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Oranga Tamariki Act 1989

Children and young persons in care of chief executive or other persons or bodies - Financial matters

392: Manager may be appointed under Protection of Personal and Property Rights Act 1988 to manage property of children and young persons subject to guardianship or custody order

You could also call this:

"A court can appoint someone to manage a child's property if they can't do it themselves."

Illustration for Oranga Tamariki Act 1989

If you are a child or young person under a guardianship or custody order, the Family Court can appoint a manager to look after your property. This manager will be appointed under the Protection of Personal and Property Rights Act 1988, which is a law that helps people who cannot manage their own affairs. The manager will make decisions about your property, and the law will apply in the same way as it does for other people who need help managing their property.

You will be considered unable to manage your own property affairs, so the court will appoint someone to do it for you. The court uses Part 3 of the Protection of Personal and Property Rights Act 1988 to make this decision, and you can read more about this law on the New Zealand legislation website. The law says that you lack the competence to manage your own affairs in relation to your property, which is why the court appoints a manager to help you.

The manager's role is to make decisions about your property, and they will do this according to the rules set out in the Protection of Personal and Property Rights Act 1988, particularly section 25 of that Act.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM154534.

Topics:
Family and relationships > Children and parentingFamily and relationships > Adoption and guardianshipCrime and justice > Courts and legal help
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Part 7Children and young persons in care of chief executive or other persons or bodies
Financial matters

392Manager may be appointed under Protection of Personal and Property Rights Act 1988 to manage property of children and young persons subject to guardianship or custody order

  1. The Family Court shall have jurisdiction under Part 3 of the Protection of Personal and Property Rights Act 1988 to appoint a manager in respect of the property, or any specified part of the property, of any child or young person to whom this section applies, and the provisions of that Act shall apply accordingly.

  2. For the purposes of section 25 of the Protection of Personal and Property Rights Act 1988, a child or young person to whom this section applies shall be deemed to lack the competence to manage their own affairs in relation to their property.

Compare
  • 1974 No 72 s 52
Notes
  • Section 392(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 392(2): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).