Protection of Personal and Property Rights Act 1988
Sections and provisions with full text and the judgments that cite each one.
Section 91 — 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 92 — Appointment of authorised officer in another country
92 Appointment of authorised officer in another country If it appears to the manager of a person subject to a property order in New Zealand that the person is possessed of or entitled to or…
Section 93 — Resealing in New Zealand
93 Resealing in New Zealand (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…
Section 93A — Purpose of this Part
93A Purpose of this Part (1) The purpose of this Part is to enable a person (the donor ) to— (a) grant to another person an enduring power of attorney to act in relation to the donor's personal care…
Section 93B — Presumption of competence
93B Presumption of competence (1) For the purposes of this Part, every person is presumed, until the contrary is shown,— (a) to be competent to manage his or her own affairs in relation to his or her…
Section 94 — Interpretation
94 Interpretation (1) For the purposes of this Part, the donor of an enduring power of attorney is mentally incapable in relation to property if the donor is not wholly competent to manage his or her…
Section 94A — Creation of enduring power of attorney
94A Creation of enduring power of attorney (1) This section applies only to a power of attorney executed after the commencement of section 7 of the Protection of Personal and Property Rights…
Section 95 — When power of attorney is an enduring power of attorney
95 When power of attorney is an enduring power of attorney (1) Except as otherwise provided in this section, a power of attorney that meets the requirements of section 94A is an enduring power of…
Section 96 — Enduring power of attorney not revoked by donor's subsequent mental incapacity
96 Enduring power of attorney not revoked by donor's subsequent mental incapacity An enduring power of attorney shall not be revoked by the donor's subsequent mental incapacity, but shall continue to…
Section 97 — Enduring power of attorney in relation to property
97 Enduring power of attorney in relation to property (1) A donor of an enduring power of attorney may authorise the attorney to act generally in relation to the whole or a specified part of the…
Section 97A — Exercise of enduring power of attorney in relation to property
97A Exercise of enduring power of attorney in relation to property (1) This section applies to an attorney acting under an enduring power of attorney in relation to the donor's property if the donor…
Section 98 — Enduring power of attorney in relation to personal care and welfare
98 Enduring power of attorney in relation to personal care and welfare (1) Subject to subsections (3) and (4) of this section, a donor of an enduring power of attorney may authorise the attorney to…
Section 98A — Exercise of 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 (1) This section applies to an attorney acting under an enduring power of attorney in relation to the donor's…
Section 99 — Both kinds of powers may be given
99 Both kinds of powers may be given (1) Nothing in section 95 or section 97(1) or section 98(1) of this Act shall prevent a donor from— (a) Authorising the attorney, whether in the same or in a…
Section 99A — Attorney's duty to consult
99A Attorney's duty to consult (1) When acting under an enduring power of attorney, the attorney must, as far as is practicable, consult— (a) the donor; and (b) in relation to any particular matter,…
Section 99B — Attorney must provide information on exercise of powers
99B Attorney must provide information on exercise of powers An attorney must promptly comply with any request for information relating to the exercise of the attorney's powers under the enduring…
Section 99C — Attorney as to property must keep records
99C Attorney as to property must keep records (1) An attorney under an enduring power of attorney in relation to a donor's property must keep records of each financial transaction entered into by the…
Section 99D — Medical certification of incapacity
99D Medical certification of incapacity (1) A certificate of the donor's mental incapacity under this Part must be— (a) in the prescribed form; or (b) if the certificate is issued outside New…
Section 100 — Enduring powers of attorney subject to personal order and property order
100 Enduring powers of attorney subject to personal order and property order Where an enduring power of attorney is given by a person who is or who subsequently becomes subject to a personal order or…
Section 100A — Suspension of attorney's power to act
100A Suspension of attorney's power to act (1) A donor of an enduring power of attorney who has been, but is no longer, mentally incapable may suspend the attorney's authority to act under the…
Section 101 — Attorney may seek directions from Court
101 Attorney may seek directions from Court (1) The attorney under an enduring power of attorney may apply to a Court for directions relating to the exercise of the attorney's powers. (2) Nothing in…
Section 102 — Court's jurisdiction in respect of an enduring power of attorney
102 Court's jurisdiction in respect of an enduring power of attorney (1) A Court shall have jurisdiction to determine— (a) Whether or not any instrument is an enduring power of attorney; or (b)…
Section 102A — Persons who may apply for exercise of Court's jurisdiction
102A Persons who may apply for exercise of Court's jurisdiction An application to a court for the exercise of its jurisdiction under section 102 or 105 may be made by— (a) any person listed in…
Section 103 — Review of attorney's decisions
103 Review of attorney's decisions (1) Any of the following people may at any time apply to a court to review any decision made by an attorney acting under an enduring power of attorney while the…
Section 103A — Validity of actions under power of attorney not meeting requirements of section 94A or 95
