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Tierney v Dijkstra [2019] NZFC 1170

Published 13 December 2023

Results decision — removal of power of attorney — property attorney — refund of donor's money — welfare guardian — Public Trust — Protection of Personal and Property Rights Act 1988, ss 103 & 105. This was a results decision in relation to a number of applications before the Court, with a reasons judgment to follow. The applications were: an application for the appointment of the applicant as a welfare guardian; an application to review the actions of the respondent as attorney; an application for the removal of the respondent as property attorney and his wife as welfare attorney; and an application for the appointment of the Public Trust as property manager. The Judge was satisfied that the actions of the respondent were outside the scope of the power of attorney granted to him. The Judge made an order that the respondent refund the subject person $136,766.3. The Judge also ordered the respondent and his wife were to be removed as property and welfare attorneys respectively; and that the Public Trust was to be appointed as property manager for the subject person. With regards to the welfare guardian application, the Judge raised concerns about further potential litigation. By agreement, the Judge made an amended personal order, with the welfare guardianship application to be considered at a later date. Note: leave granted under Family Court Act 1980, s 11B(3) for publication of this decision in its original form. Judgment Date: 18 February 2019.