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1. 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...

2. 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...

3. 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...

4. Family Court statistics in New Zealand in 2006 and 2007 [pdf, 2 MB]

   ...2006 and 2007 57 2.4.3 Recent trends in property relationship cases 58 2.4.4 Characteristics of applicants 59 2.5 Protection of personal and property rights 61 2.5.1 Background 61 2.5.2 Applications and cases in 2006 61 2.5.3 Recent trends in PPPR applications 62 2.5.4 Demographic characteristics 63 2.6 Mental health and intellectual disability cases 65 2.6.1 Background 65 2.6.2 Applications in 2006 and 2007 65 2.6.3 Trends in mental health applications 66 2.6.4 Characteristics of...

5. 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 [...

6. LCRO 161/2017 CR v EM, DN and BN (24 January 2019) [pdf, 159 KB]

   ...had been unsatisfactory conduct on his part arising from his involvement in the sale of a property in the exercise of his powers under a power of attorney made by Mr TN (the EPOA) pursuant to Protection of Personal and Property Rights Act 1988 (PPPR Act). [2] The respondents are the complainants, Mr TN’s grandson EM, and Mr TN’s children BN and DN (the respondents). Mr TN appointed his son BN as property attorney jointly with Mr CR under the EPOA (the attorneys), and his daught...

7. Waikato Bay of Plenty Standards Committee No. 2 v Mr M [2016] NZLCDT 24 [pdf, 46 KB]

   ...his attendances to Ms G, he had become even more muddled and unaware of the ethical obligations to which he needed to pay attention. Issues [5] The issues which emerged as requiring determination are: 1. Do the supervisory provisions of the PPPR Act1 2. Was the conduct of the practitioner of a professional or personal nature? (s 7(a) or (b)). deprive this Tribunal of jurisdiction? 2 1 Protection of Personal and Property Rights Act...

8. Protocol-for-BDMRA-091221.pdf [pdf, 191 KB]

   ...can be dealt with in a court of the applicant’s choosing, on the papers, or remotely. We will embark on a consultative process with the medical and legal professions, to create a permanent process, using medical forms (similar to those used in PPPR applications) and standard Counsel to Assist/Lawyer for child briefs where required (similar to those used in Care of Children Act Lawyer for child appointments).10 How will this be implemented? Applicants will be able to apply to ame...

9. 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...

10. 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...