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StatuteProtection of Personal and Property Rights Act 1988

Section 108 — Protection of Personal and Property Rights Act 1988: Procedure

Text of the provision Official document

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 necessary modifications, shall apply as if the donor were a person 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 jurisdiction is made by any person other than the attorney, a copy of the application shall be served on the attorney (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: (c) A Court may hear and determine any proceedings before 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 respect of the same person, whether or not the parties to the proceedings are the same. 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 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).

Official source: legislation.govt.nz

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