the circumstances that it would be in the interests of that person to appoint a welfare guardian for that person.
No parent or guardian of that person is then living; or (4) No person under the age of 20 years, and no body corporate, shall be appointed a welfare guardian under this section.
(5) A Court shall not appoint any person as a welfare guardian under this section unless it is satisﬁed— 15 Part 1 s 13 Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 (a) (b) (c) That the proposed appointee is capable of carrying out the duties of a welfare guardian in a satisfactory man­ ner, having regard to the needs of the person in respect of whom the application is made, and the relationship between that person and the proposed appointee; and That the proposed appointee will act in the best inter­ ests of the person in respect of whom the application is made; and That there is unlikely to be any conﬂict between the interests of the proposed appointee and those of the per­ son in respect of whom the application is made; and The proposed appointee consents to the appointment.
(d) The Court shall not appoint more than 1 welfare guardian for any person unless, in the exceptional circumstances of the case, the Court is satisﬁed that it would be in the interests of that person to do so.

So far as is practicable in the circumstances, a Court shall as­ certain the wishes of the person in respect of whom the appli­ cation 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.
Subsection (3) was amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by substituting the words “in re­ spect of a person of the kind referred to in section 6(2)” for the words “of this section in respect of any person who has not attained the age of 20 years and who is not and never has been married”.
(6) (7) (8) Court may make recommendations instead of order 13 (1) On an application for the exercise of a Court’s jurisdiction under this Part of this Act, the Court may, instead of making any order under sections 10 to 12 of this Act, make such rec­ ommendations 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) of this section applies, the Court shall formally dismiss the application but shall reserve (2) 16 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Part 1 s 15 leave to the parties and the person in respect of whom the ap­ plication is made to apply to the Court for directions relating to the implementation of any of the Court’s recommendations.

(3) No recommendation made under this section shall be binding on any person.
Interim orders 14 (1) On an application to a Court for the exercise of its jurisdiction under this Part of this Act, 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 of this Act, pend­ ing 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 in­ terim order made pursuant to this section, and shall be entitled to be heard on it.

(2) (3) 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.

(4) 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 a Family Court.
(5) 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— (a) Make one but only one further interim order; or (b) Make a ﬁnal order; or (c) Dismiss the application.
15 Orders by consent On an application for the exercise of a Court’s jurisdiction under this Part of this Act, the Court may make any order under section 10 or section 11 or section 12 or section 14 of this Act 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.
17 Part 1 s 16 Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 Persons subject to property order 16 (1) Where an application for the exercise of a Court’s jurisdiction under this Part of this Act 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 of this Act shall be bind­ ing 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 of this Act and the terms of the personal order, the personal order shall prevail.
In any case to which subsection (1) of this section 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.
(2) 17 (1) (2) Expiry of orders Except as provided in subsections (2) and (3) of this section, a personal order shall expire— (a) On the date, or at the close of the period, speciﬁed in that behalf by the Court in the order; or If no such provision is made in the order,— (i) On the expiry of a period of 12 months beginning with the date of the order; or (b) (ii) When the effect of the order is spent,— whichever is the earlier.
Subject to subsection (3) of this section, 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.

(3) Where, in any case to which subsection (2) of this section ap­ plies, 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.
18 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Part 2 s 18 Part 2 Welfare guardians Powers and duties of welfare guardian 18 (1) No Court shall empower a welfare guardian, and no welfare guardian shall have power,— (a) To make any decision relating to the entering into mar­ riage or civil union by the person for whom the welfare guardian is acting, or to the dissolution of that person’s marriage or civil union; or To make any decision relating to the adoption of any child of that person; or To refuse consent to the administering to that person of any standard medical treatment or procedure intended to save that person’s life or to prevent serious damage to that person’s health; or To consent to the administering to that person of electro­ convulsive treatment; or To consent to the performance on that person of any surgery or other treatment designed to destroy any part of the brain or any brain function for the purpose of changing that person’s behaviour; or To consent to that person’s taking part in any medical experiment other than one to be conducted for the pur­ pose of saving that person’s life or of preventing serious damage to that person’s health.
(b) (c) (d) (e) (f) (2) (3) Subject to subsection (1) of this section, a welfare guardian shall have all such powers as may be reasonably required to en­ able 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 consider­ ation of a welfare guardian shall be the promotion and protec­ tion of the welfare and best interests of the person for whom the welfare guardian is acting, while seeking at all times to en­ courage that person to develop and exercise such capacity as that person has to understand the nature and foresee the conse­ quences of decisions relating to the personal care and welfare of that person, and to communicate such decisions.
19 Part 2 s 18 Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 (4) Without limiting the generality of subsection (3) of this sec­ tion, a welfare guardian shall— (a) (b) (c) Encourage the person for whom the welfare guardian is acting to act on his or her own behalf to the greatest extent possible; and Seek to facilitate the integration of the person for whom the welfare guardian is acting into the community to the greatest extent possible; and Consult, so far as may be practicable,— (i) The person for whom the welfare guardian is act­ ing; and Such other persons, as are, in the opinion of the welfare guardian, interested in the welfare of the person and competent to advise the welfare guardian in relation to the personal care and wel­ fare of that person; and (ii) (iii) A representative of any group that is engaged, otherwise than for commercial gain, in the pro­ vision of services and facilities for the welfare of persons in respect of whom the Court has juris­ diction in accordance with section 6 of this Act, and that, in the opinion of the welfare guardian, is interested in the welfare of the person and com­ petent to advise the welfare guardian in relation to the personal care and welfare of that person.
(5) In addition to subsection (4)(c) of this section, where the per­ son for whom the welfare guardian is acting is subject to a property order, the welfare guardian shall consult on a regu­ lar 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.
(6) 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.

Subsection (1)(a) was amended, as from 26 April 2005, by section 7 Relation­ ships (Statutory References) Act 2005 (2005 No 3) by inserting the words “or civil union” after the word “marriage” in both places where it appears.
20 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Part 2 s 21 19 (1) Effect of welfare guardian’s decisions, etc Every decision made by a welfare guardian in the exercise of the powers conferred by or under this Part of this Act, 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.
(2) No person dealing with a welfare guardian in respect of any matter within the powers of the welfare guardian shall be con­ cerned to inquire as to the concurrence or otherwise of the per­ son for whom the welfare guardian is acting or of any other person, or be affected by notice that any such person has not concurred.
20 (1) Liability of welfare guardian Subject to subsection (2) of this section, no action shall lie against a welfare guardian in respect of anything done or omit­ ted 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.
(2) 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 enter­ ing into the contract or arrangement or incurring the liability, disclose to that person that the welfare guardian is acting in that capacity.
21 Welfare guardian’s expenses (1) Subject to any order of a Court made under subsection (2) of this section, 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.
(2) 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, 21 Part 2 s 22 Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 out of the Consolidated Account from money appropriated for the purpose by Parliament; and every such order shall have effect according to its tenor.
22 When welfare guardian ceases to hold ofﬁce A welfare guardian shall cease to hold ofﬁce— (a) (b) (c) If the person for whom the welfare guardian is acting dies; or If the welfare guardian dies or is adjudged bankrupt or becomes a special patient or a committed patient under the Mental Health Act 1969 or becomes subject to a property order or becomes otherwise incapable of act­ ing; or If the personal order by which the welfare guardian was appointed expires in accordance with section 17 of this Act or is discharged by the Court under section 86 of this Act.
23 Appointment of welfare guardian in event of non­compliance (1) Where any person is required by a personal order to do any thing and that person fails to comply with any of the require­ ments 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 wel­ fare guardian.
The function of a welfare guardian appointed under this sec­ tion 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.

(2) (3) 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 provi­ sions of sections 19 to 22 of this Act, so far as they are ap­ plicable 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 of this Act.
(4) 22 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Part 3 s 25 Part 3 Property rights 24 Presumption of competence For the purposes of this Part of this Act, 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.
Jurisdiction of Court under this Part 25 (1) A Court shall have jurisdiction under this Part of this Act in respect of any property owned by any person— (a) Who is domiciled or is ordinarily resident in New Zealand; and (b) Who, in the opinion of the Court, lacks wholly or partly the competence to manage his or her own affairs in re­ lation to his or her property.
(2) A Court shall also have jurisdiction under this Part of this Act in respect of any property situated in New Zealand and owned by any person— (a) Who is not domiciled nor is ordinarily resident in New (3) (4) Zealand; and (b) Who, in the opinion of the Court, lacks wholly or partly the competence to manage his or her own affairs in re­ lation to his or her property so situated.
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 of this Act 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.
23 Part 3 s 26 Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 26 Persons who may apply for exercise of Court’s jurisdiction Any one or more of the following persons may apply to a Court for the exercise of its jurisdiction under this Part of this Act: (a) A person who seeks the exercise of the Court’s jurisdic­ tion in respect of himself or herself: (b) A relative or an attorney of the person in respect of whom the application is made: A social worker: (c) (d) A medical practitioner: A trustee corporation: (e) A representative of any group that is engaged, other­ (f) wise than for commercial gain, in the provision of ser­ vices and facilities for the welfare of persons in relation to whom the Court has jurisdiction under this Act in ac­ cordance with section 25 of this Act: (g) where the exercise of the Court’s jurisdiction is sought in respect of any person who is a patient or a resident in any place that provides hospital care, rest home care, or residential disability care within the meaning of the Health and Disability Services (Safety) Act 2001, the principal manager of that place: (h) Where a welfare guardian has been appointed for the person in respect of whom the application is made, that welfare guardian: Any other person, with leave of the Court.
(i) Section 26(g): substituted, on 25 September 2008, by section 5 of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90).
27 Need for application in respect of hospital patient, etc, may be investigated Any person is or has been admitted to any hospital, home, or other institution as a patient or resident; and The superintendent, licensee, supervisor, or other per­ son in charge of the hospital, home, or other institution considers— (i) That the patient or resident may be a person in relation to whom a Court has jurisdiction under this Part of this Act; and (1) Where— (a) (b) 24 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Part 3 s 28 (ii) That it may be desirable in the interests of the patient or resident that a manager be appointed under this Part of this Act in respect of any prop­ erty owned by the patient or resident,— the superintendent, licensee, supervisor, or other person in charge may give notice of the case to the Registrar of the Court.
(2) On receiving any notice under subsection (1) of this section, 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— (a) Whether any person described in section 26 of this Act is intending to make an application to the Court for the exercise of its jurisdiction under section 25 of this Act, or to a trustee corporation under section 32 or section 33 of this Act, in respect of any property owned by the patient or resident; and If no such person is intending to make such an applica­ tion, whether the trustee corporation considers that such an application would be desirable in the interests of the patient.
(b) (3) If the trustee corporation— (a) (b) Finds that no person described in section 26 of this Act intends to make such an application; and Considers that the making of such an application would be desirable in the interest of the patient; and Does not intend to make such an application itself,— (c) the trustee corporation may report accordingly to the Registrar.
(4) On receiving a report under subsection (3) of this section, 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 of this Act as the Judge thinks ﬁt.
28 Primary objectives of Court in exercise of jurisdiction under this Part The primary objectives of a Court on an application for the exercise of its jurisdiction under this Part of this Act shall be as follows: 25 Part 3 s 29 Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 (a) (b) To make the least restrictive intervention possible in the management of the affairs of the person in respect of whom the application is made in relation to his or her property, having regard to the degree of that person’s lack of competence: To enable or encourage that person to exercise and de­ velop such competence as he or she has to manage his or her own affairs in relation to his or her property to the greatest extent possible.
Course to be followed by Court In considering an application for the exercise of its jurisdiction under this Part of this Act, 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 of this Act.
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 jur­ isdiction under this Part of this Act in accordance with section 25 of this Act, the Court shall determine whether or not to make an order under section 31 of this Act, and (if so) in rela­ tion to what property, having regard to the primary objectives speciﬁed in section 28 of this Act.
If the Court decides to make an order under section 31 of this Act in relation to any property, it shall determine which of the rights and powers speciﬁed in clause 1 of Schedule 1 to this Act 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.
29 (1) (2) (3) 30 Temporary orders (1) Where a Court is satisﬁed— (a) (b) That an application for the exercise of its jurisdiction under this Part of this Act has been made or is to be made in relation to any person; and That there are reasonable grounds for believing that that person may be a person in relation to whom a Court 26 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Part 3 s 31 (c) has jurisdiction under this Part of this Act in accordance with section 25 of this Act; and That it is in the best interests of that person that urgent provision be made for the protection of his or her prop­ erty or any part of it pending the ﬁnal determination of the application for the exercise of the Court’s jurisdic­ tion,— the Court may make a temporary order under this section.
(2) A temporary order may be made on the application of any (3) person speciﬁed in section 26 of this Act.

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 cross­examine witnesses in respect of the application, unless the Court otherwise orders.
(4) Nothing in sections 66 to 73 of this Act shall apply in respect (5) of an application for a temporary order under this section.

If a Court makes a temporary order, it shall appoint as tempo­ rary manager such ﬁt and proper person (being a person who would be eligible for appointment as manager under section 31 of this Act) 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.
(6) Where a Court decides to make a temporary order, sections 16, 31, 35 to 53, and 57 of this Act shall apply with any necessary modiﬁcations.

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

(8) 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 a Family Court.
31 (1) Appointment of manager Subject to the succeeding provisions of this section and to sec­ tions 31A and 31B of this Act, on an application for the ex­ ercise of a Court’s jurisdiction under this Part of this Act, the Court may make an order appointing one or more suitable per­ 27 Part 3 s 31 Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 sons (whether or not the person or persons proposed in the ap­ plication) to act as manager of the property, or any speciﬁed part of the property, of the person in respect of whom the ap­ plication is made.
(2) Where the Court appoints 2 or more managers, their responsi­ bility shall be jointly held, unless the Court orders otherwise.

(3) No person under the age of 20 years, and no body corporate other than a trustee corporation, shall be appointed a manager under this section.
(4) Where the person in respect of whom the application for the exercise of the Court’s jurisdiction is made is a patient or resi­ dent of a hospital, home, or other institution, the superintend­ ent, licensee, supervisor, or other person in charge of the hos­ pital, home, or other institution shall not be appointed a man­ ager under this section.
The Court shall not appoint any person a manager under this section unless it is satisﬁed— (a) (5) (b) That the proposed appointee is capable of carrying out the duties of a manager in a satisfactory manner, having regard to the needs of the person in respect of whom the application is made, and the relationship between that person and the proposed appointee; and That the proposed appointee will act in the best inter­ ests of the person in respect of whom the application is made; and The proposed appointee consents to the appointment.
(c) 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 as­ certain the wishes of the person in respect of whom the appli­ cation 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.

(6) (7) (8) 28 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Part 3 s 31B Subsection (1) was amended, as from 1 July 1993, by section 362(1) Te Ture Whenua Maori Act 1993 (1993 No 4) by inserting the words “and to sections 31A and 31B of this Act”.
31A Kai tiaki trusts 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 incorpo­ ration or any personal property to which any person under dis­ ability (within the meaning of Part 12 of that Act) is entitled, no property order made under section 31 of this Act and no declaration accepted by a trustee corporation and ﬁled under section 32(3) or section 33(4) of this Act shall apply in respect of any such interests or shares or property.
Sections 31A and 31B were inserted, as from 1 July 1993, by section 362(1) Te Ture Whenua Maori Act 1993 (1993 No 4).
31B Maori land or shares in Maori incorporation (1) Where it appears to a Family Court that an application for the exercise of the Court’s jurisdiction under this Part of this Act may result in an order appointing one or more persons to act as the manager of— (a) Beneﬁcial interests in Maori freehold land (as deﬁned in section 4 of Te Ture Whenua Maori Act 1993); or Shares in a Maori incorporation (as deﬁned in section 246 of Te Ture Whenua Maori Act 1993),— (b) the Court shall refer that application to the Maori Land Court.
(2) Where an application is referred to the Maori Land Court under subsection (1) of this section, 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.
(3) 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,— 29 Part 3 s 32 Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 (a) No order shall be made under section 31 of this Act in respect of those interests or shares; and (b) No trustee corporation shall, under section 32(3) or sec­ tion 33(4) of this Act, accept any application ﬁled under section 33 or section 34 of this Act in respect of those interests or shares.
(4) Where the Maori Land Court, after considering an application referred to that Court under subsection (1) of this section, de­ clines to constitute a kai tiaki trust in respect of any beneﬁcial interests in Maori freehold land or any shares in a Maori in­ corporation to which that application relates, a Family Court may— (a) Make a property order under section 31 of this Act in respect of those interests or shares or any of them; or (b) Otherwise exercise its jurisdiction under this Part of this Act in respect of those interests or shares or any of them.
Sections 31A and 31B were inserted, as from 1 July 1993, by section 362(1) Te Ture Whenua Maori Act 1993 (1993 No 4).
Application to trustee corporation to act as manager 32 (1) Any person who— (a) (b) (c) Has attained the age of 18 years; and Is domiciled or is ordinarily resident in New Zealand; and Considers that he or she lacks wholly or partly the com­ petence to manage his or her own affairs in relation to his or her property,— 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— (a) Contain particulars of the person’s lack of competence to manage his or her own affairs in relation to his or her property; and Specify the property of the applicant, and the rights and powers in respect of that property, of which the appli­ cant wishes the trustee corporation to assume control; and (b) (2) 30 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Part 3 s 32 (c) (d) Be accompanied by— (i) certiﬁcates from 2 medical practitioners (at least 1 of whom must be independent of the applicant, or a relative of the applicant) as to the extent of the applicant’s lack of competence to manage his or her own affairs in relation to his or her property; and (ii) A statutory declaration by the applicant that the applicant has received independent legal advice about, and understands the nature, purpose, and consequences of, the application and the appli­ cant’s right under section 34(c) of this Act to de­ clare that the trustee corporation shall no longer act as manager; and Be made to the trustee corporation within 30 days after the date of the earlier of the 2 medical certiﬁcates re­ ferred to in paragraph (c)(i) of this subsection, or of the date of the statutory declaration referred to in paragraph (c)(ii) of this subsection, whichever is the earlier.
(3) If the trustee corporation is satisﬁed that— (a) (b) (c) The applicant is not wholly competent to manage his or her own affairs in relation to his or her property; and It is in the best interests of that person that a manager act for that person; and The applicant seeks to have the trustee corporation as­ sume control of the property of the applicant, and of the applicant’s rights and powers in respect of that property (as speciﬁed in the application) only to the extent neces­ sary having regard to the degree of the applicant’s lack of competence,— 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 subsec­ tion (3) of this section.
(4) (5) On the ﬁling of a copy of an application under subsection (3) of this section, the trustee corporation shall become the manager of the property speciﬁed in the application and shall have and 31 Part 3 s 33 Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 may exercise in respect of that property the rights and powers speciﬁed in the application.
The original subsection (2)(c)(i) was amended, as from 1 July 1994, by section 2 Protection of Personal and Property Rights Amendment Act 1994 (1994 No 54) by substituting the words “medical specialist” for the word “psychiatrist”.

