2026 Legal Pathway Brief - PPPR Act EPA Disputes and Capacity

The Protection of Personal and Property Rights Act 1988 (PPPR Act) is New Zealand's primary legislation governing legal decision-making for adults who lack mental capacity. It establishes the legal framework for: - Welfare guardians — people appointed to make personal and welfare decisions - Property managers — people appointed to manage financial affairs - Enduring Powers of Attorney (EPAs) — the statutory basis for EPAs - Family Court jurisdiction — court oversight and dispute resolution - Capacity assessment standards — the legal test for mental capacity The PPPR Act is guided by several fundamental principles (section 5): The Act requires the court to consider a person's cultural background, including tikanga Māori concepts such as whānau decision-making and kaumātua status. This is particularly relevant for: - Māori older adults where whānau collective decision-making may conflict with individual EPA structures - Pacific older adults where familial and community obligations shape care decisions - The growing recognition of culturally appropriate capacity assessment tools (e.g., the MANA tool for Māori) A property manager is appointed when a person lacks capacity to manage their own financial affairs AND either: - Their annual income exceeds $40,000; or - Their property/assets are worth more than $25,000 If below both thresholds, the court may decide no formal property manager is needed. The Family Court has broad jurisdiction u