Section 91 — Protection of Personal and Property Rights Act 1988: Powers of Public Trust as to property in New Zealand of incapacitated person in another country

91 Powers of Public Trust as to property in New Zealand of incapacitated person in another country (1) The Governor-General may from time to time, by Order in Council, apply the provisions of this section, subject to any exceptions and modifications specified in the order, to any country specified in the order. (2) 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— (a) Certifies in writing under his or her hand and seal to Public Trust that— (i) Any person in that country (whatever that person's domicile may be) is, by the law of that country, an incapacitated person; and (ii) That the person is possessed of or entitled to or interested in any property in New Zealand; and (b) Such authorised officer, by instrument in writing under his or her hand and seal, authorises Public Trust to collect, manage, sell, or otherwise dispose of and administer that property or to make inquiry respecting it,— 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. (3) 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 incapacitated person in that country. (4) Public Trust may pay over or deliver to an authorised officer in that country the balance of money or property received by Public Trust, after payment of all costs, charges, and expenses incurred in and about the exercise of those powers and after satisfying or providing for the debts and claims of all persons resident in New Zealand of whose debts or claims Public Trust has had notice, without seeing to its application and without incurring any liability in regard to any such payment or delivery; and shall duly account for it to such officer. 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). 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).