Subsection (2)(c)(i) was substituted, as from 1 July 1996, by section 143(1) Medical Practitioners Act 1995 (1995 No 95).

Subsection (2)(c)(i) was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48).
See sections 178 to 227 of that Act as to the transitional provisions.
33 Application to trustee corporation in respect of small estates (1) A person who may apply for an order under any of paragraphs (b) to (d) and (f) to (h) of section 26 of this Act 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.
(2) No application may be made under subsection (1) of this sec­ tion in relation to any property in respect of which a Court does not have jurisdiction under this Part of this Act.
Every application under this section shall be in writing, and shall— (a) (3) Contain particulars of the person’s lack of competence to manage his or her own affairs in relation to his or her property; and Specify the property of the person in respect of whom the application is made, and the rights and powers in respect of that property, of which the applicant wishes the trustee corporation to assume control; and be accompanied by certiﬁcates from 2 medical practi­ tioners (at least 1 of whom must be independent of the applicant and the person in respect of whom the appli­ cation is made) as to whether or not that person— (i) lacks the competence to manage his or her own affairs in relation to his or her property, and, if so, to what extent; and (b) (c) 32 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Part 3 s 33 (ii) is able to understand the nature, purpose, and consequences of the application; and (d) Where a certiﬁcate referred to in paragraph (c) of this subsection indicates that the person in respect of whom the application is made is able to understand the nature, purpose, and consequences of the application, be ac­ companied by a statutory declaration by the person that he or she has received independent legal advice about, and understands the nature, purpose, and consequences of, the application and that person’s right under section 34(c) of this Act to declare that the trustee corporation shall no longer act as manager; and Be made to the trustee corporation within 30 days af­ ter the date of the earlier of the 2 medical certiﬁcates referred to in paragraph (c) of this subsection or of the date of any statutory declaration referred to in paragraph (d) of this subsection, whichever is the earlier.
(e) (4) If the trustee corporation is satisﬁed that— (a) (b) (c) The person in respect of whom the application is made is not wholly competent to manage his or her own affairs in relation to his or her property; and It is in the best interests of that person that a manager act for that person; and The applicant seeks to have the trustee corporation as­ sume control of the property of that person, and of that person’s rights and powers in respect of that property (as speciﬁed in the application) only to the extent neces­ sary having regard to the degree of that person’s lack of competence,— 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 subsec­ tion (4) of this section.
(5) (6) On the ﬁling of a copy of an application under subsection (4) of this section, the trustee corporation shall become the manager of the property speciﬁed in the application and shall have and 33 Part 3 s 34 Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 (7) 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) of this section, 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.
Subsection (1) was amended, as from 28 July 1997, by section 3(1) Protection of Personal and Property Rights Amendment Act 1997 (1997 No 52) by inserting the words “or such other amount as is, from time to time, prescribed by Order in Council for the purposes of this subsection”.

The original subsection (3)(c) was amended, as from 1 July 1994, by section 3 Protection of Personal and Property Rights Amendment Act 1994 (1994 No 54) by substituting the words “medical specialist” for the word “psychiatrist”.
Subsection (3)(c) was substituted, as from 1 July 1996, by section 143(1) Med­ ical Practitioners Act 1995 (1995 No 95).

See clause 2 Medical Practitioners Act Commencement Order 1996 (SR 1996/162).

Subsection (3)(c) was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48).

See sections 178 to 227 of that Act as to the transitional provisions.
Subsection (7) was amended, as from 28 July 1997, by section 3(2) Protection of Personal and Property Rights Amendment Act 1997 (1997 No 52) by inserting the words “or such other amount as is, from time to time, prescribed by Order in Council for the purposes of this subsection”.
34 When a person ceases to be subject to property order (1) A person shall cease to be subject to a property order where— (a) (b) (c) The person dies; or The Court discharges the property order under section 87 of this Act; or In any case where a trustee corporation is acting as man­ ager pursuant to section 32 or section 33 of this Act, 7 days after the person for whom the corporation is act­ ing, by notice in writing to the corporation (a copy of which notice the corporation shall forthwith ﬁle with the Court) declares that the corporation shall no longer act as manager.
(2) Where— (a) A trustee corporation is acting as manager pursuant to section 32 or section 33 of this Act; and 34 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Part 4 s 37 (b) (c) The trustee corporation receives from the person for whom it is so acting a notice of a kind referred to in subsection (1)(c) of this section; and The trustee corporation knows that a welfare guardian or an attorney is acting for that person,— the trustee corporation shall inform the welfare guardian or attorney of the receipt of the notice.
Part 4 Managers Property not to vest in manager 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 of this Act.
Functions and duties of manager 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.
35 36 (1) (2) Without limiting the generality of subsection (1) of this sec­ tion, so far as is practicable in the circumstances and to en­ courage 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 man­ ager may allow that person to have control of and deal with any part of the property.
Security for performance of manager’s duties 37 (1) A Court may, if it thinks ﬁt, require any manager (other than a trustee corporation), upon appointment or at any time there­ after, to give such security to Public Trust as the Court thinks ﬁt for the due performance of the duties of the manager.
35 Part 4 s 38 Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 (2) The security may be a bond, with or without a surety or sureties, or such other security as the Court directs and ap­ proves.

(3) A Court may at any time, on the application of Public Trust, require a manager to give to Public Trust further or other se­ curity for the due performance of the manager’s duties.
(4) 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.

(5) 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.

Section 37 was amended, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100) by substituting the words “Public Trust” for the words “the Public Trustee” (or “The Public Trustee”) wherever they occur.

See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).
(6) Powers of manager 38 (1) 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.

(2) A manager of the property of a person subject to a property order may apply to a Court for directions relating to the exer­ cise of any of the manager’s rights and powers.
(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 notwith­ standing the fact that the manager is not the person claiming to be entitled to the estate or interest in land.

Subsection (3) was inserted, as from 1 July 1994, by section 4 Protection of Personal and Property Rights Amendment Act 1994 (1994 No 54).
36 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Part 4 s 40 39 Additional powers where Public Trust appointed manager For the purpose of enabling Public Trust to exercise effect­ ively 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, ei­ ther 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 to this Act.
The heading to section 39 was amended, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100) by substituting the words “Public Trust” for the words “Public Trustee”.

See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).

Section 39 was amended, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100) by substituting the words “Public Trust” for the words “the Public Trustee” wherever they occur.
It was further amended by substitut­ ing the words “Public Trust’s” for the words “the Public Trustee’s”.

See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).
40 (1) Application of Public Trust Act 2001 The management of the property of a person subject to a prop­ erty 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 provi­ sions 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.
(2) 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 add­ ition, there shall be payable in respect of that property remu­ neration and amounts in accordance with Public Trust’s scale of charges.
(3) 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 prop­ 37 Part 4 s 41 Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 erty otherwise ceases to be under the management of Public Trust before such payment is made.
The heading to section 40 was amended, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100) by substituting the words “Public Trust Act 2001” for the words “Public Trust Ofﬁce Act 1957”.

See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).

Section 40 was amended, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100) by substituting the words “Public Trust” for the words “the Public Trustee” wherever they occur.
See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).

Subsection (1) was amended, as from 1 March 2002, by section 170(1) Pub­ lic Trust Act 2001 (2001 No 100) by substituting the words “Public Trust Act 2001” for the words “Public Trust Ofﬁce Act 1957”, and by substituting the words “Public Trust” for the words “the Public Trust Ofﬁce”.

See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).
Subsection (2) was amended, as from 1 March 2002, by section 170(1) Pub­ lic Trust Act 2001 (2001 No 100) by substituting the words “remuneration and amounts in accordance with Public Trust’s scale of charges” for the words “the commissions and other charges from time to time prescribed by regula­ tions made under section 140 of the Public Trust Ofﬁce Act 1957”.

See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).
41 (1) Application of Maori Trustee Act 1953 The management of the property of a person subject to a prop­ erty order in respect of which the Maori Trustee is the man­ ager or one of the managers shall be deemed to be placed in the Maori Trust Ofﬁce; 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.
(2) All expenses incurred by the Maori 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 Maori 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.
38 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Part 4 s 43 (3) 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 prop­ erty otherwise ceases to be under the management of the Maori Trustee before such payment is made.
42 Manager’s powers subject to provisions of personal order Where a property order is made in respect of any person sub­ ject to a personal order, the exercise by the manager of the rights and powers conferred by or under this Part of this Act shall be subject to the terms of the personal order.
43 Manager’s duty to consult (1) (c) In the management of the property of a person subject to a property order, the manager shall, as far as it may be practic­ able, consult— (a) (b) The person for whom the manager is acting; and Such other persons, as are, in the opinion of the man­ ager, interested in the welfare of the person and compe­ tent to advise the manager in relation to the management of the person’s property; and A representative of any group that is engaged, otherwise than for commercial gain, in the provision of services and facilities for the welfare of persons in respect of whose property the Court has jurisdiction in accordance with section 25 of this Act, and that, in the opinion of the manager, is competent to advise the manager in relation to the property that is subject to the property order.
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) of this section, 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 39 (2) (3) Part 4 s 44 Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 Court for directions in the matter, and shall not incur any li­ ability in respect of anything done or omitted to be done in accordance with any such directions.
In any case to which subsection (3) of this section applies, the Court may make such order as to costs as it thinks ﬁt.

(5) Nothing in subsection (3) of this section shall oblige the man­ (4) ager to apply to a Court for directions.
(6) Without limiting any of the foregoing provisions of this sec­ tion, where a welfare guardian has been appointed for the per­ son 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 preju­ diced through any breakdown in communication between the manager and the welfare guardian.
44 (1) Effect of manager’s decisions, etc Every decision made by a manager in the exercise of the powers conferred by or under this Part of this Act, 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.
(2) Without limiting the generality of subsection (1) of this sec­ tion, 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 en­ forced 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.
(3) 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.
40 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Part 4 s 45 45 (1) (2) Statements required 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, as follows: (a) Within 3 months after the date of the commencement of his or her managership, a statement of the property, as at that date, of the person for whom the manager is acting: (b) Within 30 days after the expiry of each year during which his or her managership continues, a statement re­ lating to the property, as at the expiry of that year, of the person for whom the manager is acting and to the management of that property by the manager during that year: (c) Within 30 days after the date on which the manager ceases in accordance with section 52 of this Act to hold ofﬁce as manager, a statement relating to the property, as at that date, of the person for whom the manager was acting and to the management of that property by the manager during the period commencing with the expiry of the last complete year of his or her managership and ending with that date.
(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 sub­ section (2)(b) of this section and the transitional arrangements that, in relation to statements required to be ﬁled under subsec­ tion (2)(b) of this section, are to apply in relation to a change of balance date.
Every manager commits an offence and is liable upon convic­ tion on indictment 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.

(3) 41 Part 4 s 46 Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 (4) Every manager commits an offence and is liable on summary conviction to a ﬁne not exceeding $1,000 who fails to ﬁle a statement when required to do so by subsection (2) of this sec­ tion.
Subsection (2A) was inserted, as from 1 July 1994, by section 5 Protection of Personal and Property Rights Amendment Act 1994 (1994 No 54).

Statement to be examined by or on behalf of Public Trust 46 (1) Where any statement is ﬁled in a Court under section 45 of this Act 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 send the other copy to the person for whom the manager is acting.
Public Trust, or a chartered accountant appointed by Public Trust for the purposes of this section, shall examine a state­ ment transmitted to Public Trust under subsection (1) of this section, and shall prepare a report as to whether the statement is correct and, if not, in what respects it is deﬁcient.

(2) (4) (3) A report under subsection (2) of this section shall be ﬁled with the Court, and a copy of the report shall be given to the man­ ager who ﬁled the statement.
Public Trust, or a chartered accountant 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 docu­ ments 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 ne­ cessary.
If any person having the custody or control of any books, ac­ counts, vouchers, securities, or other documents to which Pub­ lic Trust, or a chartered accountant 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 chartered accountant to exercise such access or in any way obstructs the preparation of a report under subsection (2) of this section, a Court, on the application of Public Trust or the chartered ac­ countant, may make such order as it thinks appropriate.
(5) 42 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Part 4 s 48 (6) The remuneration and expenses of Public Trust, or any char­ tered accountant 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 man­ ager is acting, as the Court thinks just.
(8) (7) All expenses and costs for which the property of a person sub­ ject 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 chartered accountant appointed by Public Trust for the purposes of this section, shall not be liable for any expenses or costs under this section.
The heading to section 46 was amended, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100) by substituting the words “Public Trust” for the words “Public Trustee”.

See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).

Section 46 was amended, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100) by substituting the words “Public Trust” for the words “the Public Trustee” (or “The Public Trustee”) wherever they occur.
See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).

47 Inspection and copying of statements and reports by leave Any person may, by leave of the Court or of the Registrar, in­ spect 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 of this Act.
48 Enforcement of manager’s duty to prepare and ﬁle statements (1) Where a manager fails to ﬁle a statement in a Court when re­ quired to do so by section 45(2) of this Act, the Registrar of the Court shall draw the matter to the attention of a Judge, who may make an order directing the manager to remedy the default within such time as may be speciﬁed in the order.
43 Part 4 s 49 Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 (2) An order made under subsection (1) of this section may pro­ vide that all costs of and incidental to the application shall be borne by the manager.

(3) Nothing in this section shall limit or affect section 45(4) of this Act.
49 (1) Liability of manager Subject to subsection (2) of this section, 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.
(2) 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 con­ tract or arrangement or incurring the liability, disclose to that person that the manager is acting in that capacity.
Expenses of management and remuneration of managers 50 (1) All expenses properly incurred by a manager under this Part of this Act 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 en­ titled to remuneration for his or her services unless a Court otherwise directs, either in the property order or by a subse­ quent order.
(2) (3) All such expenses, remuneration, and other charges shall be payable out of the property of the person for whom the man­ ager is acting, although the person dies or the property other­ wise ceases to be under the management of the manager before such payment is made.
Grants to Public Trustee [Repealed] Section 51 was amended, as from 1 July 1995, by section 10(1) Department of Justice (Restructuring) Act 1995 (1995 No 39) by substituting the words “Minister of the Crown who is responsible for the Department for Courts” for the words “Minister of Justice”.

It was further amended by substituting the words “Department for Courts” for the words “Department of Justice”.
51 44 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Part 5 s 53 Section 51 was repealed, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100).

See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).
52 When manager ceases to hold ofﬁce A manager shall cease to hold ofﬁce as manager under this Part of this Act— (a) (b) If the person for whom the manager was acting dies; or If the manager dies or is adjudged bankrupt or becomes a special patient or a committed patient under the Men­ tal Health Act 1969 or becomes subject to a property order or becomes otherwise incapable of acting; or Unless the Court otherwise orders in any case where there are 2 or more managers, if one of the other man­ agers dies or is adjudged bankrupt or becomes a special patient or a committed patient under the Mental Health Act 1969 or becomes subject to a property order or be­ comes otherwise incapable of acting; or If the property order is discharged by the Court under section 87 of this Act; or Unless the Court otherwise orders, if another person is appointed as manager.
(c) (d) (e) Part 5 Powers and property of persons subject to property orders 53 (1) (2) Powers of persons subject to property orders Subject to section 36(2) of this Act, a person subject to a prop­ erty 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 prop­ erty, and every contract (except for necessaries), made or en­ tered into by a person subject to a property order who, by virtue of subsection (1) of this section 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.
45 Part 5 s 53 Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 (3) A Court may give leave to any person subject to a property order to make any such transfer, lease, mortgage, or other dis­ position, or to enter into any such contract, if the Court is sat­ isﬁed that the transaction is for the person’s beneﬁt and that the person consents to it with adequate understanding of its nature.
(5) (4) A manager shall not be entitled to avoid any transaction under subsection (2) of this section 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) of this section, avoid the transaction, the manager shall be deemed to have continued it.
Subject to subsection (8) of this section, if any transaction is avoided under subsection (2) of this section, 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 ad­ justing 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).
(6) (7) Without limiting the generality of subsection (6) of this sec­ tion, 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) of this section 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 (8) 46 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Part 5 s 54 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) of this section, the question whether goods or services are necessaries is a question of fact.

