Question 1

What date does the statement need to be prepared for?

Accepted Answer

The date differs according to the type of report.
The property manager can apply to the court to have the annual anniversary date moved to a more suitable date such as the end of the financial year (31 March).

Question 2

Can the manager be paid for their services?

Accepted Answer

No, unless the property manager has obtained an order from the court authorising payment for their services. However, reimbursements for expenses can be claimed out of the protected person's assets.

Question 3

What if the manager does not pay Public Trust’s fees for the review?

Accepted Answer

Public Trust has a responsibility to report to the court on all aspects of the subject person’s finances. If an account is overdue from the previous year Public Trust will bring this to the attention of the court in the next report. The court may take action as per Sec 46 (6) of the PPPR Act.

Question 4

What does the property manager need to prepare to file?

Accepted Answer

There are three types of report the property manager needs to file:
the property statement (within 3 months of the commencement date of the order)

an annual statement (within 30 days of the annual anniversary of the date of the order)

and a final statement (within 30 days of the end of the order).

These reports must cover management of all assets and liabilities, including a summary of receipts and payments made.

Question 5

How to format and submit documents to Public Trust if required

Accepted Answer

Please email your supporting documents to Public Trust privatemanager@publictrust.co.nz. Public Trust no longer has physical files and all documents get scanned and destroyed so please do not send original documents.
Please note that we can only receive emails with a size up to 40MB. If your document is larger than that you can send the documents in a smaller batch or ZIP file.

Question 6

What is the timeframe for examination?

Accepted Answer

Public Trust aims to submit completed examinations to the court within 3 months of receiving them from the court (subject to conditions being met). Should Public Trust require further information/clarification from the manager, the manager has 30 days to respond.

Question 7

Can Public Trust provide advice and guidance about the property order?

Accepted Answer

No. Public Trust's role is to undertake the examination on behalf of the Court. For advice and guidance, please contact your legal representative or your local court.

Question 8

Does the manager need to disclose their position?

Accepted Answer

Yes. As the protected person’s property manager, you need to disclose your position to anyone you are dealing with before entering into any contract or arrangement on behalf of the protected person.

Question 9

What if a manager has doubts on the requirements?

Accepted Answer

The manager should apply to the Court for further guidance in relation to the manager’s powers and duties, such as the requirements when selling a property.

Question 10

What does a review cost?

Accepted Answer

The current cost of Public Trust's examination is outlined in the PPPR Act, (Section 46 (6) and Regulation 6(1)) and set at $247.27 per hour from 3 October 2024.including GST) per hour on a time in attendance basis. Public Trust invoices as the examination progresses. The PPPR Act confirms that Public Trust's costs are to be paid out of the property of the protected person.Click here for more information about new regulations relating to cost.

Question 11

Can gifting be undertaken?

Accepted Answer

Yes, up to a total sum of $5,000 per annum. Amounts above this will require Court consent. Note: some property orders do have restrictions to gifting. Please check to ensure you do not have a restriction. Please be aware that there is a variance between the PPPR act authorised gifting and that of the WINZ regulations.

Question 12

Can the manager loan money to themselves or a third party from the assets of the subject person?

Accepted Answer

The manager should seek direction and consent from the court for loans from the assets of a subject person. Loans should be formulated in a proper document such as an acknowledgement of debt. Contact your legal representative for more information about this.

Question 13

What is considered ‘property’?

Accepted Answer

As described in the PPPR Act, property means “any real or personal property, and includes any interest in any property, and also includes any money, any business or undertaking, and any right or power exercisable in respect of any property”.

Question 14

Can the manager buy or sell assets on behalf of the protected person?

Accepted Answer

Yes. Anything above the specified sum ($120,000 - Schedule 1(3)) in the court order will require Court consent (Section 38 of PPPR Act). Contact your legal representative for more information about this.

Question 15

Can money or other assets received from an estate or through gifting be paid directly into a trust?

Accepted Answer

"As an interest received from an estate or through gifting is considered a personal asset, such money or assets should firstly settle in the individual’s name and then by consent of the court (Sec 38).
The court can authorise the money or assets to be transferred to a trust for the benefit of the subject person. Such consent can be obtained from court proper to receive such money or assets. Contact your legal representative for more information about this.

Question 16

Is there any further information I should know?

Accepted Answer

Your main resource page will be: https://www.publictrust.co.nz/products-and-services/enduring-power-of-attorney/managing-someones-affairs/
For further information in relation to the Act or responsibilities as a property manager, please contact your local court.
For further information in relation to the examination, please contact Public Trust at PrivateManager@publictrust.co.nz or phone 0800 371 471.

Question 17

Can Public Trust provide any examples or templates?

Accepted Answer

Property statement
Annual statement
Final statement
Types of supporting documentation

Question 18

What if the manager chooses not to comply?

Accepted Answer

If a property manager chooses not to provide supporting documents or further information as required within the 30-day period, Public Trust may issue an examination based on information to hand, which can lead to the court following up with the manager.
If statements are not filed annually or in accordance with the Protection of Personal and Property Rights Act, the court can choose to take action under the Act.

Question 19

Does the statement submitted to the Court need to be examined by Public Trust?

