New Zealand Case Law: Decisions & Judgments

Topic

Appointment of property manager

Legal area

Court

8 Mar 2022

MALCOLM v JOHN [2022] NZHC 388

Citation

[2022] NZHC 388
Court

High Court

The court removed the defendant from the trustee role and appointed an independent property manager and replacement trustee (Anthony Vincent) under s31 PPPR Act and s51 Trustee Act 1956, and appointed a welfare guardian (Michael Thorne) under s12 PPPR Act; those appointments take priority over any enduring power of attorney pursuant to s100 PPPR Act; the court lacked jurisdiction to remove the attorney appointed by the mother or to appoint executors not before the court.
18 Nov 2019

FLAVELL v CAMPBELL [2019] NZHC 2993

Citation

[2019] NZHC 2993
Court

High Court

Fees and disbursements of counsel appointed under the Act for the High Court appeal (counsel to assist and counsel for the protected person) are payable from public money under ss65/65B of the Act and, in the absence of regulations, are to be assessed by the Family Court Registrar; accordingly the High Court makes no orders as to those costs or disbursements and any order requiring a party to reimburse the Crown must be determined by the Family Court.
12 Apr 2019

FLAVELL v CAMPBELL [2019] NZHC 799

Citation

[2019] NZHC 799
Court

High Court

Unchallenged psychiatric evidence established the subject had moderate to severe cognitive deficits and lacked capacity when executing the EPOA; there was a real likelihood of undue influence by the appellant and evidence of obstructive and domineering conduct (and relevant dishonesty convictions) such that she was not a fit or proper person to manage the subject's funds; revocation of the EPOA and appointment of the Public Trust as property manager were justified and must be affirmed.
10 Oct 2016

BROWN v CHEUNG [2016] NZHC 2408

Citation

[2016] NZFLR 860
Court

High Court

Section 25(3) authorises interim orders permitting appointment of an independent manager and letting of relationship property to preserve assets pending final determination; the Associate Judge correctly excluded the applicant's affidavits because the applicant was materially illiterate in English and the affidavits were not prepared in compliance with the High Court Rules and Oaths and Declarations Act; on balancing factors an interim letting managed by a property manager was appropriate given applicant's uncertain ability to occupy due to EM bail; review dismissed and s 25(3)/s 33 orders gr…
18 Dec 2008

TRENEARY V TRENEARY AND ORS HC NWP CIV 2008-443-000386

Citation

openlaw-8ed75823_499a_47cd_8e0b_a85a6b39a2d2.pdf
Court

High Court

The High Court held the Family Court erred by conflating property management concerns with the separate statutory inquiry into welfare guardianship under s12, by applying findings about past financial mismanagement as an (irrelevant) determinant of suitability for welfare guardianship and by failing to adequately ascertain and consider the subject's wishes and the evidential basis for welfare findings; therefore the appointment must be remitted for fresh consideration and the interim appointments should continue.
10 Mar 2008

CMS V THE PUBLIC TRUST HC AK CIV 2007-404-002018

Citation

openlaw-ce40441f_719a_437d_b89a_774e0b3c78e0.pdf
Court

High Court

The Judge erred by authorising and enabling sale at a short‑cause fixture on insufficient evidence and in breach of statutory process (including the presumption of competence and s74 presence requirements); the directions and related extension were invalid and must be set aside and the applications remitted for full rehearing in the Family Court.

New Zealand Case Law

MALCOLM v JOHN [2022] NZHC 388

FLAVELL v CAMPBELL [2019] NZHC 2993

FLAVELL v CAMPBELL [2019] NZHC 799

BROWN v CHEUNG [2016] NZHC 2408

TRENEARY V TRENEARY AND ORS HC NWP CIV 2008-443-000386

CMS V THE PUBLIC TRUST HC AK CIV 2007-404-002018