(9) 54 Testamentary powers of person subject to property order (1) Without limiting the generality of section 4 of this Act, a per­ son subject to a property order shall not, by reason only of being subject to that order, be incapable of making testament­ ary dispositions.
(4) (3) (2) 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 pur­ poses.

The Court may grant leave to make a testamentary disposition under subsection (2) of this section in respect of a testamentary disposition already made or to be made.
The Court may cause inquiries to be made as to the exis­ tence of any testamentary disposition made by a person sub­ ject to a property order before the making of the property order (whether such testamentary disposition was made before or af­ ter the passing of this Act), and may direct that any such tes­ tamentary 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 this Act of a new testament­ (6) (5) 47 Part 5 s 55 Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 ary disposition of that person’s estate in accordance with that present desire and intention.
55 Court may authorise manager to make testamentary disposition for person subject to property order (2) (1) Where the Court has given a direction under section 54(2) of this Act 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 cap­ acity, the Court may authorise the manager acting for that per­ son 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) of this section, it shall settle the proposed terms of the testamentary disposition provision­ ally, and hear such persons who wish to be heard and whom the Court is satisﬁed have a proper interest in the matter.
(3) 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 tes­ tamentary disposition authorised by the Court and executed by the manager in the same manner as the original testamentary disposition.
(4) Any testamentary disposition executed by a manager under this section shall be— (a) Signed in the manager’s name for and on behalf of the person for whom it is made, in the presence of 2 or more witnesses present at the same time; and (b) Attested and subscribed by those witnesses in the pres­ ence of the manager; and Sealed with the seal of the Court.
(c) The following provisions apply to a testamentary disposition authorised and executed under this section: (a) it is valid despite— (i) (ii) section 11 of the Wills Act 2007; and sections 9 and 10 of the Wills Act 1837 of the United Kingdom Parliament; and (b) it has the same effect for all purposes as it would have had if the person subject to the property order— (5) 48 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Part 5 s 57 (6) (i) (ii) had had testamentary capacity; and had executed the testamentary disposition in the manner required by the applicable section.
the The Law Reform (Testamentary Promises) Act 1949, 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.
(7) Notwithstanding paragraph (c) of subsection (4) of this sec­ tion, a testamentary disposition that is signed in accordance with paragraph (a) of that subsection, and attested and sub­ scribed in accordance with paragraph (b) of that subsection, shall be valid notwithstanding that the person to whom the tes­ tamentary disposition relates dies before it is sealed with the seal of the Court so long as the terms of the testamentary dis­ position accord with the directions of the Court.
(8) A testamentary disposition authorised and executed in accord­ ance 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.

Section 55(5): substituted, on 1 November 2007, by section 41 of the Wills Act 2007 (2007 No 36).
56 57 (1) Testamentary law otherwise unaffected Except as provided in sections 54 and 55 of this Act, nothing in this Act shall affect the law relating to testamentary dispos­ itions.
Proceedings, execution, etc, not to proceed without leave of Court 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,— (a) Bring or continue any proceedings (not being proceed­ ings under this Act or proceedings in the High Court) against the person in respect of whom the application is made; or 49 Part 5 s 57 Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 (b) (c) Issue any execution, attach any debt, or otherwise en­ force or seek to enforce any judgment or order (not be­ ing a judgment or order given under this Act) against the person in respect of whom the application is made; or enter into possession, sell, appoint a receiver, or take or continue any power or right under or in pursuance of any mortgage, charge, instrument, or other security over the property of the person in respect of whom the application is made; or (d) Determine or forfeit any tenancy, re­take or re­enter any premises, or take or continue any power or right under or in pursuance of any lease, tenancy, or agreement to let or lease against the property of the person in respect of whom the application is made.
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 percent of its equity share capital or issued shares, as the case may be.
For the purposes of subsection (2) of this section,— (a) In the case of a company registered under the Com­ panies Act 1955, the terms company, subsidiary, and equity share capital shall have the meanings assigned to them by sections 158 and 158A of the Companies Act 1955: the In the case of a company registered under Companies Act 1993, the terms company and sub­ sidiary shall have the meanings assigned to them by sections 5 and 6 of the Companies Act 1993.
(b) Subsection (1)(a) was amended, as from 1 July 1994, by section 6 Protection of Personal and Property Rights Amendment Act 1994 (1994 No 54) by inserting the words “or proceedings in the High Court”.

Section 57(1)(c): amended, on 1 January 2008, by section 364(1) of the Property Law Act 2007 (2007 No 91).

Section 57(1)(d): amended, on 1 January 2008, by section 364(1) of the Prop­ erty Law Act 2007 (2007 No 91).
Subsection (2) was amended, as from 1 July 1994, by section 2 Company Law Reform (Transitional Provisions) Act 1994 (1994 No 16) by inserting the words “or issued shares, as the case may be”.

(2) (3) 50 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Part 5 s 58 Subsection (3) was substituted, as from 1 July 1994, by section 2 Company Law Reform (Transitional Provisions) Act 1994 (1994 No 16).
(2) Notional preservation of character of assets converted 58 (1) Where any property (including money) is derived from any sale, mortgage, charge, or other disposition of any other prop­ erty 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 prop­ erty disposed of if no disposition had been made, and the sur­ plus 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) of this section, carry to a separate account an amount representing the prop­ erty so derived, or any balance for the time being remaining.
(3) 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 prop­ erly available for the purpose, except so far as the manager de­ cides that the payment should be made wholly or partly from the separate account.
Subject to subsection (5) of this section, this section shall ap­ ply 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 belong­ ing to a mentally defective person who died before the 18th day of 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 of this Act if it had then been in force.
(4) (5) No distribution that has been made before the commencement of this Act of property affected by any such order shall be 51 Part 5 s 59 Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 (6) disturbed by reason of this section or of section 59 or section 60 of this Act.

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.
59 Notional preservation of character of money expended for certain purposes (1) A Court shall have power to order that the whole or any part of any money expended or to be expended for— (a) The improvement, security, or advantage of any prop­ erty of a person subject to a property order; or Repaying money secured by a mortgage or other charge over such property,— (b) (3) (2) 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 pay­ ment 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.
(4) 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.
(5) 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.
Subsection (5) was amended, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100) by substituting the words “section 56 of the Public Trust Act 2001 or affect any charge created by subsection (4) of that section” for the words “section 39 of the Public Trust Ofﬁce Act 1957 or affect any charge created by subsection (3) of that section”.

See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).
52 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Part 5 s 61 60 Court may make orders for preserving nature and devolution of property (1) 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.
(2) Without limiting the generality of subsection (1) of this sec­ tion, 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 assur­ ances and things to be executed and done as it thinks expedi­ ent.
(3) 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.
61 (1) (2) Termination of notional preservation of character of assets Section 58 of this Act shall cease to apply to any capital money, and any charge on property created under an order of the Court made under section 59 of this Act shall be extinguished, and any order of the Court made under section 60 of this Act shall cease to have effect, if, at any time after section 58 of this Act 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 sub­ ject to a property order has been entitled for any continuous period of 12 months to manage the capital money, or the prop­ erty 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 en­ titled, section 58 of this Act 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,— (a) Made a valid testamentary disposition of, or paid or transferred to any other person beneﬁcially, the capital 53 Part 5 s 62 Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 (3) (4) money or the property charged or the money or other property affected by the order, as the case may be; or In the case of property charged, released the charge.
(b) This section shall not limit or affect any power of the Court under section 59 or section 60 of this Act to vary or discharge any such charge or order.

Subsection (2) of this section 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.
62 Court may settle the beneﬁcial interests of person subject to property order (1) 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 di­ rections— (a) Where the property has been acquired under a settle­ ment or will, or on intestacy, or represents property so acquired; or (b) Where,— (i) By reason of any change in the law or of any change in circumstances since the execution by the person of a testamentary disposition; or By reason of any absence of information at the time of that execution; or (ii) (iii) On account of the former management of the property or the expenditure of money in improv­ ing or maintaining it; or For any other special reason,— (iv) the Court is satisﬁed that the devolution or distribution of the property of the person, either under any testa­ mentary disposition or on intestacy, would be such as might cause injustice or hardship to any person.
(2) 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 main­ tenance and beneﬁt of members of the person’s family or for the provision of other persons or purposes for whom or which 54 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Part 5 s 62 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 prop­ erty.
(3) 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.
(4) (5) An application to a Court for an order under this section may be made by any of the following persons: (a) Any person who has or would have had any interest in the property of the person subject to a property order or any expectation of succession to any such property, whether that interest or expectation arises or could have arisen under a testamentary disposition that is known to exist or in the event of the intestacy of the person: The manager: Any other person who adduces proof of circumstances that, in the opinion of the Court, make it proper that that person should make the application.
(b) (c) (6) 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: 55 Part 5 s 62 Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 (a) (b) (c) (d) The manner in which the property has been settled or dealt with on former occasions: In the case of any land or business, the welfare of the persons employed in connection with the land or busi­ ness, and the expediency of settling other assets to de­ volve with the land or business: The provisions of any testamentary disposition of the person subject to a property order: The expediency of providing for— (i) Payments or annuities for the wife, husband, civil union partner, de facto partner, or children of the person subject to a property order or for other persons dependent on that person, and for other annual or capital charges and the power to create them: The continuation or provision of any superannu­ ation or pension, and the application of any part of the income for charitable purposes: (ii) (iii) Discretionary trusts, trusts for effecting or main­ taining policies of insurance, powers of appoint­ ment, sinking funds for making good any losses (instead of or in addition to insurance), or any other purposes: (iv) The extension of any statutory powers of invest­ (v) ment, management, or otherwise: The manner in which any costs are to be raised and paid, whether out of the settled property or otherwise: (vi) Any other matter or thing that the Court may con­ sider material, having regard to the nature of the settlement, development, and enjoyment, and to the persons who are to take, either successively or otherwise.
(7) 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 settle­ 56 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Part 6 s 63 ment 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.
(8) Without limiting the provisions of section 111 of this Act, rules of Court may be made for all or any of the following purposes: Giving effect to the provisions of this section: (a) Compelling information to be furnished respecting, and (b) production of, testamentary dispositions, and their lodg­ ment in Court: (c) Making representation orders.
Subsection (4) was amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by substituting the words “a minor who is not married or in a civil union” for the words “an unmarried minor”.

Subsection (6)(d)(i) was amended, as from 26 April 2005, by section 7 Rela­ tionships (Statutory References) Act 2005 (2005 No 3) by inserting the words “civil union partner, de facto partner,” after the word “husband,”.
Subsection (8) was amended, as from 13 September 2002, by section 6 Family Courts Amendment Act 2000 (2000 No 65) by substituting the words “rules of Court may be made” for the words “rules may from time to time be made under that section”.

See clause 2 Family Courts Amendment Act Commencement Order 2002 (SR 2002/254).
Part 6 Procedure Service of copy of application required 63 (1) 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: (a) Subject to subsection (2) of this section, the person in respect of whom the application is made: Each parent or guardian of that person: If that person is not living with either of his or her par­ ents or guardians, any person with whom that person is living: If it is proposed that a person be appointed as welfare guardian or manager, the proposed appointee: If a welfare guardian is acting for that person, that wel­ fare guardian: If that person is subject to a property order, the manager of that person’s property: (b) (c) (d) (e) (f) 57 Part 6 s 64 Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 (2) (g) Any other person speciﬁed by the Court.
The Court may dispense with service under subsection (1)(a) of this section where it is satisﬁed that— (a) The person in respect of whom the application is made wholly lacks the capacity to understand the nature and purpose of the proceedings; or Exceptional circumstances exist of a nature to justify dispensing with service.

(b) (3) Any person served with proceedings under subsection (1) of this section shall be entitled to appear and be heard as a party to the proceedings.
Applications may be joined, etc 64 (1) Applications under Parts 1 and 3 of this Act may be joined, and, subject to any rules of Court, it shall not be necessary to ﬁle separate applications.

(3) (2) A Court may hear and determine any proceedings before it under Part 1 of this Act in conjunction with any proceedings under Part 3 of this Act 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 of this Act that a property order should be made, either in addition to or instead of a personal order, or if it appears to a Court hear­ ing an application under Part 3 of this Act 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 of this Act.
Subsection (1) was amended, as from 13 September 2002, by section 6 Family Courts Amendment Act 2000 (2000 No 65) by substituting the words “rules of Court” for the words “rules of procedure made under this Act”.

See clause 2 Family Courts Amendment Act Commencement Order 2002 (SR 2002/254).
65 Appointment of barrister or solicitor by Court or Registrar (1) On an application for the exercise of the Court’s jurisdiction under this Act, a Court or the Registrar of a Court must ap­ 58 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Part 6 s 65 (2) (b) point a barrister or solicitor to represent the person in respect of whom the application is made, unless the Court or the Regis­ trar is satisﬁed that the person has retained or will retain a bar­ rister or solicitor.
So far as may be practicable, it shall be the duty of the barrister or solicitor appointed under subsection (1) of this section to— Contact the person in respect of whom the application (a) is made, explain to that person the nature and purpose of the application, and ascertain and give effect to that person’s wishes in respect of the application; and Evaluate the solutions for the problem for which an order is sought submitted by other parties to the pro­ ceedings, taking account of the need to ﬁnd a solution that— (i) Makes the least restrictive intervention possible in the life of the person in respect of whom the application is made, having regard to the degree of incapacity or incompetence of that person; and Enables or encourages the person in respect of whom the application is made to develop and ex­ ercise such capacity or competence that the per­ son may have to the greatest extent possible.
(ii) (3) Without limiting anything in the preceding provisions of this section, in respect of any application for the exercise of the Court’s jurisdiction under this Act, a Court may appoint , or direct the Registrar of the Court to appoint, a barrister or so­ licitor to assist the Court.
(4) A barrister or solicitor 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 barristers or solici­ tors appointed under this section, and reasonable expenses in­ curred,— (a) May be determined in accordance with regulations (5) made under this Act; and (b) Are payable out of public money appropriated by Par­ liament for the purpose.
59 Part 6 s 65 Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 (6) (7) The bill of costs rendered by a barrister or solicitor appointed under this section shall be given to the Registrar of the Court in which the proceedings were heard, and the Registrar may tax the bill of costs.
If the barrister or solicitor is dissatisﬁed with the decision of the Registrar as to the amount of the bill, the barrister or so­ licitor 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.
(8) Notwithstanding subsection (5) of this section, 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.
Section 65 heading: amended, on 18 May 2009, by section 4(1) of the Protection of Personal and Property Rights Amendment Act 2008 (2008 No 84).

Section 65(1): amended, on 18 May 2009, by section 4(2)(a) of the Protection of Personal and Property Rights Amendment Act 2008 (2008 No 84).

Section 65(1): amended, on 18 May 2009, by section 4(2)(b) of the Protection of Personal and Property Rights Amendment Act 2008 (2008 No 84).
Section 65(3): amended, on 18 May 2009, by section 4(3) of the Protection of Personal and Property Rights Amendment Act 2008 (2008 No 84).

The original subsection (5) was amended, as from 1 July 1989, by section 86(1) Public Finance Act 1989 (1989 No 44) by substituting the word “pub­ lic” for the words “the Consolidated Account from”.

Subsection (5) was substituted, as from 1 July 1994, by section 7 Protection of Personal and Property Rights Amendment Act 1994 (1994 No 54).
The previous subsection (5)(b) was amended, as from 1 July 1995, by section 10(1) Department of Justice (Restructuring) Act 1995 (1995 No 39) by substi­ tuting the words “Bank Account operated by the Department for Courts” for the words “Bank Account”.

Subsection (5)(b) was substituted, as from 3 June 1998, by section 2 Protection of Personal and Property Rights Amendment Act 1998 (1998 No 58).
See sec­ tion 5 of that Act as to the transitional provision relating to appeals from the Family Court to the High Court.
60 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Part 6 s 68 Pre­hearing conferences Calling of pre­hearing conference 66 (1) 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 pre­hearing conference: (a) (b) (c) The applicant: The person in respect of whom the application is made: Any barrister or solicitor appointed pursuant to section 65(1) of this Act to represent that person: (d) Any other person upon whom a copy of the application has been served in accordance with section 63 of this Act.
(2) When an application for the exercise of the Court’s jurisdic­ tion under this Act has been ﬁled in a Court, any Family Court Judge may direct the Registrar to convene a pre­hearing con­ ference.
(3) On receiving a request under subsection (1) or a direction under subsection (2) of this section, the Registrar shall— (a) Appoint a time and place for the holding of a pre­hear­ ing conference, being as soon as reasonably practicable after the receipt of the request or direction; and (b) Give notice to each of the persons referred to in para­ graphs (a) to (d) of subsection (1) of this section of the time and place of the pre­hearing conference, and re­ quest each of those persons to attend the conference.
67 Objectives of pre­hearing conference The objectives of a pre­hearing conference shall be— (a) To identify the problem for which an order of the Court is sought; and To reach agreement between the parties and the person in respect of whom the application is made on a solution for the problem.

