[1]    This is an application under the Protection of Personal and Property Rights Act 1988 in relation to Malcolm Baker. Today Mr Baker is present in Court and has been able to talk to me about his concerns. He is concerned that he is able to access his funds so that he can have a girlfriend form Europe come out to New Zealand so he can meet her face to face to enable him to make some decisions about his future.

[2]   Mr Patterson who represents Mr Baker, has also filed a report which sets out other concerns that Mr Baker has and they are listed on page 3 of his report. One of the concerns that has been raised byMr Baker was that he was under the impression that the Police were representing him as being under a compulsory treatment order under the Mental Health Compulsory Assessment and Treatment 1992. There has been some discussion about that today and certainly there is nothing before the Court in that regard. He is not under any status of the Mental Health Act.

[3]   The report by Mr Patterson also sets out the background of the situation, the property of Mr Baker and also the expenses and recent accounts. The applicant today is the NZ Guardian Trust Company Ltd. The Guardian Trust today is represented by Mr Collins, Ms Lellman is also representing Mr Collins as the applicant.

[4]   Mr Baker has worked worked with Mr Collins before and he advises me that Mr Collins has been in the position where he is able to assist in paying bills such as his rates. They also have had a discussions before about what iis appropriate expenditure and that has usually been worked out between them with sometimes Mr Collins advising that it is either appropriate or not appropriate.

[5]   Ms Lellman has filed the application and has provided me with a draft order for appointment of manager.

[6]    Today Mr Baker has been able to talk to me quite convincingly about his situation and I appreiate the fact he has come along and spoken to me. However, I also think for his benefit this matter does not need to drag on. The order has expired and it needs to be renewed.

[7]   During the time that the order was e pired, Mr Baker has made a will, which needs to be looked at. As part of the draft order, the manager shall make enquiry as to the existance of any testamentary disposition made by Mr Baker and shall report to the Court by 1 December 2007. No doubt Mr Baker will have a talk with Mr Collins about the will and what it says and that can be considered and reported back.

[8]   I have perused the file and at this point I consider there is jurisdiction. I understand that Mr Baker is quite capable of making decisions on a number of matters. Guardian Trust is ready to assist him in making sure the day to day running of his life is well attended to in terms of paying bills and also assisting him with his financial investments.

[9]   Accordingly, it iss appropriate for teh draft order to be made. I note that it is not in relation to selling his property but just a basic order which looks at the schedule specified in Clause 1(a), (b), (c), (d), (r), (s) and (y). Accordingly that order is made. There will be a review no later than 28 August 2010.

Judge Annis E Somerville                              




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