Search Results

1. The court & enduring power of attorney (EPA)

   ...enduring power of attorney - Section 103C, Protection of Personal and Property Rights Act 1988 Back to top Forms to apply for an EPA review You’ll need to give the Family Court both of these forms: Information sheet to accompany applications under PPPR Act - PPPR14 - include a copy of the EPA. General affidavit You’ll also need to give the Family Court 1 of these forms: Application by attorney for directions – PPPR23 or Application for exercise of court's jurisdiction in respect of an EPA...

   Located in:

   1. Family >
   2. Powers to make decisions for others

2. LCRO 57/2018 G RC and D RC v YS (30 April 2019) [pdf, 335 KB]

   ...… is able to understand the nature of the transaction when explained to him”.15 [75] A similar approach is taken when a person creates, or revokes, an enduring power of attorney under the Protection of Personal and Property Rights Act 1988 (PPPR Act).16 The Family Court has held that the test to create an enduring power of attorney is “the capacity to understand the broad essentials of an enduring power of attorney, including the understanding that [the donor] was placing [...

3. YM v RP LCRO 238/2012 (31 March 2016) [pdf, 54 KB]

   ...have given considerable weight to the statement because Ms RP was a lawyer, and would have placed some reliance on her considerable experience as a practitioner practising in the area of mental health and protection of personal and property rights (PPPR). [22] This review engages consideration of the extent to which a practitioner can be said to have breached their professional obligations, as a consequence of providing a statement to the Police, which is alleged to be inaccurate to the...

4. Tamplin v Boizard [2021] NZHRRT 42 [pdf, 242 KB]

   ...reasonable is the next matter to determine. [39] Counsel for Mr Tamplin submitted that this subjective belief was not objectively reasonable as Dr Boizard should have been aware that under the Protection of Personal and Property Rights Act 1988 (the PPPR Act) every person is presumed to be competent to manage their own affairs and to understand decisions in respect of their personal care and welfare until the contrary is shown. [40] In particular, it was submitted that while Dr Boizard...

5. OIA-123002.pdf [pdf, 824 KB]

   ...Intellectual Disability $0.00 $0.00 $945.00 $0.00 Maintenance $39,042.40 $35,262.20 $86,184.64 $96,621.42 Mental Health $3,474,106.80 $4,174,258.25 $4,643,722.48 $5,003,484.59 Oranga Tamariki $1,280,872.71 $1,392,330.97 $1,641,305.03 $1,783,078.59 PPPR $151,366.60 $171,297.03 $285,433.70 $287,485.70 Property $2,945,982.38 $3,759,263.52 $4,634,609.02 $4,886,938.51 Disbursements Adoption $3,659.37 $3,445.49 $1,590.98 $2,394.99 CYPFA $4,850.42 $20,282.43 $4,926.48 $1,176.18 Care...

6. BORA Te Ture Whenua Māori Bill [pdf, 218 KB]

   ...kaiwhakamarumaru appointments disqualify individuals subject to a compulsory treatment order under the Mental Health (Compulsory Assessment and Treatment) Act 2003 or a property order under the Protection of Personal and Property Rights Act 1988 (‘PPPR orders’). 16 15 Clauses 184(4)(g) and (h), 62(2), 75(2)(a). 16 Compulsory treatment orders can be made by a court in respect of a patient with a mental disorder requiring treatmen...

7. AD v ZW and ZWZ [2014] NZDT 592 (27 May 2014) [pdf, 34 KB]

   ...AD are in fact for other matters all of which arose some time after her father’s death in May and burial arrangements had been completed. The legal costs claimed are: Invoice Costs Issue (on personal order) dated 30 June 2013 $590.00 Invoice PPPR issues dated 2 September 2013 $460.00 Invoice estate issues dated 21 December 2013 $1,112.50 $2,162.50 [13] AD’s claim for legal costs cannot be established in contract, quasi contract or tort. Nor are her legal costs...

8. Statement of consent to appointment as manager - PPPR17 [pdf, 36 KB]

   r 410(2) Form PPPR 17 Statement of consent to appointment as manager Section 31(5)(c), Protection of Personal and Property Rights Act 1988 at ……………………………… [place] ……………………………………………………………………………………….. [full name] ……………………………………………………………………………………….. [address] ……………………………...

9. Statement of consent to appointment as welfare guardian - PPPR16 [pdf, 37 KB]

   r 410(1) Form PPPR 16 Statement of consent to appointment as welfare guardian Section 12(5)(d), Protection of Personal and Property Rights Act 1988 at ……………………………… [place] ……………………………………………………………………………………….. [full name] ……………………………………………………………………………………….. [address] ……………………...

10. Wellington Standards Committee 2 v Collins [2022] NZLCDT 22 (30 June 2022) [pdf, 170 KB]

    ...allegations were groundless. [22] The new EPOA for property, which appointed Mrs M as attorney, was signed by Mrs W on 25 July 2017. At this point, Mr Collins saw Mrs W by herself, acted as an independent witness pursuant to s 94A(4) of the PPPR Act2 and asked Mrs M to take the document away to be signed in front of someone else. [23] Section 97 of the PPPR Act3 allows for the donor of an EPOA to authorise the attorney to exercise powers under the document immediately, while th...