(b) 68 (1) Procedure at pre­hearing conference Every pre­hearing conference shall be presided over by a Fam­ ily Court Judge.
61 Part 6 s 69 Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 (2) (3) (4) (5) 69 (1) The barrister or solicitor representing the person in respect of whom the application is made shall be present at the pre­hear­ ing conference to assist and advise that person (if that person is present) or to represent that person (if that person is not pre­ sent).
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 pre­hearing conference to assist and advise that party.

Subject to any direction by the presiding Judge to the contrary, every pre­hearing 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.
Identiﬁcation of issues If the parties at a pre­hearing 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.

(2) 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— (a) (3) The person in respect of whom the application is made was present during the pre­hearing conference; and The person was able to understand the nature and pur­ pose of the proceedings; and The person agreed to any matter referred to in subsec­ tion (1) of this section.
(b) (c) The record made by the presiding Judge under subsection (1) or subsection (2) of this section shall be ﬁled in the District Court in which the relevant application is ﬁled.
Power of presiding Judge to make consent orders Subject to subsection (2) of this section, at a pre­hearing con­ ference the presiding Judge may, by consent of the parties, (4) 70 (1) 62 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Part 6 s 73 (2) make any orders that could have been made by a Family Court exercising jurisdiction under this Act.
The presiding Judge shall not make an order under subsection (1) of this section 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.

(3) An order made under this section shall for all purposes have the same effect as if it were made by consent in proceedings before a Family Court.
Power to require attendance at pre­hearing conference 71 (1) Where a person fails to comply with a request under section 66 of this Act to attend a pre­hearing conference, a District Court Judge may, on the request of the Registrar of the Court, issue a summons requiring the person to attend a pre­hearing conference at a time and place to be speciﬁed in the summons.
Subsections (1), (2), (3), and (5) of section 20 of the Summary Proceedings Act 1957 shall apply to a summons under this sec­ tion as if it were a witness summons issued under that section.

(2) Privilege 72 (1) No evidence shall be admissible in any court, or before any person acting judicially, of any information, statement, or ad­ mission disclosed or made in the course of a pre­hearing con­ ference.
(2) Nothing in subsection (1) of this section shall apply to a record made by a Family Court Judge under section 69 of this Act, or to any consent order made under section 70 of this Act, or to any proceedings for the review of such an order.
73 Presiding Judge may hear subsequent proceedings The Family Court Judge who presides over a pre­hearing con­ ference 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,— (a) That it would be inappropriate for the Judge to do so; or 63 Part 6 s 74 Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 (b) That there is some other sufﬁcient reason for the appli­ cation to be heard by another Judge.
Proceedings before Court 74 (1) (2) (3) (4) (5) Attendance of person in respect of whom application is made The person in respect of whom an application for the exercise of the Court’s jurisdiction under this Act is made shall be pre­ sent throughout the hearing unless excused or excluded by the Court under subsection (2) or subsection (3) of this section.
The Court may excuse the person if it is satisﬁed that the per­ son wholly lacks the capacity to understand the nature and purpose of the proceedings, or that attendance or continued attendance is likely to cause that person serious mental, emo­ tional, or physical harm.

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— (a) The person has been excused or excluded under subsec­ tion (2) or subsection (3) of this section; or There are exceptional circumstances justifying the Court making an order in the absence of the person.
(b) Right of person to be heard and call evidence 75 (1) 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 cross­examine any witness called by any party to the proceedings.
(2) Without limiting anything in subsection (1) of this section, where the person is present and appears capable of address­ ing 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 de­ 64 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Part 6 s 76 sirable 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.
(3) 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.
Court may call for report on person 76 (1) 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,— (a) (b) request any person whom it considers qualiﬁed to do so to prepare a medical, psychiatric, psychological, or other report on the person in respect of whom the appli­ cation is made; or direct the Registrar of the Court to request any person whom the Registrar considers qualiﬁed to do so to pre­ pare a medical, psychiatric, psychological, or other re­ port on the person in respect of whom the application is made.
(2) In deciding whether or not to request a report or make a direc­ tion under subsection (1) of this section, 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.
(3) A copy of any report obtained under this section shall be given by the Registrar of the Court to— (a) The barrister or solicitor for each party to the proceed­ ings and for the person in respect of whom the appli­ cation is made or, if any party is not represented by a barrister or solicitor, to that party; and (b) Any barrister or solicitor appointed under section 65(3) of this Act.
(4) A report given to a barrister or solicitor under subsection (3) of this section shall not be given or be shown to the person for whom the barrister or solicitor is acting if the Court so orders.
65 Part 6 s 77 Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 (5) Fees for reports prepared pursuant to a request under subsec­ tion (1) of this section, and reasonable expenses incurred,— (a) May be determined in accordance with regulations made under this Act; and (b) Are payable by such party or parties to the proceed­ ings as the Court orders or, if the Court so decides, are payable out of public money appropriated by Par­ liament 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.
(6) Any party to the proceedings, or the person in respect of whom the application is made, or any barrister or solicitor appointed under section 65(3) of this Act 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.
Section 76(1): substituted, on 18 May 2009, by section 5(1) of the Protection of Personal and Property Rights Amendment Act 2008 (2008 No 84).

(7) Section 76(2): amended, on 18 May 2009, by section 5(2) of the Protection of Personal and Property Rights Amendment Act 2008 (2008 No 84).

Subsection (5) was substituted, and subsection (5A) was inserted, as from 1 July 1994, by section 8 Protection of Personal and Property Rights Amendment Act 1994 (1994 No 54).
The previous subsection (5)(b) was amended, as from 1 July 1995, by section 10(1) Department of Justice (Restructuring) Act 1995 (1995 No 39) by substi­ tuting the words “Bank Account operated by the Department for Courts” for the words “Bank Account”.

Subsection (5)(b) was substituted, as from 3 June 1998, by section 3 Protection of Personal and Property Rights Amendment Act 1998 (1998 No 58).
See sec­ tion 5 of that Act as to the transitional provision relating to appeals from the Family Court to the High Court.

Evidence In any proceedings under this Act, whether by way of hearing in the ﬁrst instance or by way of appeal or otherwise, a court 77 66 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Part 6 s 79 may receive any evidence that it thinks ﬁt, whether it is other­ wise admissible in a court of law or not.
Power of Court to call witnesses 78 (1) Without limiting anything in section 77 of this Act, 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.

(2) 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.
(4) (3) A witness called by a Court under this section may be exam­ ined and re­examined by the Court, or by any barrister or so­ licitor assisting the Court, and may be cross­examined by or on behalf of any party to the proceedings or the person in re­ spect of whom the application is made.
Sections 20, 38, and 39 of the Summary Proceedings Act 1957, so far as they are applicable and with the necessary modiﬁca­ tions, shall apply with respect to every person called as a wit­ ness 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 sec­ tion 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.

Subsection (5) was amended, as from 1 July 1989, by section 86(1) Public Fi­ nance Act 1989 (1989 No 44) by substituting the word “public” for the words “the Consolidated Account from”.
(5) 79 (1) Attendance at hearings The following persons may attend a hearing of an application under this Act: (a) (b) (c) (d) ofﬁcers of the Court: parties to the proceedings: lawyers representing parties to the proceedings: the person in respect of whom the application is made: 67 Part 6 s 80 Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 (e) (f) the lawyer representing the person in respect of whom the application is made: a barrister or solicitor appointed under section 65(3) to assist the Court: (g) witnesses: (h) (i) accredited news media reporters: persons whom the Judge permits to be present as sup­ port persons for any person described in paragraphs (b) and (d): (j) any other person whom the Judge permits to be present.
The Family Court Judge must agree to a request under sub­ section (1)(i) unless the Judge considers there is a good reason why the named support persons should not be permitted to be present.

(2) (3) No support persons may help a party conduct his or her case.
If, during a hearing, the Family Court Judge requests a person (4) of any of the following kinds to leave the courtroom, the per­ son must do so: a witness: (a) an accredited news media reporter: (b) a support person whom the Judge permitted to be pre­ (c) sent under subsection (1)(i).

(5) Nothing in this section limits any other power of the Court— to hear proceedings in private; or to permit a McKenzie friend to be present; or to exclude any person from the Court.
(a) (b) (c) Section 79: substituted, on 18 May 2009, by section 6 of the Protection of Per­ sonal and Property Rights Amendment Act 2008 (2008 No 84).

Publication of reports of proceedings Sections 11B to 11D of the Family Courts Act 1980 apply to the publication of a report of any proceedings under this Act— (a) (b) in a Family Court: in any other court, in which case references in those sections to the Family Court or Court must be read as references to that other court.
Section 80: substituted, on 18 May 2009, by section 7 of the Protection of Per­ sonal and Property Rights Amendment Act 2008 (2008 No 84).

80 68 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Part 7 s 83 81 82 83 (1) (2) (3) Costs 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.
Part 7 Appeals and reviews Court to state whether order is suspended pending appeal 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.
Right of appeal to High Court 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 applica­ tion was made may, with the leave of the Court, appeal to the High Court against the order.

The High Court Rules and sections 74 to 78 of the District Courts Act 1947, with all necessary modiﬁcations, apply to an appeal under subsection (1) or subsection (2) as if it were an appeal under section 72 of that Act.
(4) On the ex parte application of the appellant, the Court may order that the appellant must not be required under section 74(1) of the District Courts Act 1947 to give the Registrar of the High Court security for costs.

Subsection (4) overrides subsection (3).

Section 83 was substituted, as from 3 June 1998, by section 4 Protection of Personal and Property Rights Amendment Act 1998 (1998 No 58).
See section 5 of that Act as to the transitional provision relating to appeals from the Family Court to the High Court.

(5) Sections 83 and 83A were substituted, as from 24 November 2003, by section 4 District Courts Amendment Act 2002 (2002 No 63).

See section 5 of that Act 69 Part 7 s 83A Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 for the transitional provision relating to appeals.

See clause 2 District Courts Amendment Act Commencement Order 2003 (SR 2003/281).
83A Procedure on appeal to High Court The High Court Rules and sections 75 to 78 of the District Courts Act 1947, with all necessary modiﬁcations, apply to an appeal under section 83.

Section 83A was inserted, as from 3 June 1998, by section 4 Protection of Per­ sonal and Property Rights Amendment Act 1998 (1998 No 58).

See section 5 of that Act as to the transitional provision relating to appeals from the Family Court to the High Court.
Sections 83 and 83A were substituted, as from 24 November 2003, by section 4 District Courts Amendment Act 2002 (2002 No 63).

See section 5 of that Act for the transitional provision relating to appeals.

See clause 2 District Courts Amendment Act Commencement Order 2003 (SR 2003/281).

Sections 83A and 84 were substituted, as from 1 January 2004, by section 48(1) Supreme Court Act 2003 (2003 No 53).

See sections 50 to 55 of that Act for the transitional and savings provisions.
84 Further appeal to Court of Appeal 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.

Sections 83A and 84 were substituted, as from 1 January 2004, by section 48(1) Supreme Court Act 2003 (2003 No 53).

See sections 50 to 55 of that Act for the transitional and savings provisions.
85 (1) Where— (a) Appeals to Court of Appeal from decisions of High Court An application to a Family Court for the exercise of the Court’s jurisdiction under this Act has been transferred to the High Court in accordance with section 14 of the Family Courts Act 1980; and (b) The High Court has made or refused to make an order,— 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) of this section, except an appeal upon a question of law, shall be by way of rehearing of (2) 70 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Part 7 s 86 the original proceedings as if the proceedings had been prop­ erly commenced in the Court of Appeal.

(3) Subsection (3) was repealed, as from 1 January 2004, by section 48(1) Supreme Court Act 2003 (2003 No 53).
See sections 50 to 55 of that Act for the transi­ tional and savings provisions.

Review of personal orders 86 (1) Without limiting anything in sections 10(3), 11(4), and 12(7) of this Act, the following persons may at any time apply to a Court for a review of any personal order, whether made by consent or otherwise: (a) (b) Any welfare guardian or manager who is acting for that The person in respect of whom the order was made: person: Any other person, with the leave of the Court.
(c) (2) Without limiting the discretion of the Court on any application under subsection (1) of this section, but subject to subsection (3) of this section, on an application made pursuant to section 10(3) or section 11(4) or section 12(7) of this Act, the Court shall review— (a) The capacity of the person to understand the nature and to foresee the consequences of decisions in respect of matters relating to the personal care and welfare of the person; and The capacity of the person to communicate decisions in respect of such matters.
(b) (3) Notwithstanding anything in subsection (2) of this section, where an application for review is made to provide for a new welfare guardian to be appointed in place of the present wel­ fare guardian, the Court shall not be obliged to review (but may review) the matters speciﬁed in that subsection.

(4) On any application for the review of a personal order, the pri­ mary objectives of the Court shall be those set out in section 8 of this Act.
Subject to subsection (6) of this section, on any application for review of a personal order, a Court may— Vary or decline to vary the order; or (a) (b) Discharge or decline to discharge the order; or (5) 71 Part 7 s 86 Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 Extend the order for a further period; or (c) (d) Make any order, whether in addition to or instead of the order under review, that it could have made on the original application.
(6) On any application to which subsection (2) of this section ap­ plies, 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 of this Act, that the order con­ tinues 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: (a) (7) (b) (c) In the case of an order made under section 11 of this Act, the Court shall specify a date, being not later than 3 years after the date of the new order, by which the person appointed to administer the property is to apply to the Court for a further review of the original order: In the case of an order made under section 12 of this Act, the Court shall specify a date, being not later than 3 years after the date of the new order, by which the welfare guardian is to apply to the Court for a further review of the original order: In any other case, the Court may specify a date by which the original order is to be further reviewed by the Court and, if it does so, the Court shall also specify the person or persons who is or are to be responsible for applying to the Court for a further review of the original order before the speciﬁed date.
(8) Notwithstanding anything in paragraph (a) or paragraph (b) of subsection (7) of this section, the Court may specify a date, for a further review of the original order, later than 3 years but not later than 5 years after the date of the new order if it is satisﬁed, in the exceptional circumstances of the case, that an earlier review is not necessary in the interests of the person to whom the order relates.
72 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Part 7 s 87 Review of property orders 87 (1) Where a trustee corporation— (a) (b) 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 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 shall,— (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 ac­ cordance with the Protection of Personal and Property Rights Regulations 1988.
(1B) The reports required under subsection (1) of this section com­ prise— (a) a report from each of 2 medical practitioners (at least 1 of whom must be 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 con­ dition of the person subject to the order, which report— Shall indicate whether or not there has been any (i) change in that person’s condition since the appli­ cation was made; and Shall contain other relevant information.
(ii) 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 (1C) 73 Part 7 s 87 Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 (b) A full review by the Court in accordance with subsec­ tions (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 ap­ plication of a person speciﬁed in subsection (2) of this section, direct that a full review of the case be undertaken and subsec­ tions (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.
In any case other than a case in which reports have been ﬁled under subsection (1) of this section in relation to a person sub­ ject to a property order, any person who, under a property order, is the manager of any property and who is of the opin­ ion that the property order should be discharged may ﬁle in the Court— (a) (1F) a report from each of 2 medical practitioners (at least 1 of whom must be 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 man­ age his or her own affairs in relation to his or her prop­ erty; 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 Shall contain other relevant information.
(ii) (1G) If, after consideration of the reports ﬁled in accordance with subsection (1F) of this section, the Court is of the opinion— 74 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Part 7 s 87 (a) (b) That the order should be discharged; and That a full review by the Court in accordance with sub­ sections (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 sec­ tion, 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) Without limiting anything in section 31(8) of this Act or in subsections (1) to (1H) of this section, the following persons may at any time apply to a Court for a review of any property order, whether made by consent or otherwise: (a) (b) The person in respect of whom the order was made: The manager or any welfare guardian who is acting for that person: Any person described in paragraphs (b) to (h) of section 26 of this Act: (c) (d) Any other person, with the leave of the Court.
(3) Without limiting the discretion of the Court on any application under subsection (2) of this section, but subject to subsection (4) of this section, on an application made pursuant to section 31(8) of this Act or 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, 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.
(4) Notwithstanding anything in subsection (3) of this section, 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 mat­ ters speciﬁed in that subsection.

(5) On any application for the review of a property order, the pri­ mary objectives of the Court shall be those set out in section 28 of this Act.
Subject to subsection (7) of this section, on any application for review of a property order, a Court may— (6) 75 Part 7 s 87 Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 Vary or decline to vary the order; or (a) (b) Discharge or decline to discharge the order; or (c) (d) Make any order, whether in addition to or instead of the Extend the order; or order under review.
(7) On any application to which subsection (3) of this section ap­ plies, the Court shall not make any order that would extend the original order beyond the date on which it would otherwise ex­ pire unless the Court is satisﬁed, having regard to the relevant provisions of Part 3 of this Act, 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 not later than 3 years after the date of the new order, by which the man­ ager is to apply to the Court for a further review of the original order.
(8) (9) Notwithstanding anything in subsection (8) of this section, the Court may specify a date, for a further review of the original order, later than 3 years but not later than 5 years after the date of the new order if it is satisﬁed, in the exceptional circum­ stances of the case, that an earlier review is not necessary in the interests of the person to whom the order relates.
(10) No order to which subsection (8) or subsection (9) of this sec­ tion 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.

