PROTECTION OF PERSONAL AND PROPERTY RIGHTS ACT 1988

New Zealand Acts

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PROTECTION OF PERSONAL AND PROPERTY RIGHTS ACT 1988

- As at 1 April 2025
- Act 4 of 1988

TABLE OF PROVISIONS

Long Title

1. Short Title and commencement
2. Interpretation
3. Act binds the Crown
4. Legal capacity of persons subject to orders under this Act
4A. Transitional, savings, and related provisions

PART 1 - Personal rights

5. Presumption of competence
6. Jurisdiction of court under this Part
7. Persons who may apply for exercise of court's jurisdiction
8. Primary objectives of court in exercise of jurisdiction under this Part
9. Course to be followed by court
10. Kinds of order
11. Order to administer property
12. Court may appoint welfare guardian
13. Court may make recommendations instead of order
14. Interim orders
15. Orders by consent
16. Persons subject to property order
17. Expiry of orders

PART 2 - Welfare guardians

18. Powers and duties of welfare guardian
19. Effect of welfare guardian's decisions, etc
20. Liability of welfare guardian
21. Welfare guardian's expenses
22. When welfare guardian ceases to hold office
23. Appointment of welfare guardian in event of non-compliance

PART 3 - Property rights

24. Presumption of competence
25. Jurisdiction of court under this Part
26. Persons who may apply for exercise of court's jurisdiction
27. Need for application in respect of hospital patient, etc, may be investigated
28. Primary objectives of court in exercise of jurisdiction under this Part
29. Course to be followed by court
30. Temporary orders
31. Appointment of manager
31A. Kai tiaki trusts
31B. Maori land or shares in Maori incorporation
32. Application to trustee corporation to act as manager
33. Application to trustee corporation in respect of small estates
34. When a person ceases to be subject to property order

PART 4 - Managers

35. Property not to vest in manager
36. Functions and duties of manager
37. Security for performance of manager's duties
38. Powers of manager
39. Additional powers where Public Trust appointed manager
40. Application of Public Trust Act 2001
41. Application of Maori Trustee Act 1953
42. Manager's powers subject to provisions of personal order
43. Manager's duty to consult
44. Effect of manager's decisions, etc
45. Statements required
46. Statement to be examined by or on behalf of Public Trust
47. Inspection and copying of statements and reports by leave
48. Enforcement of manager's duty to prepare and file statements
49. Liability of manager
50. Expenses of management and remuneration of managers
51. Grants to Public Trustee
52. When manager ceases to hold office

PART 5 - Powers and property of persons subject to property orders

53. Powers of persons subject to property orders
54. Testamentary powers of person subject to property order
55. Court may authorise manager to make testamentary disposition for person subject to property order
56. Testamentary law otherwise unaffected
57. Proceedings, execution, etc, not to proceed without leave of court
58. Notional preservation of character of assets converted
59. Notional preservation of character of money expended for certain purposes
60. Court may make orders for preserving nature and devolution of property
61. Termination of notional preservation of character of assets
62. Court may settle the beneficial interests of person subject to property order

PART 6 - Procedure

63. Service of copy of application required
64. Applications may be joined, etc
65. Appointment of lawyer to represent person in respect of whom application made
65A. Appointment of lawyer to assist court
65B. Payment of lawyer appointed under section 65A
66. Calling of pre-hearing conference
67. Objectives of pre-hearing conference
68. Procedure at pre-hearing conference
69. Identification of issues
70. Power of presiding officer to make consent orders
71. Power to require attendance at pre-hearing conference
72. Privilege
73. Presiding Judge may hear subsequent proceedings
74. Attendance of person in respect of whom application is made
75. Right of person to be heard and call evidence
76. Court may call for report on person
77. Evidence
78. Power of court to call witnesses
79. Attendance at hearings
80. Publication of reports of proceedings
81. Costs

PART 7 - Appeals and reviews

82. Court to state whether order is suspended pending appeal
83. Right of appeal to High Court
83A. Procedure on appeal to High Court
84. Further appeal to Court of Appeal
85. Appeals to Court of Appeal from decisions of High Court
86. Review of personal orders
87. Review of property orders
88. Procedure on review
89. Review of welfare guardian's or manager's decisions

PART 8 - Reciprocal provisions

90. Interpretation
91. Powers of Public Trust as to property in New Zealand of incapacitated person in another country
92. Appointment of authorised officer in another country
93. Resealing in New Zealand

PART 9 - Enduring powers of attorney

93A. Purpose of this Part
93B. Presumption of competence
94. Interpretation
94A. Creation of enduring power of attorney
95. When power of attorney is an enduring power of attorney
95A. Notice revoking earlier enduring power of attorney
96. Enduring power of attorney not revoked by donor's subsequent mental incapacity
97. Enduring power of attorney in relation to property
97A. Exercise of enduring power of attorney in relation to property
98. Enduring power of attorney in relation to personal care and welfare
98A. Exercise of enduring power of attorney in relation to personal care and welfare
99. Both kinds of powers may be given
99A. Attorney's duty to consult
99B. Attorney must provide information on exercise of powers
99C. Attorney as to property must keep records
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. Attorney may seek directions from court
102. Court's jurisdiction in respect of an enduring power of attorney
102A. Persons who may apply for exercise of court's jurisdiction
103. Review of attorney's decisions
103A. Validity of actions under power of attorney not meeting 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 revocation or suspension received
104. Disclaimer by attorney
105. Court may revoke appointment of attorney
106. Circumstances in which enduring power of attorney ceases to have effect
106A. Revocation of appointment of attorneys with several authority
107. Attorney's power to benefit self and others
108. Procedure
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
Note

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

109. Orders may be registered
110. Remission of fees in cases of hardship
111. Rules of procedure
111A. Transitional provision relating to rules
112. Regulations
113. Reference to Aged and Infirm Persons Protection Act 1912 and Part 7 of the Mental Health Act 1969 in other Acts
114. Savings
115. Maori Affairs Act 1953 amended
116. Repeals
117. Transitional provisions
SCHEDULE 1AA
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4

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