Office of Hon Simon Power

MP for Rangitikei

Minister of Justice                                     Minister Responsible for the Law Commission
Minister for State Owned Enterprises           Associate Minister of Finance
Minister of Commerce                                Deputy Leader of the House

17 JUN 2009

Mr Malcolm Baker
42 Spencer Avenue
Hillview Court

Dear Mr Baker

Civil Court Case

Thank you for your emails of 8 and 10 April regarding your civil court case. The issues you raise in your emails are legal matters. As a Government Minister I am unable to provide you with legal advice. However, I can provide you with some information about property managers appointed under the Protection of Personal Property Rights Act 1988 (the Act) which may be helpful.

I understand from your emails that there is a court order which prevents you from taking proceedings without the permission of your appointed property manager. When a court appoints a property manager, it can also require that the property manager take part in any proceedings that relate to the property of the person who is subject to the property order. Rule 89(3) of the Family Court Rules 2002 make it clear that in such a case a person must take part in proceedings through a property manager and not in his or her own name.

In appointing a property manager, the court also chooses a date by which the manager must apply to the court for a review of the order. At the review, the court can discharge the property manager or extend the property order.

I suggest that you seek advice from a lawyer on what options are available to you. If the court has appointed a lawyer for you under section 65 of the Act but if you are unhappy with your lawyer, you may choose alternative representation. However, it must be clear to the Court that this will occur.

Yours sincerely


Hon Simon Power
Minister of Justice

Private Bag 18041, Parliament Buildings, Wellington 6160, New Zealand. Telephone 64 4 817 6803 Facsimile 64 4 817 6503


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