Subsection (1) was substituted, and subsections (1A) and (1B) were inserted, as from 1 July 1994, by section 9(1) Protection of Personal and Property Rights Amendment Act 1994 (1994 No 54).
Subsection (1B)(a) was substituted, as from 1 July 1996, by section 143(1) Med­ ical Practitioners Act 1995 (1995 No 95).

See clause 2 Medical Practitioners Act Commencement Order 1996 (SR 1996/162).

Subsection (1B)(a) was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48).

See sections 178 to 227 of that Act as to the transitional provisions.
Subsections (1C) to (1F) were inserted, as from 1 July 1994, by section 9(1) Protection of Personal and Property Rights Amendment Act 1994 (1994 No 54).

76 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Part 8 s 90 Subsection (1F)(a) was substituted, as from 1 July 1996, by section 143(1) Med­ ical Practitioners Act 1995 (1995 No 95).

See clause 2 Medical Practitioners Act Commencement Order 1996 (SR 1996/162).
Subsection (1F)(a) was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48).

See sections 178 to 227 of that Act as to the transitional provisions.

Subsections (1G) and (1H) were inserted, as from 1 July 1994, by section 9(1) Protection of Personal and Property Rights Amendment Act 1994 (1994 No 54).
Subsection (2) was amended, as from 1 July 1994, by section 9(2) Protection of Personal Property Rights Amendment Act 1994 (1994 No 54) by substituting the expression “subsections (1) to (1H)” for the expression “subsection (1)”.
Subsection (3) was amended, as from 1 July 1994, by section 9(3) Protection of Personal Property Rights Amendment Act 1994 (1994 No 54) by 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,” for the words “subsection (1) of this section,”.

Subsection (10) was inserted, as from 1 July 1994, by section 9(4) Protection of Personal Property Rights Amendment Act 1994 (1994 No 54).
88 Procedure on review On any application for the review of any personal order or property order, the provisions of sections 63 to 65 and 74 to 81 of this Act, so far as they are applicable and with any ne­ cessary modiﬁcations, shall apply.
Review of welfare guardian’s or manager’s decisions 89 (1) A person for whom a welfare guardian or a manager is act­ ing, 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 deci­ sion and make such order as it thinks ﬁt.

(2) An order made under subsection (1) of this section shall have effect according to its tenor.
Part 8 Reciprocal provisions 90 Interpretation In this Part of this Act, unless the context otherwise requires,— Authorised ofﬁcer means an ofﬁcer charged by the laws of any country (other than New Zealand) with the care, recov­ 77 Part 8 s 91 Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 ery, collection, preservation, or administration of the property and estates of persons in that country who, by the law of that country, are or are deemed to be incapable, by reason of their mental condition, of managing their own affairs Country includes any State, territory, province, or other part of a country Incapacitated person, in relation to any person in a country other than New Zealand, means a person who— (a) Has been committed to or is lawfully detained in a hos­ pital or other institution authorised by the law of the country where he or she is for the reception and care of persons suffering from any form of mental disorder, mental illness, or mental disability; or (b) Has been found to be suffering from any form of men­ tal disorder, mental illness, or mental disability by any court, tribunal, or other authority or person of com­ petent jurisdiction in the country where he or she is, whether or not he or she has been committed to or is detained in any hospital or institution,— and who, under the law of that country, is not or is deemed not to be competent, by reason of such disorder, illness, or disability, of managing his or her own affairs in relation to his or her property; or (c) Is subject to any rule of law in that country providing for the protection of personal and property rights of persons who wholly or partially lack the capacity to understand the nature and foresee the consequences of decisions in respect of matters relating to their personal care and welfare.
Powers of Public Trust as to property in New Zealand of incapacitated person in another country The Governor­General may from time to time, by Order in Council, apply the provisions of this section, subject to any ex­ ceptions and modiﬁcations speciﬁed in the order, to any coun­ try speciﬁed in the order.
If an authorised ofﬁcer of any country in respect of which an Order in Council under subsection (1) of this section is for the time being in force— 91 (1) (2) 78 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Part 8 s 91 (a) (b) Certiﬁes in writing under his or her hand and seal to Public Trust that— (i) Any person in that country (whatever that per­ son’s domicile may be) is, by the law of that country, an incapacitated person; and That the person is possessed of or entitled to or interested in any property in New Zealand; and (ii) Such authorised ofﬁcer, by instrument in writing under his or her hand and seal, authorises Public Trust to col­ lect, manage, sell, or otherwise dispose of and adminis­ ter that property or to make inquiry respecting it,— (3) (4) 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) of this section, 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) of this section related has died or is no longer an incapaci­ tated 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 deliv­ ery; and shall duly account for it to such ofﬁcer.
The heading to section 91 was amended, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100) by substituting the words “Public Trust” for the words “Public Trustee”.

See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).
79 Part 8 s 92 Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 Section 91 was amended, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100) by substituting the words “Public Trust” for the words “the Public Trustee” (or “The Public Trustee”) wherever they occur.

See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).
92 Appointment of authorised ofﬁcer in another country 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) of this Act 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) author­ ise that ofﬁcer to collect, manage, sell, or otherwise dispose of and manage such property, or to make inquiry respecting it.
93 (1) Resealing in New Zealand The Governor­General may from time to time, by Order in Council, apply the provisions of this section, subject to any ex­ ceptions and modiﬁcations speciﬁed in the order, to any coun­ try speciﬁed in the order.
(2) When any Order in Council under subsection (1) of this sec­ tion 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.
(3) On the sealing of the order or declaration under subsection (2) of this section, it shall, subject to subsection (4) of this section 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.
80 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Part 9 s 93A (4) 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 appoint­ ment 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.
(5) Part 9 Enduring powers of attorney 93A Purpose of this Part (1) The purpose of this Part is to enable a person (the donor) to— grant to another person an enduring power of attorney to (a) act in relation to the donor’s personal care and welfare if the donor becomes mentally incapable: grant to another person or persons enduring powers of attorney to act in relation to the donor’s property af­ fairs— (i) if the donor becomes mentally incapable; or (ii) while the donor is mentally capable and if the (b) donor becomes mentally incapable: (c) grant to another person an enduring power of attorney to act in both capacities.
(2) Accordingly, this Part— (a) (b) (c) (d) (e) (f) states the requirements for creating an enduring power of attorney: deﬁnes when a donor is mentally incapable for the pur­ poses of this Part: states the duties of an attorney (in addition to those set out in the enduring power of attorney): sets out the Court’s jurisdiction in respect of an enduring power of attorney: provides for the review by the Court of any decision of an attorney: establishes the circumstances in which an enduring power of attorney may be suspended or revoked.
81 Part 9 s 93B Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 Section 93A: inserted, on 25 September 2008, by section 6 of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90).
93B Presumption of competence (1) For the purposes of this Part, every person is presumed, until the contrary is shown,— (a) to be competent to manage his or her own affairs in relation to his or her property: to have the capacity— (i) (b) to understand the nature of decisions about mat­ ters relating to his or her personal care and wel­ fare; and to foresee the consequences of decisions about matters relating to his or her personal care and welfare or of any failure to make such decisions; and to communicate decisions about those matters.
(ii) (iii) (2) A person must not be presumed to lack the competence de­ scribed 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.
(3) 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.
(4) A person must not be presumed to lack the competence de­ scribed in subsection (1)(a) or, as the case may be, the cap­ acity 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 Treat­ ment) Act 1992.

Section 93B: inserted, on 25 September 2008, by section 6 of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90).
Interpretation For the purposes of this Part, the donor of an enduring power of attorney is mentally incapable in relation to property if the 94 (1) 82 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Part 9 s 94 (2) 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— lacks the capacity— (a) (i) (ii) (iii) to make a decision about a matter relating to his or her personal care and welfare; or to understand the nature of decisions about mat­ ters relating to his or her personal care and wel­ fare; or to foresee the consequences of decisions about matters relating to his or her personal care and welfare or of any failure to make such decisions; or (b) lacks the capacity to communicate decisions about mat­ ters relating to his or her personal care and welfare.
(3) Nothing in subsection (1) or (2) affects any rule of law relating (4) to capacity to give or to revoke a power of attorney.
In this Part— health practitioner— (a) (b) has the meaning given to it by section 5(1) of the Health Practitioners Competence Assurance Act 2003: in the case of a certiﬁcate of mental incapacity issued outside New Zealand, means a person registered as a medical practitioner by the competent authority of the State concerned lawyer has the meaning given to it by section 6 of the Lawyers and Conveyancers Act 2006 prescribed form means a form prescribed by regulations under this Act relevant health practitioner means a health practitioner— (a) whose scope of practice includes the assessment of a person’s mental capacity; or (b) whose scope of practice— (i) includes the assessment of a person’s mental cap­ acity; and 83 Part 9 s 94A Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 (ii) is speciﬁed in the enduring power of attorney (for example, a specialist).
Section 94: substituted, on 25 September 2008, by section 7 of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90).

94A Creation of enduring power of attorney (1) 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— (a) must be in the prescribed form; and (b) must have attached to it the certiﬁcate referred to in subsection (7).

The instrument must be signed— (a) by the donor, or by some other person in the presence of the donor and by the direction of the donor; and (b) by the attorney (or if more than one, by each attorney).
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— (a) (b) a lawyer; or an ofﬁcer or employee of a trustee corporation author­ ised by the corporation for the purposes of this subsec­ tion; or a legal executive who meets the requirements of sub­ section (9).

(c) 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— (a) the matters referred to in the notes to the prescribed form of power of attorney: the donor’s right to suspend or revoke the power of at­ torney: in the case of a power of attorney in relation to prop­ erty,— (b) (c) (2) (3) (4) (5) (6) 84 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Part 9 s 94A (i) (ii) the donor’s right to appoint more than one attor­ ney, or a trustee corporation, as attorney; and the donor’s right to stipulate whether and, if so, how the attorney’s dealings with the donor’s property are to be monitored.
(7) The witness to the donor’s signature must certify on the pre­ scribed form that— (a) (b) the requirements of subsection (6) have been met; and the witness has no reason to suspect that the donor was or may have been mentally incapable at the time the donor signed the instrument; and the witness is independent of the attorney (or of each attorney) or that subsection (8)(a) or (b) applies.
(c) (8) Despite subsection (4),— (a) if the attorney is a trustee corporation, an ofﬁcer or employee of that corporation authorised by the corpor­ ation for the purposes of this subsection may witness the donor’s signature: if the attorney is appointed in his or her capacity as a lawyer, another lawyer in the attorney’s ﬁrm or a legal executive in that ﬁrm who meets the requirements of subsection (9) may witness the donor’s signature.
(9) A legal executive who witnesses the donor’s signature— (b) (a) must be a member of the body that, immediately be­ fore the commencement of section 7 of the Protection of Personal and Property Rights Amendment Act 2007, was known as the New Zealand Institute of Legal Ex­ ecutives Inc; and (b) must hold a current annual registration certiﬁcate issued by that body; and (c) must have at least 12 months’ experience as a legal ex­ ecutive; and (d) must be employed by, and under the direct supervision of, a lawyer.
Section 94A: inserted, on 25 September 2008, by section 7 of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90).

85 Part 9 s 95 Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 95 When power of attorney is an enduring power of attorney Except as otherwise provided in this section, a power of attor­ (1) ney that meets the requirements of section 94A is an enduring power of attorney.
(2) 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) (b) no prescribed provision is substantially omitted; and the differences are immaterial.
(3) 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) An individual who is not less than 20 years of age, is not bankrupt, and is not subject to a personal order or a property order; or (b) A trustee corporation.

(4) A power of attorney delegating trustee powers, authorities, and discretions under section 31 of the Trustee Act 1956 shall not have effect as an enduring power of attorney.
(5) A power of attorney that gives the attorney the right to appoint a substitute or a successor shall not have effect as an endur­ ing 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.

(6) A power of attorney executed before the commencement of this Act shall not have effect as an enduring power of attorney.
Section 95(1): substituted, on 25 September 2008, by section 8(1) of the Pro­ tection of Personal and Property Rights Amendment Act 2007 (2007 No 90).

Subsection (1)(b) was amended, as from 1 July 1994, by section 10 Protection of Personal and Property Rights Amendment Act 1994 (1994 No 54) by inserting the words “, or by some other person in the presence of the donor and by the direction of the donor,”.
Section 95(2): substituted, on 25 September 2008, by section 8(2) of the Pro­ tection of Personal and Property Rights Amendment Act 2007 (2007 No 90).

Enduring power of attorney not revoked by donor’s subsequent mental incapacity 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.
96 86 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Part 9 s 97 Enduring power of attorney in relation to property 97 (1) 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.
(2) 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 of this Act and to any conditions or restrictions contained in the enduring power of attorney.
(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.
(4) A donor of an enduring power of attorney may— (5) (a) (b) authorise the enduring power of attorney to have effect while the donor is mentally capable and to continue to have effect if the donor becomes mentally incapable; or authorise the enduring power of attorney to have effect only if the donor becomes mentally incapable.
If subsection (4)(b) applies, the attorney must not act in re­ lation to the donor’s property unless a relevant health practi­ tioner has certiﬁed, or the Court has determined, that the donor is mentally incapable.

Subsection (3) was inserted, as from 1 July 1994, by section 11 Protection of Personal and Property Rights Amendment Act 1994 (1994 No 54).

Section 97(4): added, on 25 September 2008, by section 9 of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90).
Section 97(5): added, on 25 September 2008, by section 9 of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90).

87 Part 9 s 97A Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 97A Exercise of enduring power of attorney in relation to (1) (2) (3) 98 (1) property 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).
Section 97A: inserted, on 25 September 2008, by section 10 of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90).
Enduring power of attorney in relation to personal care and welfare Subject to subsections (3) and (4) of this section, 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 re­ strictions.
(3) (2) Notwithstanding section 95(3) of this Act, an enduring power of attorney may not appoint a trustee corporation to be an at­ torney, nor may it appoint more than one individual to be attor­ neys, to act in relation to the donor’s personal care and welfare.
The attorney— (a) must not act in respect of a signiﬁcant matter relating to the donor’s personal care and welfare unless a relevant health practitioner has certiﬁed, or the Court has deter­ mined, that the donor is mentally incapable; and (b) must not act in respect of any other matter relating to the donor’s personal care and welfare unless the attorney believes on reasonable grounds that the donor is men­ tally incapable.
(3A) For the purposes of subsection (3), a donor’s mental capacity is determined— 88 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Part 9 s 98 (a) at the time a decision about the matter relating to the donor’s personal care and welfare is being made or is proposed to be made; and in relation to the personal care and welfare matter con­ cerned.
(3B) Despite subsection (3A),— (b) (4) (5) (6) (a) (b) if the donor is certiﬁed as mentally incapable because of a health condition that is likely to continue indeﬁn­ itely, no further certiﬁcates are required under subsec­ tion (3)(a) in relation to any further personal care and welfare matters: if the donor is certiﬁed as mentally incapable because of a health condition that is likely to continue for a period speciﬁed in the certiﬁcate, no further certiﬁcates are re­ quired under subsection (3)(a) in relation to any further personal care and welfare matters that arise during the speciﬁed period.
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 of this Act.

Subject to subsections (3) and (4) of this section, 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, wellbeing, or enjoyment of life of the donor (for example, a permanent change in the donor’s residence, entering residen­ tial care, or undergoing a major medical procedure).

Section 98(3): substituted, on 25 September 2008, by section 11(1) of the Pro­ tection of Personal and Property Rights Amendment Act 2007 (2007 No 90).
Section 98(3A): inserted, on 25 September 2008, by section 11(1) of the Pro­ tection of Personal and Property Rights Amendment Act 2007 (2007 No 90).

Section 98(3B): inserted, on 25 September 2008, by section 11(1) of the Pro­ tection of Personal and Property Rights Amendment Act 2007 (2007 No 90).

Section 98(6): added, on 25 September 2008, by section 11(2) of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90).
89 Part 9 s 98A Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 98A Exercise of enduring power of attorney in relation to (1) (2) personal care and welfare 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— (a) understand the nature and foresee the consequences of decisions relating to his or her personal care and wel­ fare; and communicate such decisions.
(b) (3) Without limiting the generality of subsection (2), the attorney must— (a) (b) encourage the donor to act on his or her own behalf to the greatest extent possible; and seek to facilitate the integration of the donor into the community to the greatest extent possible.

(4) 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.
Section 98A: inserted, on 25 September 2008, by section 12 of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90).
Both kinds of powers may be given 99 (1) Nothing in section 95 or section 97(1) or section 98(1) of this Act shall prevent a donor from— (a) Authorising the attorney, whether in the same or in a separate document, to act both— (i) 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 relation to the donor’s personal care and wel­ fare, either generally or in relation to speciﬁc matters; or (ii) 90 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Part 9 s 99A (2) (3) (b) Giving an enduring power of attorney to any person or persons for the purposes described in subparagraph (i) of paragraph (a) of this subsection, and, whether in the same or in a separate document, to another person for the purposes described in subparagraph (ii) of that paragraph.
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 re­ quired 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— (a) (b) the enduring power of attorney; and any direction of the Court under section 101 made on the application of either attorney.
Section 99(2): substituted, on 25 September 2008, by section 13 of the Protec­ tion of Personal and Property Rights Amendment Act 2007 (2007 No 90).

