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11 March 2025
Clampett Trust
[FYI request #29680 email]
Ref: OIA 119390
Tēnā koe Clampett Trust
Official Information Act request: Enduring power of attorney data
I refer to your email of 4 January 2025 to Health New Zealand (Health NZ), requesting
information about revocations of enduring power of attorney, under the Official Information Act
1982 (the Act). On 13 February 2025, Health NZ transferred the following parts of your request
to the Ministry of Justice (the Ministry) for response under section 14(b)(ii) of the Act:
2. How many cases of removal of enduring power of attorney through the family
court has occurred in the last 4 years by Health NZ?
3. How many of those cases were considered 'vulnerable people'?
4. How many revocations of enduring power of attorney through the family court
have been overturned
On 19 February 2025, the Ministry contacted you to clarify your request. As we did not hear
back, we are responding to you based on the information we can provide.
As advised in our email dated 19 February 2025 regarding parts 2 and 4 of your request,
information on how many revocations of enduring power of attorney involved Health NZ is
considered court information. Therefore, we are not able to provide you with that level of detail
as the Ministry does not hold it and courts are not subject to the Act under section 2(6)(a).
However, we can provide you with more general information on the number of granted
applications to revoke an appointment of power of attorney and the number of appeals that
resulted in these application outcomes being overturned.
In response to question 2, please find attached Table 1, which provides the number of granted
applications to revoke an appointment of power of attorney under section 105 of the Protection
of Personal and Property Rights Act 1988, broken down by year, from 1 January 2020 to 31
December 2024.
In response to question 3, the Ministry does not hold information on the number of granted
applications to revoke an appointment of power of attorney that involved ‘vulnerable people’.
This information may be held by the Court which is excluded from the Act under section
2(6)(a). Therefore, this part of your request is refused under section 18(g)(i) of the Act as the
Ministry does not hold the information you have requested, and there are no grounds for
believing it is held by another agency subject to the Act.
In response to question 4, based on the Case Management System used by the Courts as of
28 February 2025, there were no appeals filed from 1 January 2020 to 31 December 2024 in
respect of applications granted to revoke an appointment of Power of Attorney under section
105 of the Protection of Personal and Property Rights Act 1988.
Please note that this response, with your personal details removed, may be published on the
Ministry website at:
Official Information Act responses | New Zealand Ministry of Justice
If you require any further information, please contact Media & Social Media Manager Joe
Locke at [email address]
If you are not satisfied with this response, you have the right to make a complaint to the
Ombudsman under section 28(3) of the Act. The Office of the Ombudsman may be contacted
by email to [email address] or by phone on 0800 802 602.
Nāku noa, nā
Jacquelyn Shannon
Group Manager, Courts and Tribunals, Regional Service Delivery
Table 1: Number of granted applications to Revoke an Appointment of Power of Attorney under section 105 of the Protection of
Personal and Property Rights Act 1988, by year, from 1 January 2020 to 31 December 2024
ACT 1982
2020
2021
2022
2023
2024
Number of granted applications
5
8
5
7
10
Notes for Table 1:
•
This data may differ from previously released or published data. This data was extracted from the Case Management System used by the Courts on
28 February 2025.
•
This data shows the calendar year the application to revoke an appointment of power of attorney was granted. This may not be the same calendar
year the application was filed.
INFORMATION
RELEASED UNDER THE OFFICIAL
