Protection of Personal and Property Rights Act 1988
Sections and provisions with full text and the judgments that cite each one.
Section 42 — Manager's powers subject to provisions of personal order
42 Manager's powers subject to provisions of personal order Where a property order is made in respect of any person subject to a personal order, the exercise by the manager of the rights and powers…
Section 43 — Manager's duty to consult
43 Manager's duty to consult (1) In the management of the property of a person subject to a property order, the manager shall, as far as it may be practicable, consult— (a) The person for whom the…
Section 44 — Effect of manager's decisions, etc
44 Effect of manager's decisions, etc (1) 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…
Section 45 — Statements required
45 Statements required (1) 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…
Section 46 — Statement to be examined by or on behalf of Public Trust
46 Statement to be examined by or on behalf of Public Trust (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…
Section 47 — Inspection and copying of statements and reports by leave
47 Inspection and copying of statements and reports by leave Any person may, by leave of the Court or of the Registrar, inspect or make a copy of the whole or any part of any statement or report…
Section 48 — Enforcement of manager's duty to prepare and file statements
48 Enforcement of manager's duty to prepare and file statements (1) Where a manager fails to file a statement in a Court when required to do so by section 45(2) of this Act, the Registrar of the…
Section 49 — Liability of manager
49 Liability of manager (1) 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…
Section 50 — Expenses of management and remuneration of managers
50 Expenses of management and remuneration of managers (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…
Section 51 — Grants to Public Trustee
51 Grants to Public Trustee [Repealed] Section 51 was amended, as from 1 July 1995, by section 10(1) Department of Justice (Restructuring) Act 1995 (1995 No 39) by substituting the words “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…
Section 52 — When manager ceases to hold office
52 When manager ceases to hold office A manager shall cease to hold office as manager under this Part of this Act— (a) If the person for whom the manager was acting dies; or (b) If the manager dies…
Section 53 — Powers of persons subject to property orders
53 Powers of persons subject to property orders (1) Subject to section 36(2) of this Act, a person subject to a property order shall be incapable of exercising personally any of the powers vested in…
Section 54 — Testamentary powers of person subject to property order
54 Testamentary powers of person subject to property order (1) Without limiting the generality of section 4 of this Act, a person subject to a property order shall not, by reason only of being…
Section 55 — Court may authorise manager to make testamentary disposition for person subject to property order
55 Court may authorise manager to make testamentary disposition for person subject to property order (1) Where the Court has given a direction under section 54(2) of this Act that a person subject to…
Section 56 — Testamentary law otherwise unaffected
56 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 dispositions.
Section 57 — Proceedings, execution, etc, not to proceed without leave of Court
57 Proceedings, execution, etc, not to proceed without leave of Court (1) From the date on which an application is made for a property order in respect of any person, no person shall, without the…
Section 58 — Notional preservation of character of assets converted
58 Notional preservation of character of assets converted (1) Where any property (including money) is derived from any sale, mortgage, charge, or other disposition of any other property belonging to…
Section 59 — Notional preservation of character of money expended for certain purposes
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…
Section 60 — Court may make orders for preserving nature and devolution of property
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…
Section 61 — Termination of notional preservation of character of assets
61 Termination of notional preservation of character of assets (1) 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…
Section 62 — Court may settle the beneficial interests of person subject to property order
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…
Section 63 — Service of copy of application required
63 Service of copy of application required (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…
Section 64 — Applications may be joined, etc
64 Applications may be joined, etc (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. (2) A…
Section 65 — Appointment of barrister or solicitor by Court
65 Appointment of barrister or solicitor by Court (1) On an application for the exercise of the Court's jurisdiction under this Act, a Court shall appoint a barrister or solicitor to represent the…
Section 66 — Calling of pre-hearing conference
66 Calling of pre-hearing conference (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…
Section 67 — Objectives of pre-hearing conference
67 Objectives of pre-hearing conference The objectives of a pre-hearing conference shall be— (a) To identify the problem for which an order of the Court is sought; and (b) To reach agreement between…
Section 68 — Procedure at pre-hearing conference
68 Procedure at pre-hearing conference (1) Every pre-hearing conference shall be presided over by a Family Court Judge. (2) The barrister or solicitor representing the person in respect of whom the…
Section 69 — Identification of issues
69 Identification of issues (1) If the parties at a pre-hearing 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…
Section 70 — Power of presiding Judge to make consent orders
70 Power of presiding Judge to make consent orders (1) Subject to subsection (2) of this section, at a pre-hearing conference the presiding Judge may, by consent of the parties, make any orders that…
Section 71 — Power to require attendance at pre-hearing conference
71 Power to require attendance at pre-hearing conference (1) Where a person fails to comply with a request under section 66 of this Act to attend a pre-hearing conference, a District Court Judge may,…
Section 72 — Privilege
72 Privilege (1) No evidence shall be admissible in any court, or before any person acting judicially, of any information, statement, or admission disclosed or made in the course of a pre-hearing…
Section 73 — Presiding Judge may hear subsequent proceedings
73 Presiding Judge may hear subsequent proceedings The Family Court Judge who presides over a pre-hearing conference shall be entitled to hear any subsequent proceedings under that application unless…
Section 74 — Attendance of person in respect of whom application is made
74 Attendance of person in respect of whom application is made (1) The person in respect of whom an application for the exercise of the Court's jurisdiction under this Act is made shall be present…
Section 75 — Right of person to be heard and call evidence
75 Right of person to be heard and call evidence (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…
Section 76 — Court may call for report on person
76 Court may call for report on person (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…
Section 77 — Evidence
77 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 may receive any evidence that it thinks fit, whether it is…
Section 78 — Power of Court to call witnesses
78 Power of Court to call witnesses (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…
Section 79 — Proceedings not open to public
79 Proceedings not open to public (1) No person shall be present during the hearing of any proceedings under this Act except the following: (a) Officers of the Court: (b) Parties to the proceedings…
Section 80 — Restriction of publication of reports of proceedings
80 Restriction of publication of reports of proceedings (1) No person shall publish any report of proceedings under this Act except with the leave of the Court that heard the proceedings. (2) Every…
Section 81 — Costs
81 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.
Section 82 — Court to state whether order is suspended pending appeal
82 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…
Section 83 — Right of appeal to High Court
83 Right of appeal to High Court (1) 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…
Section 83A — Procedure on appeal to High Court
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…
Section 84 — Further appeal to Court of Appeal
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…
Section 85 — Appeals to Court of Appeal from decisions of High Court
85 Appeals to Court of Appeal from decisions of High Court (1) Where— (a) An application to a Family Court for the exercise of the Court's jurisdiction under this Act has been transferred to the High…
Section 86 — Review of personal orders
86 Review of personal orders (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…
Section 87 — Review of property orders
87 Review of property orders (1) Where a trustee corporation— (a) 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…
Section 88 — Procedure on review
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…
Section 89 — Review of welfare guardian's or manager's decisions
89 Review of welfare guardian's or manager's decisions (1) A person for whom a welfare guardian or a manager is acting, and any other person with the leave of the Court, may at any time apply to a…
Section 90 — Interpretation
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,…