103A Validity of actions under power of attorney not meeting requirements of section 94A or 95 The fact that a power of attorney is not an enduring power of attorney because of any failure to meet…
Section 103B — Effect of attorney's decision on third parties
103B Effect of attorney's decision on third parties A person dealing with an attorney acting under an enduring power of attorney in respect of any matter within the power of attorney— (a) does not…
Section 103C — Effect of attorney's actions, etc, before notice of revocation or suspension received
103C Effect of attorney's actions, etc, before notice of revocation or suspension received (1) This section applies, instead of section 20(1) to (4) of the Property Law Act 2007, to enduring powers…
Section 104 — Disclaimer by attorney
104 Disclaimer by attorney (1) An attorney under an enduring power of attorney may not disclaim that power otherwise than by notice given as follows: (a) Where the donor is not mentally incapable, by…
Section 105 — Court may revoke appointment of attorney
105 Court may revoke appointment of attorney (1) The Court may, in any proceeding commenced under section 101 , 102A , or 103 , revoke the appointment of an attorney under an enduring power of…
Section 106 — Circumstances in which enduring power of attorney shall cease to have effect
106 Circumstances in which enduring power of attorney shall cease to have effect (1) An enduring power of attorney shall cease to have effect when— (a) The donor, by notice in writing to the…
Section 107 — Attorney's power to benefit self and others
107 Attorney's power to benefit self and others (1) An attorney under an enduring power of attorney must not, at any time while the donor is mentally incapable, act to the benefit of the attorney or…
Section 108 — Procedure
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…
Section 108A — Interpretation
108A Interpretation In this Part,— court means,— (a) where a claim of a specified person could be the subject of proceedings in New Zealand, a court in which proceedings could be taken to enforce the…
Section 108AA — Enduring powers of attorney created before Protection of Personal and Property Rights Amendment Act 2007
108AA Enduring powers of attorney created before Protection of Personal and Property Rights Amendment Act 2007 (1) In this section, commencement date means the commencement date of section 23 of the…
Section 108AAB — Review of Protection of Personal and Property Rights Amendment Act 2007
108AAB Review of Protection of Personal and Property Rights Amendment Act 2007 (1) The Minister of State for the time being responsible for senior citizens must, as soon as practicable, 5 years after…
Section 108B — Approval of court required to settle claims of specified persons
108B Approval of court required to settle claims of specified persons (1) This section applies where money or damages are claimed by or on behalf of a specified person, whether alone or in…
Section 108C — Applications for approval of court
108C Applications for approval of court (1) An application for the approval of a court under this section may be made by or on behalf of a specified person, or by any other party to the agreement or…
Section 108D — Money or damages may be held upon trust
108D Money or damages may be held upon trust (1) Without limiting section 108C , this section applies where the court directs that all or part of any money or damages awarded to a specified person,…
Section 108E — Money or damages held by manager
108E Money or damages held by manager (1) Without limiting section 108C(2) , where there is a manager of the estate of the specified person under this Act, the court may direct that all or part of…
Section 108F — Termination of trust
108F Termination of trust (1) Where a specified person attains the capacity to manage his or her own affairs while any amount is held on trust for his or her benefit under section 108D , the balance…
Section 108G — Part does not affect Deaths by Accidents Compensation Act 1952
108G Part does not affect Deaths by Accidents Compensation Act 1952 Nothing in this Part limits or affects the Deaths by Accidents Compensation Act 1952 . Compare: 1957 No 36 s 66(9). Part 9A…
Section 109 — Orders may be registered
109 Orders may be registered (1) A property order may be registered under the Deeds Registration Act 1908 as an instrument affecting the title to any land in which the person subject to the order has…
Section 110 — Remission of fees in cases of hardship
110 Remission of fees in cases of hardship Where it appears to the Registrar of a Court that the payment of any fees prescribed as payable in respect of any proceedings under this Act, or of those…
Section 111 — Rules of procedure
111 Rules of procedure Rules may be made regulating the practice and procedure of Courts in proceedings under this Act,— (a) in the case of the High Court, under section 51C of the Judicature Act…
Section 111A — Transitional provision relating to rules—
111A Transitional provision relating to rules— (1) Subsections (2) and (3) apply to rules made under section 111 that are in force immediately before the commencement of this section, unless those…
Section 112 — Regulations
112 Regulations The Governor-General may from time to time, by Order in Council, make regulations— (a) Making provision for the determination of the amount of fees and expenses, including minimum and…
Section 113 — Reference to Aged and Infirm Persons Protection Act 1912 and Part 7 of the Mental Health Act 1969 in other Acts
113 Reference to Aged and Infirm Persons Protection Act 1912 and Part 7 of the Mental Health Act 1969 in other Acts Unless the context otherwise requires, in any other enactment, or in any…
Section 114 — Savings
114 Savings Nothing in this Act shall limit the general jurisdiction of the High Court under section 17 of the Judicature Act 1908 or otherwise.
Section 115
115 [Repealed] Section 115 was repealed by section 362(1) and (2) Te Ture Whenua Maori Act 1993 (1993 No 4).
Section 116 — Repeals
116 Repeals The enactments specified in Schedule 4 to this Act are hereby repealed.