HELD AT TAURANGA PPPR/070-13/95
REPORT OF COUNSEL APPOINTED PURSUANT TO SECTION 65
1 This is an application for a order that NZ Guardian Trust be reappointed as manager of the affairs of the subject person. Normally it would be dealt with by way of review but due to administrative error the application for review was not filed until after the previous order had expired.
2. The writer has been appointed as counsel for Mr Baker in the previous two orders made in 1999 and 2003 respectively and is well aware of the background.
The subject person
3. Malcolm Baker is now aged 51 years. He appears physically fit and lives quite happily in the community. He resides alone in his home at 42 Spencer Avenue, Maketu which was left to him by his mother. The home has previously been a very attractive homestead with well laid out gardens but it has now had many years of neglect and is overrun. It is kept weatherproof.
4. Malcolm has been dignosed with chronic schizophrenia, but he is quite able to live in the community and does so on a regular basis.
5.As far as property is concerned, his major failing has been linked to his schizophrenic condition. He believes that he has invented various software and computer systems such as Microsoft, Sun, Java and has sent email letters to numerous corporates in New Zealand and overseas demanding payment for royalties that they owe him.
This of itself has not caused any problems but also when for example his power bill or telephone bill or rates or credit card have been overdue he has refused to pay them on the basis that the authority concerned has never paid him royalties for use of the various systems. At the time of the first order there was a threat of selling up his house for unpaid rates, and one bank which had issued him with a credit card was taking steps to recover the debt, possibly bankrupt him and possibly then he would then lose the house. The managership order at the time resolved matters.
Property
6. As mentioned, Malcolm has the former family home at Maketu. It has a government valuation of $399,000. It is nicely placed at Maketu on an escarpment looking over the lowlands to the sea. It originally had attractive gardens but has fallen into disrepair.
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Although the house is sound it would need an extremely large amount of money to restore it. It does provide a safe base for Malcolm.
7. In addition, Malcolm inherited approximately $160,000 from an aunt in 1999. This inheritance has always been looked after by NZ Guardian Trust and is now down to approximately $81,000.
8. I have been through the Guardian Trust's most recent accounts and Malcolm's income situation can be described as follows:
(a) Income from investments $5,575.46
(b) Benefit 10,268.76
(c) Tax refund 776.68 $16,620.90
less tax etc at source 1,555.79
Total $15,065.11
9. His annual expenses were:
(a) Plumbing repairs $209.61
(b) Rates $1,812.06
(c) Insurances (motorcycle, motor vehicle
house and contents 970.48
(d) Medical and dental expenses 1,593.00
(e) Telephone and tolls 828.37
(f) Electricity 2,261.10
(g) Motor vehicle expenses 689.12
(h) Sundry payments (vet, traffic fine etc.) 1,138.10
(i) Sundry disbursments 100.00
(j) weekly payments to Malcolm 79.50 $1,240.96
10. NZGT's fees on all matters amount to $4,648.39 inclusive of GST.
11. Malcolm's affairs run at a cash-negative basis during the year. His net income is $16,802.90 and his expenditure (including $79.50 paid to him by the manager) comes to $19,107.63, leaving a deficit of $2,304.73. In addition NZGT's fees are $4,648.39 (inclusive of GST) leaving a total deficit of slightly under $7.000. I have checked all the payments made by NZGT and they are for legitimate items of expenditure to Malcolm.
The Manager
12 NZGT has again applied to be manager and they have looked after the affairs for some years. Malcolm is concerned more at their refusal to release money to him than the range of fees. The only other person who could possible be manager would be his sister who is living in Australia. She has telephoned me and she is concerned about Malcolm's wellbeing but is not in a position to be manager. A family member has tried in teh past but no-one is prepared to take the task.
Malcolm's views.
13. In my most recent discussions with him this attitude does not have seemed to have changed. When I asked him his attitude to the property order he stated that he wished to sue the Police in respect of the compulsory order made in 1992 against him under the Mental Health (Compulsory Assessment and Treatment) Act 1992. He did in
1993 approach Cooney Lees and Morgan who acted for him on that but it appears not to have been taken any further. He also stated that he would like funds to visit a girl in Europe who he hoped might become his fiancè. I note that the same request was made at the hearing in 2003 ** proposed partner was in the United States. These are matters that the manager can evaluate.
14. It appears in order for the application to be granted in the form sought.
JD Patterson
(Counsel appointed pursuant to s.65)
Date: