Page 1899 - Week 07 - Wednesday, 22 August 2007

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Schedules of amendments

Schedule 1

Guardianship and Management of Property Amendment Bill 2005

Amendments moved by the Attorney-General

Clause 4

Proposed new section 8AA (1A)

Page 2, line 22—

insert

(1A) However, the tribunal must not consider an application under subsection (1) in relation to a person if—

(a) the public trustee has made an application to the Supreme Court to be appointed the manager of the person’s property under the Public Trustee Act 1985, section 34 (Application for appointment as manager of property) and the application has not been finally dealt with; or

(b) the Supreme Court has appointed the public trustee manager of the person’s property under that Act, section 34 (2).

Clause 4

Proposed new section 8AA (4) and (5)

Page 3, line 23—

omit proposed new section 8AA (4) and (5), substitute

(4) An application under subsection (1), or an appointment under subsection (3), does not prevent the public trustee making an application under the Public Trustee Act 1985, section 34 in relation to the property to which the application or appointment relates.

(5) The Legislation Act, part 19.3 (Appointments) does not apply to an appointment under subsection (3).

Clause 4

Proposed new sections 8AB and 8AC

Page 4, line 5—

insert

8AB Missing people’s property—who may apply for appointment of manager?

An application for the appointment of a manager for a person under section 8AA may be made by any of the following:

(a) a domestic partner of the person;

(b) a relative of the person;

(d) the Attorney-General;

(e) the public trustee;

(f) the public advocate;

(g) anyone else who has an interest in the property of the person.

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