Family Proceedings Act 1980

Procedure

156: Service on disabled person

You could also call this:

"What happens if someone takes you to court and you need help managing your affairs"

Illustration for Family Proceedings Act 1980

If someone is applying for an order against you under the Family Proceedings Act 1980, and you have a manager or Public Trust looking after your estate under the Protection of Personal and Property Rights Act 1988, the person applying will serve notice on Public Trust or your manager instead of you. Public Trust or your manager will then represent you in the proceedings. They will pay any money ordered to be paid out of your estate, taking into account any other debts you may have. You can find more information about the Protection of Personal and Property Rights Act 1988 at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM126527. This means that Public Trust or your manager will make decisions on your behalf in the court case, and they will make sure any orders made by the court are followed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM41824.


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Part 9Procedure

156Service on disabled person

  1. Where a person against whom an order is sought under this Act (other than an order under Part 4) is a person whose estate is being administered by Public Trust under the Protection of Personal and Property Rights Act 1988, or in respect of whose estate there is a manager appointed under the Protection of Personal and Property Rights Act 1988, notice of the application under this Act shall be served on Public Trust or the manager, as the case may be, instead of on the respondent, and Public Trust or the manager shall then represent and act for the respondent, in all the proceedings under this Act, and the like proceedings may be taken and the like order made as if the estate of the respondent were not being administered by Public Trust, or, as the case may be, there were no manager of that person's estate and that person had been duly served with notice of the application.

  2. All money payable under any order so made shall be paid by Public Trust or the manager, as the case may be, out of the estate of the respondent according to the tenor of the order, subject to all other debts and liabilities of the respondent so far as Public Trust or the manager, as the case may be, has notice of them.

Compare
  • 1968 No 62 s 118
Notes
  • Section 156(1): amended, on , by section 170(1) of the Public Trust Act 2001 (2001 No 100).
  • Section 156(1): amended, on , pursuant to section 113 of the Protection of Personal and Property Rights Act 1988 (1988 No 4).
  • Section 156(2): amended, on , by section 170(1) of the Public Trust Act 2001 (2001 No 100).