Section 99(3): inserted, on 25 September 2008, by section 13 of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90).
99A Attorney’s duty to consult (1) When acting under an enduring power of attorney, the attorney must, as far as is practicable, consult— (a) (b) the donor; and in relation to any particular matter, any person speciﬁed in the enduring power of attorney to be consulted, gen­ erally, in respect of matters of that kind, or in respect of that matter.
(2) 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.
(3) 91 Part 9 s 99B Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 (4) 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 omit­ ted to be done in accordance with the Court’s directions.

(6) Nothing in subsection (4) obliges the attorney to apply to a (5) (7) 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 at­ torney 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.

Section 99A: inserted, on 25 September 2008, by section 14 of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90).
99B Attorney must provide information on exercise of powers An attorney must promptly comply with any request for infor­ mation relating to the exercise of the attorney’s powers under the enduring power of attorney if— (a) the person requesting the information is speciﬁed in the enduring power of attorney as a person to be provided with such information and the information requested is the kind of information speciﬁed in the enduring power of attorney to be provided to that person: the person requesting the information is a barrister or solicitor appointed under section 65 and the information requested is records of ﬁnancial transactions that the attorney must keep under section 99C.
(b) Section 99B: inserted, on 25 September 2008, by section 14 of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90).

99C Attorney as to property must keep records (1) An attorney under an enduring power of attorney in relation to a donor’s property must keep records of each ﬁnancial trans­ action entered into by the attorney under the enduring power of attorney while the donor is mentally incapable.
92 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Part 9 s 100A (2) An attorney who fails without reasonable excuse to comply with subsection (1) commits an offence and is liable on sum­ mary conviction to a ﬁne not exceeding $1,000.

Section 99C: inserted, on 25 September 2008, by section 14 of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90).
99D Medical certiﬁcation of incapacity (1) A certiﬁcate of the donor’s mental incapacity under this Part must be— (a) (b) in the prescribed form; or if the certiﬁcate is issued outside New Zealand, in a form acceptable to the competent authority of the State concerned.
(2) (3) 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 reason­ ably 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.

Section 99D: inserted, on 25 September 2008, by section 14 of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90).
100 Enduring powers of attorney subject to personal order and property order 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.
100A Suspension of attorney’s power to act (1) 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.
93 Part 9 s 101 Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 (2) An attorney whose authority is suspended may not act under the enduring power of attorney unless a relevant health practi­ tioner has certiﬁed, or the Court has determined, that the donor is mentally incapable.

The suspension does not revoke the enduring power of attor­ ney.
(3) (4) Nothing in this section affects the donor’s right to revoke the enduring power of attorney while the donor is mentally cap­ able.

Section 100A: inserted, on 25 September 2008, by section 15 of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90).

101 Attorney may seek directions from Court (1) The attorney under an enduring power of attorney may apply to a Court for directions relating to the exercise of the attor­ ney’s powers.
(2) Nothing in subsection (1) of this section shall limit or affect the jurisdiction of any other court.

102 Court’s jurisdiction in respect of an enduring power of attorney (1) A Court shall have jurisdiction to determine— (a) Whether or not any instrument is an enduring power of attorney; or (b) Whether or not the donor of an enduring power of attor­ ney is mentally incapable.
(2) A Court shall have jurisdiction to do all or any of the following things in respect of an enduring power of attorney where the donor has become mentally incapable: (a) Determine any question as to the meaning or effect of the instrument by which the power is given: (b) Determine whether or not any such instrument has ceased to have effect: Give directions with respect to— (i) (ii) The management or disposal by the attorney of the property and affairs of the donor; or The rendering of accounts by the attorney and the production of the records kept by the attorney for the purpose; or (c) 94 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Part 9 s 102 (iii) The remuneration or expenses of the attorney, whether or not in default of or in accordance with any provision made by the instrument, including directions for the repayment of excessive, or the payment of additional, remuneration; or (iv) Any matter relating to the personal care and wel­ fare of the donor: (v) Any other matter on which the directions of the Court are sought under section 101 of this Act: (d) Modify the scope of the enduring power of attorney by including or excluding— (i) Part of the donor’s affairs in relation to his or her property, or any powers relating to any such affairs; or (ii) Any speciﬁc matters in relation to the donor’s personal care and welfare, or any powers relating to any such matters, not being a matter referred to in section 98(4) of this Act: Require the attorney to furnish information or produce documents or things in his or her possession as attorney: Give any consent or authorisation to act that the attorney would have to obtain from the donor if the donor were mentally capable: (e) (f) (g) Authorise the attorney to act, otherwise than in accord­ ance with section 107 of this Act, to the beneﬁt of the attorney or persons other than the donor, but subject to any conditions or restrictions contained in the instru­ ment: authorise the attorney to make any loan or advance of the donor’s
 property subject to— (i) (ga) any conditions that the Court considers appropri­ ate; and any conditions or restrictions contained in the in­ strument: (ii) (h) Determine whether the donor of the power was induced by undue inﬂuence or fraud to create the power: Determine whether, having regard to all the circum­ stances and, in particular, the attorney’s relationship (i) 95 Part 9 s 102A Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 (j) with the donor, the attorney is suitable to be the donor’s attorney.
authorise an attorney acting under an enduring power of attorney in relation to a donor’s property to execute a will for and on behalf of the donor if the Court is satisﬁed that— (i) (ii) the donor lacks testamentary capacity; and there is no express provision to the contrary in the enduring power of attorney.
(2A) For the purposes of any application for the exercise of the Court’s jurisdiction under subsection (2)(j), section 55 applies as if every reference to a manager were a reference to the at­ torney, and every reference to a person subject to a property order were a reference to the donor.

(3) Nothing in the foregoing provisions of this section shall limit or affect the jurisdiction of any other court.
Section 102(2)(c)(v): amended, on 25 September 2008, by section 16(1) of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90).

Section 102(2)(ga): inserted, on 25 September 2008, by section 16(2) of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90).

Section 102(2)(j): added, on 25 September 2008, by section 16(3) of the Pro­ tection of Personal and Property Rights Amendment Act 2007 (2007 No 90).
Section 102(2A): inserted, on 25 September 2008, by section 16(4) of the Pro­ tection of Personal and Property Rights Amendment Act 2007 (2007 No 90).

102A Persons who may apply for exercise of Court’s jurisdiction An application to a court for the exercise of its jurisdiction under section 102 or 105 may be made by— any person listed in section 103(1); or (a) (b) any other person with the leave of the Court.
Section 102A: inserted, on 25 September 2008, by section 17 of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90).
103 Review of attorney’s decisions (1) Any of the following people may at any time apply to a court to review any decision made by an attorney acting under an enduring power of attorney while the donor is or was mentally incapable: 96 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Part 9 s 103A (a) (b) (c) (d) (e) (f) (g) (h) the donor of the enduring power of attorney: a relative or attorney of the donor (not being the attorney whose decision is sought to be reviewed): a social worker: a medical practitioner: a trustee corporation: if the donor is a patient or a resident in any place that provides hospital care, rest home care, or residential dis­ ability care within the meaning of the Health and Dis­ ability Services (Safety) Act 2001, the principal man­ ager of that place: any welfare guardian who has been appointed for the donor: a person authorised by a body or organisation contracted by the Government to provide elder abuse and neglect prevention services.
(2) Any other person may apply for a review if the Court gives (3) (4) leave to do so.

For the avoidance of doubt, an application for review may be made while the enduring power of attorney is in force or after it is revoked by the death of the donor or otherwise.

The Court may, if it thinks it reasonable to do so in all the cir­ cumstances, review the decision and make any order it thinks ﬁt.

(5) An order under subsection (4) has effect according to its tenor.
Section 103: substituted, on 25 September 2008, by section 18 of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90).
103A Validity of actions under power of attorney not meeting requirements of section 94A or 95 The fact that a power of attorney is not an enduring power of attorney because of any failure to meet the requirements of section 94A or 95 does not affect the validity of— (a) any act of the attorney done under the power of attorney in good faith with no knowledge of the failure; or any transaction entered into by the attorney under the power of attorney if the other party to the transaction entered into it in good faith and with no knowledge of the failure.
(b) 97 Part 9 s 103B Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 Section 103A: inserted, on 25 September 2008, by section 18 of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90).
103B Effect of attorney’s decision on third parties A person dealing with an attorney acting under an enduring power of attorney in respect of any matter within the power of attorney— (a) does not have to inquire about the concurrence or other­ wise of the donor or any other person; and is not affected by notice that the donor or any other person has not concurred.
(b) Section 103B: inserted, on 25 September 2008, by section 18 of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90).
103C Effect of attorney’s actions, etc, before notice of (1) revocation or suspension received This section applies, instead of section 20(1) to (4) of the Prop­ erty Law Act 2007, to enduring powers of attorney executed before or after the commencement of section 18 of the Protec­ tion of Personal and Property Rights Amendment Act 2007, but subject to section 20(5)(b) of the Property Law Act 2007.
(2) An enduring power of attorney continues in force until notice (3) (4) (5) of an event revoking the power is received by the attorney.

The authority of an attorney to act under an enduring power of attorney continues in force until notice suspending that au­ thority is received by the attorney.
Every act or thing within the scope of the enduring power of attorney done by or to the attorney in good faith before he or she receives notice of any event revoking the power of attorney has effect as if the event had not occurred.

Every act or thing within the scope of an enduring power of attorney done by or to the attorney in good faith before he or she receives notice that his or her authority to act under the power of attorney is suspended has effect as if the authority were not suspended.
(6) A person dealing with the attorney may rely on a certiﬁcate of non­revocation and non­suspension of the enduring power of attorney in the prescribed form as conclusive proof of the 98 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Part 9 s 104 non­revocation and non­suspension of the power of attorney as at the date of the certiﬁcate if— (a) the person— (i) (ii) is dealing with the attorney in good faith; and does not have actual knowledge that an event re­ voking the power of attorney has occurred, or that the attorney’s authority to act under it has been suspended; and (b) the certiﬁcate— (i) is signed by the attorney or, if the attorney is a corporation, an ofﬁcer or employee of the corpor­ ation authorised by the corporation for the pur­ poses of this subsection; and is given immediately before, or any time after, the doing of a thing by the attorney.
(ii) (7) A person who knowingly gives a false certiﬁcate commits an offence and is liable on summary conviction to a ﬁne not ex­ ceeding $5,000.

(8) An event revoking the power of attorney means any event described in section 106(1) in which the enduring power of attorney ceases to have effect.

Section 103C: inserted, on 25 September 2008, by section 18 of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90).
104 Disclaimer by attorney (1) An attorney under an enduring power of attorney may not dis­ claim that power otherwise than by notice given as follows: (a) Where the donor is not mentally incapable, by written notice to the donor: (b) Where the donor is mentally incapable, by ﬁling a notice in a Court.
(2) If the donor is mentally incapable, the attorney must ﬁle with the notice a report stating— (a) that the attorney considers it is in the interests of the donor that a welfare guardian be appointed in relation to the donor’s personal care and welfare, or a property manager be appointed in relation to the donor’s prop­ erty; or 99 Part 9 s 105 Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 (b) that the attorney considers it is not necessary that a wel­ fare guardian or property manager be appointed, and why the attorney considers it not necessary.
(3) On receiving a report under subsection (2) of this section, 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 103 as the Judge thinks ﬁt.

Section 104(2): substituted, on 25 September 2008, by section 19(1) of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90).
Section 104(3): amended, on 25 September 2008, by section 19(2) of the Pro­ tection of Personal and Property Rights Amendment Act 2007 (2007 No 90).
105 Court may revoke appointment of attorney (1) The Court may, in any proceeding commenced under section 101, 102A, or 103, revoke the appointment of an attorney under an enduring power of attorney if it is satisﬁed that the attorney— (a) is not acting, or proposes not to act, in the best interests of the donor; or is failing, or has failed, to comply with any of the attor­ ney’s obligations under section 99A or 99B, or proposes not to comply with any of those obligations.
(b) (1A) In any proceedings commenced under section 101 or 102, the Court may revoke the appointment of an attorney under an enduring power of attorney only on the motion of the donor or a party to the proceeding other than the attorney.
(2) Where a Court under paragraph (h) or paragraph (i) of section 102(2) of this Act determines that the donor of an enduring power of attorney was induced by undue inﬂuence or fraud to create the power or that the attorney is not suitable to be the donor’s attorney, the Court shall revoke the appointment of the attorney.

Section 105(1): substituted, on 25 September 2008, by section 20 of the Pro­ tection of Personal and Property Rights Amendment Act 2007 (2007 No 90).
Section 105(1A): inserted, on 25 September 2008, by section 20 of the Protec­ tion of Personal and Property Rights Amendment Act 2007 (2007 No 90).
100 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Part 9 s 107 106 Circumstances in which enduring power of attorney shall cease to have effect (1) An enduring power of attorney shall cease to have effect when— (a) The donor, by notice in writing to the attorney, revokes the power while mentally capable of doing so; or The donor dies; or The attorney gives notice of disclaimer in accordance with section 104 of this Act; or The attorney dies, or is adjudged bankrupt, or becomes a special or committed patient under the Mental Health Act 1969, or becomes subject to a personal order or a property order, or otherwise becomes incapable of act­ ing; or In the case of an enduring power of attorney that ap­ points more than one attorney with joint but not sev­ eral authority, one of the attorneys dies, or is adjudged bankrupt, or becomes a special or committed patient under the Mental Health Act 1969, or becomes subject to a personal order or a property order, or otherwise be­ comes incapable of acting; or A Court revokes the appointment of the attorney pur­ suant to section 105 of this Act.
(b) (c) (d) (e) (f) (2) In any case where the enduring power of attorney provides for successive attorneys, the appointment of one being con­ ditional upon the cessation of the appointment of another, the provisions of paragraphs (c) to (f) of subsection (1) of this sec­ tion shall apply only in respect of the last such attorney.

Section 106(1)(a): amended, on 25 September 2008, by section 21 of the Pro­ tection of Personal and Property Rights Amendment Act 2007 (2007 No 90).
107 Attorney’s power to beneﬁt self and others (1) An attorney under an enduring power of attorney must not, at any time while the donor is mentally incapable, act to the beneﬁt of the attorney or of a person other than the donor, or recover any expenses from the donor’s property, unless and only to the extent that— (a) the donor has speciﬁed a power to so act in the enduring power of attorney; or 101 Part 9 s 108 Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 (ii) (b) (c) the Court authorises the attorney to so act in an order under section 102(2)(g) or (ga); or the attorney’s actions relate to one or more of the fol­ lowing matters and the enduring power of attorney does not expressly provide otherwise: (i) if the attorney and donor are married to, or in a civil union or de facto relationship with, each other, and are living together and sharing their incomes, any action taken by the attorney in re­ spect of real or personal property that the donor and the attorney own jointly and not as tenants in common: any payments of a kind described in subsection (2): if acting under an enduring power of attorney in relation to the donor’s property, any loan or ad­ vance or other investment of the donor’s property that a trustee could make of trust funds under sec­ tion 13A of the Trustee Act 1956.
The payments referred to in subsection (1)(c)(ii) are payments (being payments for which receipts or other evidence are pro­ vided by the attorney) of— (a) out­of­pocket expenses (other than lost wages or remu­ neration) reasonably incurred by an attorney; or professional fees and expenses reasonably incurred by an attorney who— (i) (iii) (b) has accepted appointment in a professional cap­ acity; or has undertaken work in any professional capacity to give effect to the decisions taken under the enduring power of attorney.
(ii) (2) Section 107: substituted, on 25 September 2008, by section 22 of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90).
108 Procedure For the purpose of proceedings under this Part of this Act, the provisions of Part 6 (except section 64), and sections 83 to 85 of this Act, so far as they are applicable and with any ne­ cessary modiﬁcations, shall apply as if the donor were a per­ 102 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Part 9 s 108AA son in respect of whom an application for a personal order or a property order was being sought or in respect of whom such an order had been made, subject to the following provisions: (a) Where the application for the exercise of the Court’s jur­ isdiction is made by any person other than the attorney, a copy of the application shall be served on the attor­ ney (as well as the persons listed in section 63(1) of this Act): (b) Where a donor has given 2 or more enduring powers of attorney and it is intended to apply to the Court under this Part of this Act in respect of any 2 or more of those powers, the applications 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 be­ fore it under this Part of this Act in conjunction with any other proceedings under this or any other Part of this Act in any case where both proceedings are in re­ spect of the same person, whether or not the parties to the proceedings are the same.
(c) Paragraph (b) was amended, as from a date to be appointed by Order in Council, by section 6 Family Courts Amendment Act 2000 (2000 No 65) by substitut­ ing the words “rules of Court” for the words “rules of procedure made under this Act”.

See clause 2 Family Courts Amendment Act Commencement Order 2002 (SR 2002/254).
108AA Enduring powers of attorney created before Protection (1) (2) (3) of Personal and Property Rights Amendment Act 2007 In this section, commencement date means the commence­ ment date of section 23 of the Protection of Personal and Prop­ erty Rights Amendment Act 2007.
If an enduring power of attorney is executed but not effective before the commencement date,— (a) (b) section 94A does not apply to it; and section 95(1) and (2) (as it reads before the commence­ ment date) continue to apply to the enduring power of attorney.
If an enduring power of attorney is effective before the com­ mencement date,— (a) sections 94A and 107 do not apply to it; and 103 Part 9 s 108AAB Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 (b) sections 95(1), (2), and 107 (as they read before the commencement date) continue to apply to the enduring power of attorney.

