Protection of Personal and Property Rights Act 1988
Sections and provisions with full text and the judgments that cite each one.
Section 1 — Short Title and commencement
1 Short Title and commencement (1) This Act may be cited as the Protection of Personal and Property Rights Act 1988. (2) This Act shall come into force on the 1st day of October 1988.
Section Sch1-1
1 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…
Section Sch1-2
2 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 considers necessary…
Section Sch1-3
3 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,…
Section 2 — Interpretation
2 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 , in relation to any…
Section Sch2-1
1 For the purposes of section 39 of this Act, Public Trust may advance money to the estate of the person subject to a property order in accordance with section 56 of the Public Trust Act 2001 ; or…
Section Sch2-2
2 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,…
Section 3 — Act binds the Crown
3 Act binds the Crown This Act shall bind the Crown.
Section Sch3 — Form of enduring power of attorney in relation to property
Schedule 3 Form of enduring power of attorney in relation to property Section 95 [Repealed] Schedule 3: repealed, on 25 September 2008, by section 25 of the Protection of Personal and Property Rights…
Section 4 — Legal capacity of persons subject to orders under this Act
4 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…
Section Sch4 — Enactments repealed
Schedule 4 Enactments repealed Section 116 1912, No 26—The Aged and Infirm Persons Protection Act 1912. 1969, No 16—The Mental Health Act 1969: Part 7 and Schedule 3 . 1969, No 54—The Aged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…
Section 5 — Presumption of competence
5 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— (a) To understand the nature, and to foresee…
Section 6 — Jurisdiction of Court under this Part
6 Jurisdiction of Court under this Part (1) 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…
Section 7 — Persons who may apply for exercise of Court's jurisdiction
7 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…
Section 8 — Primary objectives of Court in exercise of jurisdiction under this Part
8 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…
Section 9 — Course to be followed by Court
9 Course to be followed by Court (1) 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…
Section 10 — Kinds of order
10 Kinds of order (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…
Section 11 — Order to administer property
11 Order to administer property (1) Where, on an application to a Court for the exercise of its jurisdiction under this Part of this Act,— (a) The person in respect of whom the application is made is…
Section 12 — Court may appoint welfare guardian
12 Court may appoint welfare guardian (1) Subject to the succeeding provisions of this section, on an application for the exercise of a Court's jurisdiction under this Part of this Act, the Court may…
Section 13 — Court may make recommendations instead of order
13 Court may make recommendations instead of order (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…
Section 14 — Interim orders
14 Interim orders (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…
Section 15 — Orders by consent
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…
Section 16 — Persons subject to property order
16 Persons subject to property order (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…
Section 17 — Expiry of orders
17 Expiry of orders (1) 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…
Section 18 — Powers and duties of welfare guardian
18 Powers and duties of welfare guardian (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 marriage or…
Section 19 — Effect of welfare guardian's decisions, etc
19 Effect of welfare guardian's decisions, etc (1) 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…
Section 20 — Liability of welfare guardian
20 Liability of welfare guardian (1) Subject to subsection (2) of this section, no action shall lie against a welfare guardian in respect of anything done or omitted to be done by the welfare…
Section 21 — Welfare guardian's expenses
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…
Section 22 — When welfare guardian ceases to hold office
22 When welfare guardian ceases to hold office A welfare guardian shall cease to hold office— (a) If the person for whom the welfare guardian is acting dies; or (b) If the welfare guardian dies or is…
Section 23 — Appointment of welfare guardian in event of non-compliance
23 Appointment of welfare guardian in event of non-compliance (1) Where any person is required by a personal order to do any thing and that person fails to comply with any of the requirements of the…
Section 24 — Presumption of competence
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…
Section 25 — Jurisdiction of Court under this Part
25 Jurisdiction of Court under this Part (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…
Section 26 — Persons who may apply for exercise of Court's jurisdiction
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…
Section 27 — Need for application in respect of hospital patient, etc, may be investigated
27 Need for application in respect of hospital patient, etc, may be investigated (1) Where— (a) Any person is or has been admitted to any hospital, home, or other institution as a patient or…
Section 28 — Primary objectives of Court in exercise of jurisdiction under this Part
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…
Section 29 — Course to be followed by Court
29 Course to be followed by Court (1) 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…
Section 30 — Temporary orders
30 Temporary orders (1) Where a Court is satisfied— (a) 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;…
Section 31 — Appointment of manager
31 Appointment of manager (1) Subject to the succeeding provisions of this section and to sections 31A and 31B of this Act, on an application for the exercise of a Court's jurisdiction under this…
Section 31A — Kai tiaki trusts
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…
Section 31B — Maori land or shares in Maori incorporation
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…
Section 32 — Application to trustee corporation to act as manager
32 Application to trustee corporation to act as manager (1) Any person who— (a) Has attained the age of 18 years; and (b) Is domiciled or is ordinarily resident in New Zealand; and (c) Considers that…
Section 33 — Application to trustee corporation in respect of small estates
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…
Section 34 — When a person ceases to be subject to property order
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) The person dies; or (b) The Court discharges the property order under…
Section 35 — Property not to vest in manager
35 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…
Section 36 — Functions and duties of manager
36 Functions and duties of manager (1) 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…
Section 37 — Security for performance of manager's duties
37 Security for performance of manager's duties (1) A Court may, if it thinks fit, require any manager (other than a trustee corporation), upon appointment or at any time thereafter, to give such…
Section 38 — Powers of manager
38 Powers of manager (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.…
Section 39 — Additional powers where Public Trust appointed manager
39 Additional powers where Public Trust appointed manager For the purpose of enabling Public Trust to exercise effectively any of the powers conferred on Public Trust by or under this Act or any…
Section 40 — Application of Public Trust Act 2001
40 Application of Public Trust Act 2001 (1) The management of the property of a person subject to a property order in respect of which Public Trust is the manager or one of the managers shall be…
Section 41 — Application of Maori Trustee Act 1953
41 Application of Maori Trustee Act 1953 (1) The management of the property of a person subject to a property order in respect of which the Maori Trustee is the manager or one of the managers shall…