Protection of Personal and Property Rights Act 1988

• Jurisdiction: New Zealand
• Reference: 1988 No 4
• Citation: 1988 No 4
• Record Number: DLM126527
• Act Number: 4
• Type of Document: Act

Contenidos

• Protection of Personal and Property Rights Act 1988
• Preamble
• Contents
• 1 Short Title and commencement
• 2 Interpretation
• 3 Act binds the Crown
• 4 Legal capacity of persons subject to orders under this Act
• 4A Transitional, savings, and related provisions
• Part 1
• 5 Presumption of competence
• 6 Jurisdiction of court under this Part
• 7 Persons who may apply for exercise of court's jurisdiction
• 8 Primary objectives of court in exercise of jurisdiction under this Part
• 9 Course to be followed by court
• 10 Kinds of order
• 11 Order to administer property
• 12 Court may appoint welfare guardian
• 13 Court may make recommendations instead of order
• 14 Interim orders
• 15 Orders by consent
• 16 Persons subject to property order
• 17 Expiry of orders
• Part 2
• 18 Powers and duties of welfare guardian
• 19 Effect of welfare guardian's decisions, etc
• 20 Liability of welfare guardian
• 21 Welfare guardian's expenses
• 22 When welfare guardian ceases to hold office
• 23 Appointment of welfare guardian in event of non-compliance
• Part 3
• 24 Presumption of competence
• 25 Jurisdiction of court under this Part
• 26 Persons who may apply for exercise of court's jurisdiction
• 27 Need for application in respect of hospital patient, etc, may be investigated
• 28 Primary objectives of court in exercise of jurisdiction under this Part
• 29 Course to be followed by court
• 30 Temporary orders
• 31 Appointment of manager
• 31A Kai tiaki trusts
• 31B Maori land or shares in Maori incorporation
• 32 Application to trustee corporation to act as manager
• 33 Application to trustee corporation in respect of small estates
• 34 When a person ceases to be subject to property order
• Part 4
• 35 Property not to vest in manager
• 36 Functions and duties of manager
• 37 Security for performance of manager's duties
• 38 Powers of manager
• 39 Additional powers where Public Trust appointed manager
• 40 Application of Public Trust Act 2001
• 41 Application of Maori Trustee Act 1953
• 42 Manager's powers subject to provisions of personal order
• 43 Manager's duty to consult
• 44 Effect of manager's decisions, etc
• 45 Statements required
• 46 Statement to be examined by or on behalf of Public Trust
• 47 Inspection and copying of statements and reports by leave
• 48 Enforcement of manager's duty to prepare and file statements
• 49 Liability of manager
• 50 Expenses of management and remuneration of managers
• 51 Grants to Public Trustee
• 52 When manager ceases to hold office
• Part 5
• 53 Powers of persons subject to property orders
• 54 Testamentary powers of person subject to property order
• 55 Court may authorise manager to make testamentary disposition for person subject to property order
• 56 Testamentary law otherwise unaffected
• 57 Proceedings, execution, etc, not to proceed without leave of court
• 58 Notional preservation of character of assets converted
• 59 Notional preservation of character of money expended for certain purposes
• 60 Court may make orders for preserving nature and devolution of property
• 61 Termination of notional preservation of character of assets
• 62 Court may settle the beneficial interests of person subject to property order
• Part 6
• 63 Service of copy of application required
• 64 Applications may be joined, etc
• 65 Appointment of lawyer to represent person in respect of whom application made
• 65A Appointment of lawyer to assist court
• 65B Payment of lawyer appointed under section 65A
• 66 Calling of pre-hearing conference
• 67 Objectives of pre-hearing conference
• 68 Procedure at pre-hearing conference
• 69 Identification of issues
• 70 Power of presiding officer to make consent orders
• 71 Power to require attendance at pre-hearing conference
• 72 Privilege
• 73 Presiding Judge may hear subsequent proceedings
• 74 Attendance of person in respect of whom application is made
• 75 Right of person to be heard and call evidence
• 76 Court may call for report on person
• 77 Evidence
• 78 Power of court to call witnesses
• 79 Attendance at hearings
• 80 Publication of reports of proceedings
• 81 Costs
• Part 7
• 82 Court to state whether order is suspended pending appeal
• 83 Right of appeal to High Court
• 83A Procedure on appeal to High Court
• 84 Further appeal to Court of Appeal
• 85 Appeals to Court of Appeal from decisions of High Court
• 86 Review of personal orders
• 87 Review of property orders