Section 108AA: inserted, on 25 September 2008, by section 23 of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90).
108AAB Review of Protection of Personal and Property Rights (1) (2) Amendment Act 2007 The Minister of State for the time being responsible for senior citizens must, as soon as practicable, 5 years after the com­ mencement of section 23 of the Protection of Personal and Property Rights Amendment Act 2007,— (a) review the effectiveness of the amendments to this Act made by the Protection of Personal and Property Rights Amendment Act 2007; and consider whether any amendments to this Act are ne­ cessary or desirable; and prepare a report on the ﬁndings.
(c) The Minister must present a copy of the report to the House of Representatives no later than 6 years after the commencement of section 23 of the Protection of Personal and Property Rights Amendment Act 2007.

Section 108AAB: inserted, on 25 September 2008, by section 23 of the Protec­ tion of Personal and Property Rights Amendment Act 2007 (2007 No 90).
(b) Part 9A Payment of money or damages Part 9A (comprising sections 108A to 108G) was inserted, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100).

See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).
108A Interpretation In this Part,— court means,— (a) where a claim of a speciﬁed person could be the subject of proceedings in New Zealand, a court in which pro­ ceedings could be taken to enforce the claim; or 104 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Part 9A s 108C (b) where the claim could not be the subject of proceedings in New Zealand, a court in which proceedings could be taken to enforce a similar claim in New Zealand speciﬁed person means a person who is incapable of man­ aging his or her own affairs.
Part 9A (comprising sections 108A to 108G) was inserted, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100).

See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).

108B Approval of court required to settle claims of speciﬁed (1) (2) (3) persons This section applies where money or damages are claimed by or on behalf of a speciﬁed person, whether alone or in con­ junction with another person.
If the claim is not the subject of proceedings before a court, an agreement for the comprise or settlement of the claim entered into by the speciﬁed person, or on his or her behalf by a person who, in the opinion of a court, is a ﬁt and proper person to do so, is binding on the speciﬁed person if the agreement, or a release of the claim, is in writing and is approved by the court under section 108C.
If the claim has not been compromised or settled in accordance with subsection (2), and has become the subject of proceedings before a court, a settlement, compromise, or payment, or ac­ ceptance of money paid into court, whenever entered into or made, is valid so far as it relates to the speciﬁed person’s claim only with the approval of the court under section 108C.
Compare: 1957 No 36 s 66(1) Part 9A (comprising sections 108A to 108G) was inserted, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100).

See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).

108C Applications for approval of court (1) An application for the approval of a court under this section may be made by or on behalf of a speciﬁed person, or by any other party to the agreement or proceedings.
(2) On an application for its approval under this section, the court, in its discretion, may— (a) refuse the application; or 105 Part 9A s 108D Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 (b) (c) grant its approval unconditionally; or grant its approval subject to any conditions and direc­ tions that it thinks ﬁt, including conditions and direc­ tions as to— (i) the terms of the agreement, compromise, or settlement; or the amount, payment, security, application, or protection of the money paid, or to be paid; or any other relevant matter.
(ii) (iii) Compare: 1957 No 36 s 66(2), (3) Part 9A (comprising sections 108A to 108G) was inserted, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100).

See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).
108D Money or damages may be held upon trust (1) Without limiting section 108C, this section applies where the court directs that all or part of any money or damages awarded to a speciﬁed person, or of money to which the person is entitled under an agreement, compromise, or settlement ap­ proved under section 108C, must be held on trust for the per­ son under this section by a trustee corporation or any other person The amount must be invested and held by the trustee upon trust— (a) (2) (b) to make payments to any person out of the income and capital of the amount as directed by the court; and to apply the income and capital of the amount, or so much of the income and capital as the trustee from time to time thinks ﬁt, for or towards the maintenance or education (including past maintenance or education) or the advancement or beneﬁt of the speciﬁed person The speciﬁed person has no power, either alone or in conjunc­ tion with any other person or persons, to terminate the trusts upon which the amount is held or to modify or extinguish those trusts.
The interest of the speciﬁed person in the income and capital of the amount must not, while it remains in the hands of the trustee, be alienated or pass by bankruptcy, or be liable to be seized, sold, attached, or taken in execution by process of law.
(3) (4) 106 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Part 9A s 108F (5) This section applies subject to— (a) any direction of the court that an immediate payment be made from the money or damages; and any other direction or condition given or imposed by the court.

(b) Compare: 1957 No 36 s 66(4) Part 9A (comprising sections 108A to 108G) was inserted, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100).
See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).
108E Money or damages held by manager (1) Without limiting section 108C(2), where there is a manager of the estate of the speciﬁed person under this Act, the court may direct that all or part of any money or damages awarded to that person, or of any money to which the person is entitled under an agreement, compromise, or settlement approved under sec­ tion 108C, must be held by the manager as if it were part of the speciﬁed person’s estate.
(2) A manager who holds money or damages under a direction given under subsection (1) does so with and subject to the powers and discretion conferred upon a manager by this Act.

Compare: 1957 No 36 s 66(5) Part 9A (comprising sections 108A to 108G) was inserted, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100).

See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).
108F Termination of trust (1) Where a speciﬁed person attains the capacity to manage his or her own affairs while any amount is held on trust for his or her beneﬁt under section 108D, the balance of that amount and of the income from that amount remaining in the hands of the trustee must be paid to the speciﬁed person.

(2) At any time before the payment is made, the court may order that the whole or any part of the amount must continue to be held on trust under section 108D.
(3) Where the trustee has made an application or received notice that an application has been made to the court for an order that the amount must continue to be held on trust, the trustee must 107 Part 9A s 108G Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 not make any payment under this section until the application has been disposed of.

Compare: 1957 No 36 s 66(6).


Part 9A (comprising sections 108A to 108G) was inserted, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100).

See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).

108G Part does not affect Deaths by Accidents Compensation Act 1952 Nothing in this Part limits or affects the Deaths by Accidents Compensation Act 1952.

Compare: 1957 No 36 s 66(9).


Part 9A (comprising sections 108A to 108G) was inserted, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100).

See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).
Part 10 Miscellaneous provisions 109 Orders may be registered (1) A property order may be registered under the Deeds Registration Act 1908 as an instrument affecting the title to any land in which the person subject to the order has any estate or interest, whether legal or equitable.
(2) A property order shall be deemed to be an instrument purport­ ing to affect land under the Land Transfer Act 1952, and a memorial of the instrument may accordingly be entered upon the register of any land in respect of which the person subject to the order is the registered proprietor of any estate or interest under this Act.
(3) A trustee corporation that becomes the manager of a person’s property under section 32 or section 33 of this Act may register a notice in the prescribed form under the Deeds Registration Act 1908 or the Land Transfer Act 1952 as if it were a property order.
110 Remission of fees in cases of hardship Where it appears to the Registrar of a Court that the payment of any fees prescribed as payable in respect of any proceedings under this Act, or of those fees in full, would cause undue hard­ 108 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Part 10 s 112 ship to the person liable for their payment, the Registrar may remit the whole or such part of the fees as the Registrar thinks ﬁt, and may, without further appropriation than this section, refund all such fees that have already been paid or any part of such fees.
111 Rules of procedure Rules may be made regulating the practice and procedure of Courts in proceedings under this Act,— (a) in the case of the High Court, under section 51C of the Judicature Act 1908: in the case of District Courts, under section 122 of the District Courts Act 1947: in the case of Family Courts, under section 16A of the Family Courts Act 1980.

(b) (c) Section 111 was substituted, as from 13 September 2002, by section 6 Fam­ ily Courts Amendment Act 2000 (2000 No 65).
See clause 2 Family Courts Amendment Act Commencement Order 2002 (SR 2002/254).

(2) (3) 111A Transitional provision relating to rules— (1) Subsections (2) and (3) apply to rules made under section 111 that are in force immediately before the commencement of this section, unless those rules are revoked on or after the commencement of this section.
Rules to which this subsection applies that regulate the prac­ tice or procedure of the High Court continue to regulate the practice and procedure of the High Court until any rules re­ ferred to in section 111(a) come into force.

Rules to which this subsection applies that regulate the prac­ tice or procedure of the District Courts continue to regulate the practice and procedure of the District Courts until any rules re­ ferred to in section 111(b) come into force.
Section 111A was inserted, as from 13 September 2002, by section 6 Fam­ ily Courts Amendment Act 2000 (2000 No 65).

See clause 2 Family Courts Amendment Act Commencement Order 2002 (SR 2002/254).
112 Regulations The Governor­General may from time to time, by Order in Council, make regulations— 109 Part 10 s 112 Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 (a) Making provision for the determination of the amount of fees and expenses, including minimum and maxi­ mum amounts, payable in respect of professional ser­ vices provided by barristers and solicitors appointed under section 65 of this Act, which fees and expenses may differ according to the complexity of the proceed­ ings and the time spent, and according to whether or not professional services are to be provided in a speci­ ﬁed number of proceedings during a speciﬁed period: (b) Making provision for the determination of the amount of fees and expenses, including minimum and maxi­ mum 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: (ba) prescribing forms for enduring powers of attorney for the purposes of Part 9: (bb) prescribing forms for certiﬁcates for the purposes of the witnessing requirements in section 94A(7): (bc) prescribing forms for certiﬁcates for the purposes of any medical examination or assessment under Part 9: (bd) prescribing forms that may be used for the suspension and revocation of enduring powers of attorney for the purposes of Part 9: (be) prescribing the form for the certiﬁcate of non­revoca­ tion and non­suspension of the enduring power of attor­ ney for the purposes of section 103C(6): 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.
(c) This section was substituted, as from 1 July 1994, by section 12 Protection of Personal and Property Rights Amendment Act 1994 (1994 No 54).

Section 112(ba): inserted, on 26 September 2007, by section 24 of the Protec­ tion of Personal and Property Rights Amendment Act 2007 (2007 No 90).

Section 112(bb): inserted, on 26 September 2007, by section 24 of the Protec­ tion of Personal and Property Rights Amendment Act 2007 (2007 No 90).
110 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Part 10 s 117 Section 112(bc): inserted, on 26 September 2007, by section 24 of the Protec­ tion of Personal and Property Rights Amendment Act 2007 (2007 No 90).

Section 112(bd): inserted, on 26 September 2007, by section 24 of the Protec­ tion of Personal and Property Rights Amendment Act 2007 (2007 No 90).
Section 112(be): inserted, on 26 September 2007, by section 24 of the Protec­ tion of Personal and Property Rights Amendment Act 2007 (2007 No 90).
113 Reference to Aged and Inﬁrm Persons Protection Act 1912 and Part 7 of the Mental Health Act 1969 in other Acts Unless the context otherwise requires, in any other enactment, or in any regulation, rule, order, agreement, deed, instrument, application, or other document in force at the commencement of this Act every reference to the Aged and Inﬁrm Persons Protection Act 1912 or Part 7 of the Mental Health Act 1969 shall hereafter be read as a reference to this Act.
114 Savings Nothing in this Act shall limit the general jurisdiction of the High Court under section 17 of the Judicature Act 1908 or otherwise.

Section 115 was repealed by section 362(1) and (2) Te Ture Whenua Maori Act 1993 (1993 No 4).

116 Repeals The enactments speciﬁed in Schedule 4 to this Act are hereby repealed.
115 117 Transitional provisions (1) Subject to subsections (2) and (4) of this section, but notwith­ standing any other provision of this Act, all proceedings com­ menced under the Aged and Inﬁrm Persons Protection Act 1912 or Part 7 of the Mental Health Act 1969 and pending at the commencement of this Act shall be heard and determined as if this Act had not been passed.
If an interim protection order has been made under section 29A of the Aged and Inﬁrm Persons Protection Act 1912 but, as at the commencement of this Act, no application has been (2) 111 Part 10 s 117 Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 made under section 4 or section 5 of that Act, then subsections (7) and (8) of section 29A of that Act shall apply as if the references to a protection order under section 4 or section 5 of that Act were references to a property order.
(3) On the commencement of this Act, every protected person under the Aged and Inﬁrm Persons Protection Act 1912 and every protected patient under Part 7 of the Mental Health Act 1969 and every manager appointed in respect of a protected person or a protected patient shall be deemed to be a person subject to a property order or a manager appointed under this Act, as the case may require.
(4) Where, in proceedings to which subsection (1) of this section applies, a person becomes a protected person under the Aged and Inﬁrm Persons Protection Act 1912 or a protected patient under Part 7 of the Mental Health Act 1969, on becoming so that person shall be deemed to be a person subject to a property order, and a manager appointed in respect of that person shall be deemed to be a manager appointed under this Act.
(4A) Every person who is deemed by subsection (3) or subsection (4) of this section to be a manager appointed under this Act shall, subject to any order of the Court made on an application ﬁled under this Act, have all the powers set out in Schedule 1 to this Act.
(5) Within 3 years after the commencement of this Act, every per­ son, other than a trustee corporation, who is deemed by sub­ section (3) or subsection (4) of this section to be a manager appointed under this Act shall apply to a Court in accordance with section 87 of this Act for a review of the original order by which that person was appointed.
(6) Within 1 year after the commencement of this Act, every trustee corporation who is deemed by subsection (3) or sub­ section (4) of this section to be a manager appointed under this Act shall notify a Court of each case, and the Court and the trustee corporation shall draw up a programme in accordance with regulations made under this Act for the progressive review of all such cases.
The repeal by section 116 of this Act of the Aged and Inﬁrm Persons Protection Act 1912 shall not affect any of the pro­ (7) 112 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Schedule 1 (8) visions of section 18 of that Act, and those provisions shall continue to apply, in respect of any period that has not expired at the commencement of this Act.
The repeal by section 116 of this Act of Part 7 of the Men­ tal Health Act 1969 shall not affect any of the provisions of section 90 of that Act, and those provisions shall continue to apply, in respect of any period that has not expired at the com­ mencement of this Act.