Accepted Answer

All statements must be examined by Public Trust unless a corporate trustee is the property manager.

Question 20

Who do property managers file their statements with?

Accepted Answer

Property managers are court-appointed and therefore file statements directly with the court and not Public Trust.

Question 21

Can the statement be prepared professionally?

Accepted Answer

Yes. A fee can be paid to a professional for their work preparing the statement – as long as they are not the property manager. When prepared professionally, Public Trust will still be required to examine the statement with supporting documents.

Question 22

Why is Public Trust involved in Property management?

Accepted Answer

The Family Court engages Public Trust to examine statements on its behalf. This is set out in section 46 of the Protection of Personal and Property Rights Act 1988.
Public Trust provides an opinion to the Court on the accuracy of the statements submitted to the Court.
Public Trust provides an opinion based on fact and cannot pass judgement on any transactions but from time to time can highlight transactions to the Court that may need further attention.

Question 23

What is the asset & income thresholds for a Section 31 order?

Accepted Answer

For a Section 31 order to be granted the subject persons total assets will exceed $ 25,000 and/or total income exceeding $38,800 during an annual period.

Question 24

What is a Section 11 order?

Accepted Answer

A section 11 order is an order to Administer and does not require a review and report by Public Trust. Section 11 orders apply to subject people with total assets valued less than $25,000 and/or income less than $38 800 per annual period (to 31 March 2025), to be increase to incrementally over 5 years to $ 45,000.
Protection of Personal and Property Rights Order 2024 (SL 2024/185) Contents – New Zealand Legislation

Question 25

The subject person has passed away, how does the manager obtain the support documents?

Accepted Answer

The estate executor or trustee will be able to access the bank statements and other supporting documents as soon as probate was granted. Please refer Public Trust’s letter to the estate executor or trustee to assist you with obtaining the support documents requested. Please inform Public Trust if you are unable to obtain the documents and when you expect probate to be granted, and we can provide you with an extension to provide supporting documents.

Question 26

The subject person passed away and the manager doesn’t have access to the bank account and can’t pay the invoice - what now?

Accepted Answer

Please send a copy of the outstanding invoice to the Estate Executor or trustee, they will arrange payment as soon as probate was granted. Please inform Public Trust that the invoice was forwarded to the executor and provide us with their contact details.

Question 27

The appointed property manager can no longer be the manager, what is the options?

Accepted Answer

Please contact the court to discuss options and assist with the process to be discharged as property manager. Public Trust could possibly take over the appointment as manager subject to Public Trust granting consent. Please contact our PPPR team at publictrustppprteam@publictrust.co.nz for more information.

Question 28

I can't afford to pay the invoice. What should I do?

Accepted Answer

Just reach out to us at payments@publictrust.co.nz, and we'll work together to set up a payment plan that works for you.

Question 29

I’ve received Public Trust’s invoice, but the protected person has passed away. What now?

Accepted Answer

We're sorry for your loss. Please send a copy of the outstanding invoice to the estate executor or trustee who can arrange payment once probate has been granted. Let Public Trust know that the invoice has been forwarded to the executor or trustee and provide us with their contact details.

Question 30

What is my ‘court order date’?

Accepted Answer

This is the date you became the property manager. On the court order, it is the ‘order date’ and not the ‘sealed date’. The court order date is used as the anniversary and the starting and end of financial period to be covered by property manager statements.

Question 31

What can I do to help Public Trust review my property statements in an effective and timely manner?

Accepted Answer

Make sure your statements cover the correct period – for your first it’s a one-day statement as at your court order date, thereafter annual statements will cover the 12-month period from your court order date, and your final statement will cover the time passed since your last annual statement.

Ensure bank statements are free of any writing or notes.

Ensure you provide the right supporting documentation by using this helpful checklist of required supporting documents.

Quantify the total annual income and expenditure. For example, if a protected person pays a regular monthly bill of $100, then include this as [bill name] $1,200 ($100 x 12 payments).

Reduce the number of internal transfers between accounts or holding multiple bank accounts. Keeping the financial management of the protect person’s assets as simple as possible will help to reduce the review time.

Question 32

How much does the property statement examination cost?

Accepted Answer

The Act requires that the costs for these examinations are covered by the assets of the protected person and the fees are set at an hourly rate of $247.27 (including GST).

Question 33

What if the date the statement is due doesn’t work for some reason?

Accepted Answer

The property manager can apply to the court to have the annual anniversary date moved to a more suitable date, for example the end of the tax year (31 March).

Question 34

What if an appointed property manager can no longer fulfil the role?

Accepted Answer

They must contact the court, who can help with the discharge process.

Question 35

What if a property manager is unsure about the expectations or requirements of the role?

Accepted Answer

They must contact the court for guidance about a property managers’ powers and duties, for example the requirements when selling a property, gifting or declaring your position
Please note that Public Trust cannot provide advice and guidance about a property order. Our role is to undertake the financial statements examination on behalf of the court.

Question 36

What if the property manager advises that the protected person can’t afford to pay the invoice?

Accepted Answer

Reach out to us at payments@publictrust.co.nz, and we'll work together to set up a payment plan that works for you.

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