The PPPR Act is the Protection of Personal and Property Rights Act 1988, Aotearoa New Zealand’s main law for supporting adults who cannot make or communicate decisions about their own care, welfare, or property.
The PPPR Act allows the Family Court to step in and appoint people to make decisions on behalf of an adult who has impaired decision‑making capacity due to disability, illness, injury, or age.
It aims to:
- Protect a person’s rights and wellbeing
- Support autonomy as much as possible
- Provide decision‑making only where needed
- Ensure decisions are made in the person’s best interests
Roles of Property Manager & Property Administrator
A Property Manager or Property Administrator is appointed by the Family Court to look after a person’s money, bills, bank accounts, and property, making sure their financial affairs are managed safely and in their best interests
The main difference between a Property Manager and a Property Administrator under the Protection of Personal and Property Rights Act (PPPR Act) is the value of the subject person’s property and income:
Property administrator
Appointed when the subject person’s property is less than $25,000 and their income or benefit is less than $40,000 per year. They do not have to report to the Court so many people prefer to take on this role.
Property manager
Appointed when the subject person’s property or income is worth more than the amounts above, unless the subject person is in residential care and money is going directly to the residential provider.
Both roles handle:
- money
- bills
- bank accounts
- property and assets
Obligations vary for the two roles.
A Property Manager’s role under the PPPR Act is to manage the property and finances of the subject person, including income and government benefits. They are not responsible for managing property or finances of any property in owned by a Trust or individualised funding.
A property manager is appointed by a Family Court Judge and is usually a family member, friend, or trustee company. The property manager’s initial appointment is usually for three years, and to continue past this date it will need to be reviewed by the Judge. If the property manager does not request a review, the property manager order will expire and they will no longer be able to act on behalf of the subject person.
A property manager is responsible for acting in the subject person’s best interests, engaging in supported decision-making, and consulting with them and other organisations. Property managers are accountable to the Family Court and must prepare statements of assets and liabilities. There is also a limitation on what they can do. They do not have the ability to engage in sales, gifts and purchases in excess of $120,000 without the permission of the Court.
A property manager can also apply to the Court to make a will for the subject person. They have to provide a draft will for the Court and the judge will decide if it is appropriate.
One or two people can be appointed as a Property Manager, and they are able to charge ‘reasonable costs’ for managing the assets. Under general civil law and contract law the test of what is considered ‘reasonable’ means taking actions that a reasonable person would take in the same circumstances.
The property manager is required to file:
- An initial application: This document outlines the need for the appointment, the circumstances of the person, and the proposed administrator’s qualifications.
- Annual Statements: These statements detail the financial transactions conducted on behalf of the individual under administration, including income, expenditures, and the current status of assets. This ensures transparency and accountability, allowing the court to monitor the actions of the administrator and protect the interests of the individual.
- Changes in Circumstances: If there are significant changes in the individual’s circumstances or the administrator’s management of the property, the administrator may be required to file additional statements or reports with the court. This could include changes in the individual’s health, significant financial changes, or any concerns raised about the administrator’s conduct.
- Final Accounts: Upon the termination of the property administration (e.g., if the individual regains capacity or passes away), the administrator may need to file a final account with the court. This account summarises all transactions made during the administration period and provides a comprehensive overview of how the individual’s property has been managed.
A property manager’s responsibilities include:
- Acting in the subject person’s best interests
The person appointed to this role is responsible for acting in the subject person’s best interests and can be removed from the role if they fail to do so. - Consulting with the subject person and other organisations
This includes consulting with the subject person on property matters and ensuring they participate in the decision-making process, and initiating or following up on matters that affect the subject person. - Financial management
Developing and implementing a financial management plan, ensuring the subject person receives all income and benefits, and creating a budget. - Record keeping
Maintaining clear and accurate records of all actions taken on the subject person’s behalf. - Reporting
Providing a report within 3 months of the appointment being made, and providing an annual statement of management to the Family Court. - Protection
Safeguarding the subject person’s property and financial affairs by ensuring no actions are taken without the court’s permission, thus preventing undue influence or exploitation. This includes preventing unauthorised debt enforcement, property transactions, or tenancy determinations.
A Property Administrator is a person appointed by a Family Court Judge to manage the property of the subject person when the subject person’s property is less than $25,000 and their income or benefit is less than $40,000 per year. The income threshold increases each year on 1 April and will increase again on 1 April 2026.
The appointment is usually for up to three years. Only one person can be appointed a Property Administrator.
Responsibilities
A Property Administrator makes decisions for the subject person regarding their property, such as bank accounts. They are required to develop and implement a financial management plan, which includes creating a budget, ensuring the subject person receives all entitlements, and maintaining accurate records.
Appointment
A property administrator is appointed when the subject person’s property is worth less than $25,000 or their annual income or benefit is less than $40,000. If the property or income is higher, an applicant would apply to be appointed as a property manager.
Reporting
Property administrators have no reporting responsibilities under the PPPR Act but they must still keep good records in case they are checked when if they were to apply for review.
Specific Responsibilities
A property administrator appointed under the Act has a number of responsibilities, including:
Managing the subject person’s property
The property administrator is responsible for managing the property of someone who is unable to make decisions for themselves. This includes making decisions about the subject person’s income and government benefits.
Developing a financial management plan
The property administrator must develop a plan to ensure the subject person’s finances are administered responsibly and effectively. This includes creating a budget and ensuring the subject person receives all their entitlements.
Consulting with the subject person
The property administrator must engage in supported decision-making with the subject person whenever possible. They should also encourage the subject person to manage their own property affairs.
Supporting the subject person’s interests
The Property Administrator must also act in the subject person’s best interests and support them to use any skills they have to manage their own property.