(9) Nothing in section 45(2)(a) of this Act shall apply to any per­ son who is deemed by subsection (3) of this section to be a manager appointed under this Act.
(10) For the purposes of section 45(2)(b) of this Act,— (a) A person who was the manager of the estate of a protected person under the Aged and Inﬁrm Persons Protection Act 1912 and who is deemed by subsection (3) of this section to be a manager appointed under this Act shall be deemed to have been so appointed on the expiry of the period referred to in subsection (7) of this section; and (b) A person who was the manager of the estate of a pro­ tected patient under Part 7 of the Mental Health Act 1969 and who is deemed by subsection (3) of this sec­ tion to be a manager appointed under this Act shall be deemed to have been so appointed on the expiry of the period referred to in subsection (8) of this section.
This section (4A) was inserted, as from 1 October 1988, by section 2 Protection of Personal and Property Rights Amendment Act 1989 (1989 No 133).
1 Schedule 1 Powers of managers Section 29 Subject to the terms of the property order (or, in a case where a trustee corporation has agreed to act as manager pursuant to an application under section 32 or section 33 of this Act, to the terms of the application) a manager may— (a) Take possession of all of the property of the person and demand, receive, and recover possession of it from any person holding it, with further power— 113 Schedule 1 Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 (i) (ii) To institute or defend in the manager’s own name or in the name of the person subject to a property order any action, suit, or other proceeding (either civil or criminal) concerning the property of the person and to suffer judgment to go by default; or to consent to any judgment, decree, or order in the action, suit, or proceeding on such terms as the manager thinks ﬁt: To take proceedings to cause to be adjudicated a bankrupt or placed in liquidation any person or company indebted to the person subject to a property order, or to make any application for or in relation to a summary instalment order in respect of any such person under subpart 3 of Part 5 of the Insolvency Act 2006; and to vote and act either personally or by proxy at all meetings of creditors and in all other matters relating to the bankruptcy or liquidation or summary instalment order: In the name and on behalf of the person subject to a property order, to lodge a caveat under the Land Transfer Act 1952 or a notice of claim under sec­ tion 42 of the Property (Relationships) Act 1976: (iv) To compromise or otherwise settle any claims or demands made by or against the person subject to a property order, or by or against the manager of the estate, on such terms as the manager thinks ﬁt and on such evidence as the manager considers sufﬁcient; and to submit such claims or demands to arbitration; and to do all acts and things neces­ sary to render any such compromise or arbitration effectual: To give directions or consents
 with reference to the share or interest of the person subject to a property order in or under any trust, settlement, will, or intestacy: (iii) (v) (vi) To make any election arising out of or give di­ rections with reference to the right, title, share, or interest of the person subject to the property 114 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Schedule 1 order in or under any policy of assurance, or any pension, superannuation, beneﬁt, benevolent, or other fund, or in any money arising from any such policy or fund: (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: (b) Apply and expend in the manager’s discretion, and to such extent as the manager thinks ﬁt, any money be­ longing to the person subject to the property order in­ cluding any money borrowed or advanced by the man­ ager for any one or more of the following purposes: (i) For or towards the maintenance, education, ad­ vancement, or beneﬁt of the person, or of his or her spouse, civil union partner, child, grandchild, or other relative, or of any person wholly or par­ tially dependent on the person: In the doing or continuation of any acts of bounty or charity previously done or promised to be done by the person, or that might reasonably be ex­ pected of the person if he or she were not subject to a property order and that the manager, having regard to the circumstances and to the nature and value of the estate, considers proper and reason­ able: Provided that, in the exercise of the powers con­ ferred by this subparagraph, the manager shall not, without the consent of the Court, expend any sum or sums that would, when added to any other sum or sums expended pursuant to this subpara­ graph during the preceding period of 12 months, exceed in the aggregate $5,000: In
 the acquisition of a home for the person or for his or her spouse, civil union partner, or children, by the purchase of freehold or leasehold land with a dwellinghouse erected on it; or by the purchase (ii) (iii) 115 Schedule 1 Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 of freehold or leasehold land and the erection on it of a dwellinghouse together with such out­ buildings, fences, gates, paths, and other amen­ ities and improvements as the manager thinks ﬁt; or by the acquisition of a ﬂat or apartment by any means that the manager may consider appropri­ ate (whether by acquiring shares or interest in the land on which the premises are erected or in any other way), and with further power to enter into any lease, licence, agreement, or other arrange­ ment under which the manager or his or her nom­ inee or the person who is to occupy the ﬂat or apartment has the right to occupy it (including an arrangement whereby any shares in a limited li­ ability company and the beneﬁt of any such lease, licence, or agreement may be held by that person or by some other nominee of the manager upon trust for the manager); or by such other means as in the circumstances of the case may appear to the manager to be reasonable and proper: Provided that the manager shall not, without the consent of the Court, expend a sum or sums ex­ ceeding in the aggregate the speciﬁed sum in ac­ quiring a home pursuant to the provisions of this subparagraph: In the provision for the use and beneﬁt of the per­ son, or of his or her spouse, civil union partner, or children, of such furniture, clothing, and other articles of personal or household use or ornament (including motor vehicles) as the manager, hav­ ing regard to the circumstances and to the nature and value of the estate, considers proper and rea­ sonable: In or towards the payment of any debt, obliga­ tion, or liability of the person, or incurred by the manager in the exercise of the powers vested in the
 manager by this or any other enactment or by any order of the Court or by law: (iv) (v) 116 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Schedule 1 (vi) In or towards the payment of all rates, taxes, rent, insurance premiums, or other outgoings payable in respect of the property of the person or under any policy of insurance of any kind: (vii) For the repair, maintenance, upkeep, or renova­ tion of any property of the person: (ix) (viii) For the reinstatement or rebuilding of any prop­ erty of the person destroyed or damaged by ﬁre or otherwise: For the improvement or development of any property of the person by way of building or otherwise: Provided that, in the exercise of the power con­ ferred by this subparagraph, not more than the speciﬁed sum may be so expended for any one purpose without the consent of the Court: (d) (c) With the prior approval of the Court, to invest any money belonging to the person subject to a property order: Provided that, where the money is to be invested in the manner authorised by the Trustee Act 1956 for the in­ vestment of trust funds, it shall not be necessary to ob­ tain the prior approval of the Court: Insure any of the property of the person subject to a property order against loss or damage to its full insur­ able value or for its full replacement value, or insure against any other risk or liability against which it would be prudent to insure: Carry out and perform contracts entered into by the per­ son subject to a property order before the manager was appointed: Carry on any trade or business of the person subject to a property order or carry on the business of any partner­ ship in which the person is a partner, for such period or periods, in either case, as the manager thinks ﬁt, with further power— (i) To employ any part of the property of the person in the trade or business and from time to time (e) (f) 117 Schedule 1 Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May
 2009 (ii) to increase or diminish the part of the person’s property so employed: To purchase stock, machinery, plant, imple­ ments, and chattels for the purposes of the trade or business: (iv) (iii) To employ such managers, agents, servants, clerks, workmen, and others as the manager thinks ﬁt: Subject to the Sharemilking Agreements Act 1937, to enter into any sharemilking agreement for such period and on such terms and conditions as the manager thinks ﬁt: To agree on an alteration of the conditions of any partnership for the purpose of more advan­ tageously carrying on or preserving the business, until the recovery of the person or disposing of it or winding it up: (v) (vi) To dissolve any partnership of which the person is a member in the same manner in all respects as the person could have done had he not been subject to this Act, and on such dissolution the manager in the name and on behalf of the per­ son may join with the other partner or partners in disposing of the partnership property, whether real or personal, either to such partner or partners or to any other person on such terms and in such manner as the manager thinks ﬁt: (g) Where the person subject to a property order is a mort­ gagor or mortgagee of any land, agree to extend or vary the mortgage on such terms as the manager thinks ﬁt: Exercise any power of sale or other power vested in the person subject to a property order as mortgagee, or as unpaid vendor, lessor, or bailee: In the name and on behalf of the person subject to a property order and in the same manner in all respects as the person could have done had he or she not been subject to a property order exercise, either in person or by proxy, all rights, powers, and privileges (including voting powers) attaching to or exercisable in respect of (h) (i) 118 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Schedule 1 (j) (k) (l) (m) (n) any shares, stocks, debentures, debenture stock, bonds, notes (whether
 registered or unregistered, and whether or not they convey any right of conversion), and other securities or investments in or issued by any company or other incorporated body or by any Government or governmental agency (whether central or local) or by any public, municipal, or local corporation, board, or authority: Surrender, assign, or otherwise dispose of, with or with­ out consideration, any onerous property belonging to the person subject to a property order or any policy of life insurance: In the name and on behalf of the person subject to a property order and whether the person is possessed of any estate or not, make any application to the Court under the Matrimonial Property Act 1963, the Property (Relationships) Act 1976, or any of the provisions of the Family Proceedings Act 1980 except Part 4 (which relates to the status of marriage or civil union), that the person would be entitled to make if he or she were not subject to a property order: In the name and on behalf of the person subject to a property order, enter into an agreement under Part 6 of the Property (Relationships) Act 1976: In the name and on behalf of the person subject to a property order enter into any scheme of family arrange­ ment to which the person is a necessary or proper party: Sell any of the property of the person subject to a prop­ erty order, either subject to prior encumbrances or not, and either together or in lots, by public auction or pub­ lic tender or private contract, and subject to any such conditions respecting title or evidence of title or other matters as the manager thinks ﬁt; with power to mod­ ify or vary any contract or agreement for sale and pur­ chase, or to agree to do so, and to buy in at any auction, and to cancel or rescind any contract or agreement for sale and purchase, or to agree to do so, and to buy in at any auction, and to cancel or rescind any contract or agreement for sale and purchase and to resell, without 119 Schedule 1 Protection of Personal and Property
 Rights Act 1988 Reprinted as at 18 May 2009 being answerable for any loss, and to compromise with or make allowances to any person with whom any such contract or agreement has been made, or who is the as­ signee thereof, in respect of any unpaid purchase money secured on mortgage or otherwise: Provided that the manager shall not, without the con­ sent of the Court, sell any freehold or leasehold land belonging to the person subject to a property order in any case where the value (as determined in accordance with section 28 of the Trustee Act 1956) of the land or of the share or interest of the person therein exceeds the speciﬁed sum; except that the manager may, without the consent of the Court, sell any such land or the share or interest of the person therein for more than the speciﬁed sum if (in accordance with section 28 of the Trustee Act 1956) the manager has in good faith ﬁxed the value of that land or of that share or interest immediately before the sale at the speciﬁed sum or less: (o) Dispose of any of the property of the person subject to a property order by way of exchange for other property in New Zealand of a like nature and a like or better tenure; or, where the person has an undivided share in any property, concur in the partition of the property; and give or take any property by way of equality of exchange or partition: Provided that the manager shall not, without the consent of the Court, exchange any freehold or leasehold land in any case where the value (as determined in accordance with section 28 of the Trustee Act 1956) of the land or of the share or interest of the person therein exceeds the speciﬁed sum: Subdivide any freehold or leasehold land belonging to the person subject to a property order or in which the person has any share or interest, and construct, dedicate, make, and maintain, or contribute money towards the construction, dedication, making and maintenance of roads, streets, access ways, service lanes, footpaths, and reserves, and
 sewerage, water, electricity, drainage, and other works (whether on land belonging to the person (p) 120 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Schedule 1 or elsewhere), and do all such other things and make all such other payments as are required by any law or bylaw relating to subdivisions or as the manager thinks are necessary or are likely to be beneﬁcial to the person or to his or her estate or to any part of it: (r) (q) Grant, reserve, or acquire easements and proﬁts à pren­ dre, and enter into party wall agreements and agree­ ments that relate to fencing, or to which section 4 of the Fencing Act 1978 applies, and execute all necessary documents to give effect thereto: Let or sublet or lease or sublease any property of the person subject to a property order for such term, at such rent (with or without a ﬁne, premium, or foregift) and on and subject to such covenants and conditions as the manager thinks ﬁt, with power at any time to reduce the rent or otherwise vary or modify the terms, and with further power— (i) To grant to a lessee or sublessee a right of renewal for on or more terms at a rent to be ﬁxed or made ascertainable in a manner speciﬁed in the original lease or sublease: To grant a lease with an optional or compulsory purchasing clause: (ii) (iii) To grant to a lessee or sublessee a right to claim compensation for improvements made or to be made by the lessee or sublessee in, upon, or about the property that is leased or subleased: Provided that the manager shall not, without the consent of the Court, grant a lease or sublease for a term of more than 10 years or a lease or sub­ lease with a right or rights of renewal if the aggre­ gate duration of the original and of the renewed terms could exceed 10 years; and shall not, with­ out the consent of the Court, grant a lease with an optional or compulsory purchasing clause in any case where the value (as determined in accord­ ance with section 28 of the
 Trustee Act 1956) of the property to be leased or of the share or interest 121 Schedule 1 Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 (s) (t) (u) (v) (w) of the person therein exceeds the speciﬁed sum at the time of the granting of the lease: Accept the surrender of any lease, sublease, or tenancy: Accept a lease, sublease, or tenancy of any property, or a renewal of a lease, sublease, or tenancy, at such rent, on such terms, and subject to such convenants and conditions as the manager thinks ﬁt: Surrender any lease, sublease, or tenancy: In the name and on behalf of the person subject to a property order exercise any option to purchase property conferred on the person: Provided that the manager shall not, without the con­ sent of the Court, exercise the power conferred by this paragraph if the price payable for the property exceeds or may exceed the speciﬁed sum: In the name and on behalf of the person subject to a property order settle or join with his or her spouse in settling any property as a joint family home under the Joint Family Homes Act 1964, or apply for cancella­ tion of the registration of any property as a joint family home; and, in consideration of any such cancellation, or on any other occasion when the manager considers it reasonable or proper to so, enter into such agreement or arrangement as the manager thinks just and equitable concerning the future ownership, occupation, or posses­ sion of that property, or concerning the proceeds of the sale, letting, or other disposition of it: (x) Grant powers of attorney to any person in or out of New Zealand to do any act or thing with respect to the property of the person subject to a property order that the manager of the estate of the person can do, during any temporary period of absence or incapacity of the manager or in any other circumstances speciﬁed by the Court: Concur or join with any other person or persons in doing any one or more of the foregoing things.
(y) Schedule 1 clause 1(a)(ii): amended, on 3 December 2007, by section 445 of the Insolvency Act 2006 (2006 No 55).

Clause 1(a)(iii) was amended, as from 1 February 2002, by section 64(2) Prop­ erty (Relationships) Amendment Act 2001 (2001 No 5) by substituting the ex­ 122 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Schedule 1 pression “Property (Relationships) Act 1976” for the expression “Matrimonial Property Act 1976”.
Clause 1(a)(vii) was inserted, as from 1 July 1994, by section 13 Protection of Personal and Property Rights Amendment Act 1994 (1994 No 54).

Clause 1(b)(i) and (iii) was amended, as from 26 April 2005, by section 7 Rela­ tionships (Statutory References) Act 2005 (2005 No 3) by inserting the words “civil union partner,” after the word “spouse,”.
Clause 1(b)(iv) was amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by inserting the words “, civil union partner,” after the word “spouse”.

Clause 1(k) was amended, as from 1 February 2002, by section 64(2) Prop­ erty (Relationships) Amendment Act 2001 (2001 No 5) by substituting the ex­ pression “Property (Relationships) Act 1976” for the expression “Matrimonial Property Act 1976”.
Clause 1(k) was amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by inserting the words “or civil union” after the word “marriage”.

Clause 1(l) was to amended, as from 1 February 2002, by section 64(2) Prop­ erty (Relationships) Amendment Act 2001 (2001 No 5) by substituting the ex­ pression “Part 6 of the Property (Relationships) Act 1976” for the expression “section 21 of the Matrimonial Property Act 1976”.
Clause 1(r) proviso was amended, as from 1 October 1988, by section 3 Protec­ tion of Personal and Property Rights Amendment Act 1989 (1989 No 133) by substituting the words “for a term of more than” for the words “for a term of not more than”.
For the purpose of exercising the powers conferred by this Act, where appropriate, a manager may execute, give, and do all such assurances, notices, and things as the manager consid­ ers necessary for or reasonable incidental to the exercise of a power or the doing of an act or thing that the manager is au­ thorised to exercise or do as a manager; and all assurances, notices, and things so executed, given, or done shall have the same force and effect as if executed, given, or done by the per­ son who subject to a property order and as if the person had not been so subject.
In this Schedule the expression the speciﬁed sum means $120,000 or such other amount as is, from time to time, prescribed by Order in Council for the purposes of this clause.
Clause 3 was amended, as from 28 July 1997, by section 4 Protection of Per­ sonal and Property Rights Amendment Act 1997 (1997 No 52) by substituting 123 2 3 Schedule 2 Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 “is, from time to time, prescribed by Order in Council for the purposes of this clause” for the words “may be prescribed”.
Schedule 2 Further powers of Public Trust as manager Section 39 Schedule 2 was amended, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100) by substituting the words “Public Trust” for the words “the Public Trustee” (or “Public Trustee”) wherever they occur.

It was further amended by substituting “section 56 of the Public Trust Act 2001” for the words “section 39 of the Public Trust Ofﬁce Act 1957”.

See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).
For the purposes of section 39 of this Act, Public Trust may advance money to the estate of the person subject to a prop­ erty order in accordance with section 56 of the Public Trust Act 2001; or borrow money in such other manner as Public Trust thinks ﬁt and give security over all or any part of the property of the person, whether by way of mortgage, pledge, or otherwise, for the repayment thereof, with or without inter­ est, and on and subject to such other terms and conditions as Public Trust thinks ﬁt: Provided that Public Trust shall not, without the consent of the Court, advance to the estate of the person, or borrow for any purpose con­ nected with the management or administration of that estate, any sum or sums that would, when added to the balance for the time being remaining owing of any money that Public Trust has previously ad­ vanced to or borrowed in connection with that estate, amount in all to more than the speciﬁed sum.
In this Schedule the expression the speciﬁed sum means $120,000 or such other amount as is, from time to time, prescribed by Order in Council for the purposes of this clause.

Clause 2 was amended, as from 28 July 1997, by section 5 Protection of Per­ sonal and Property Rights Amendment Act 1997 (1997 No 52) by substituting “is, from time to time, prescribed by Order in Council for the purposes of this clause” for the words “may be prescribed”.
1 2 124 Reprinted as at 18 May 2009 Protection of Personal and Property Rights Act 1988 Schedule 3 Form of enduring power of attorney in relation to property [Repealed] Schedule 4 Section 95 Schedule 3: repealed, on 25 September 2008, by section 25 of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90).

Schedule 4 Enactments repealed Section 116 1912, No 26—The Aged and Inﬁrm Persons Protection Act 1912.

1969, No 16—The Mental Health Act 1969: Part 7 and Schedule 3.
1969, No 54—The Aged and Inﬁrm Persons Protection Amendment Act 1969.

1972, No 22—The Mental Health Amendment Act 1972: sections 10(2), 10(3), 11, and 12.

1972, No 130—The Judicature Amendment Act 1972: so much of Schedule 2 as relates to the Aged and Inﬁrm Persons Protection Act 1912.

1974, No 73—The Maori Affairs Amendment Act 1974: section 79(2).

1975, No 58—The Aged and Inﬁrm Persons Protection Amendment Act 1975.

1975, No 118—The Mental Health Amendment Act 1975.


1985, No 112—The Judicature Amendment Act (No 2) 1985: so much of Part 2 of Schedule 2 as relates to section 30 of the Aged and Inﬁrm Persons Protection Act 1912.

125 Notes Protection of Personal and Property Rights Act 1988 Reprinted as at 18 May 2009 Contents 1 2 3 General About this eprint List of amendments incorporated in this eprint (most recent ﬁrst) General This is an eprint of the Protection of Personal and Property Rights Act 1988.
It incorporates all the amendments to the Act as at 18 May 2009.

The list of amendments at the end of these notes speciﬁes all the amendments incorporated into this eprint since 18 September 2007.

Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.

About this eprint This eprint has not been ofﬁcialised.
For more information about ofﬁcialisation, please see “Making online legislation ofﬁcial” under “Status of legislation on this site” in the About section of this website.
List of amendments incorporated in this eprint (most recent ﬁrst) Protection of Personal and Property Rights Amendment Act 2008 (2008 No 84) Property Law Act 2007 (2007 No 91): section 364(1) Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90) Insolvency Act 2006 (2006 No 55): section 445 Wills Act 2007 (2007 No 36): section 41 Notes 1 2 3 126