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Package includes:

On Demand Module  l  Electronic booklet  l  PowerPoint Presentation

Package Fee (incl GST)

  • $145 - NZLS members and Associate members
  • $195 - Non-members

Note: Access to the online files is via your "My CPD" page. If you would like to purchase multiple packages, please contact us here.

On Demand Module

Presentation time: 120 minutes
2
CPD HRS

This is a hugely rewarding area of practice, fast growing given New Zealand’s rapidly aging population. It is a constant, delicate dance between self-determination, best interests and managing the other parties involved, with often little more than the Guidelines to assist. There are a myriad of challenges for practitioners in the PPPR space, who have to get to grips with them at speed and under scrutiny from the wider family and the Court. This module is practically focused and designed to help you navigate the issues you come across on a daily basis.

The focus of this module is directed to those who represent subject persons, who are considering applying to do so, or who practise in the PPPR space and want to gain a wider perspective and tips and tricks for tackling their hard issues.

This module will include:

  • Expert guidance from an experienced lawyer for subject person and an experienced property manager
  • Discussion of the role of lawyer for subject person, including mandate and breadth of the role
  • Making contact with and representing the subject person
  • Discussion of supported vs substituted decision making and advocacy vs best interests
  • The responsibilities and how to deal with all parties involved, from lawyers for subject persons to welfare guardians, property managers, the court, and other interested persons
  • Discussion of relevant legislation and case law including some case studies
  • An extended time for questions to delve deeper into the daily aspects of this challenging area of law, allowing sharing of ideas, solutions, and perspectives.

Learning objectives

By completing this module you will have:

  • Better understanding of the role of lawyer for subject person.
  • Increased confidence in performing your role.
  • Increased practical knowledge on how to best assist your clients.
  • Gained strategies for progressing your case.
  • An opportunity to connect with peers by discussing ideas and solutions to everyday issues.

Electronic paper 

Authors: Theresa Donnelly, Alan Gluestein
Published: 11 May 2023
Pages: 114

Introduction

Practice in the PPPR space is a hugely rewarding area of practice. However, it is one where there isn’t a lot of guidance for practitioners (other than the Lawyer for Subject Person’s Guidelines – attached as Appendix A). It is a matter of adapting your personal practice to new and evolving situations. It is a constant, delicate dance between self-determination, best interests and managing the other parties’ involved.

At the time that it came into force, the Protection of Personal and Property Rights Act 1988 (the Act) was revolutionary and seen as innovative and rights-focused with an inquisitorial process.

Section 65 of the Act provided for the appointment of lawyers to represent persons subject to the Act (subject persons). The appointment was mandatory unless the court (or registrar) was satisfied that the subject person would engage or retain his or her own lawyer. This was a problematic provision in that a subject person’s own lawyer might be a bit wary about representing the subject person when the subject person’s capacity was in issue. Problematic jurisdictional issues can arise as a result. The presenters have been involved in cases where the lawyer for the subject person has come to the view that the subject person has capacity and that the court therefore does not have jurisdiction to make any orders under the Act.

PowerPoint Presentation

These are the slides included in the presentation.

DONNELLY Theresa GLUESTEIN Alan  
Theresa Donnelly
Perpetual Guardian
Auckland		 Alan Gluestein
Wyndham Chambers
Auckland		  

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