sec.194When exercise of power of appointment valid

### sec.194 When exercise of power of appointment valid This section applies if— a document, other than a will, gives a person a power of appointment over property; and the power of appointment is exercised under— a deed; or a document under the Land Act 1994 ; or an instrument under the Land Title Act 1994 . The deed, document or instrument is validly executed for the purpose of the power of appointment if— for a deed—the deed is executed under part 6 ; or for a document under the Land Act 1994 —the document is executed under the Land Act 1994 ; or for an instrument under the Land Title Act 1994 —the instrument is executed under the Land Title Act 1994 . Subsection (2) applies even if the document giving the person the power of appointment requires the deed, instrument or document to be executed in another way. Subsection (2) does not affect either of the following requirements in a document, other than a will, giving a person a power of appointment over property— a requirement that the consent of another person be obtained for the power of appointment to be validly exercised; a requirement that an act, not related to the way in which a deed or other document is executed, be performed for the power of appointment to be validly exercised. Also, subsection (2) does not prevent a person from executing a document in writing in a way allowed under the power of appointment. (sec.194-ssec.1) This section applies if— a document, other than a will, gives a person a power of appointment over property; and the power of appointment is exercised under— a deed; or a document under the Land Act 1994 ; or an instrument under the Land Title Act 1994 . (sec.194-ssec.2) The deed, document or instrument is validly executed for the purpose of the power of appointment if— for a deed—the deed is executed under part 6 ; or for a document under the Land Act 1994 —the document is executed under the Land Act 1994 ; or for an instrument under the Land Title Act 1994 —the instrument is executed under the Land Title Act 1994 . (sec.194-ssec.3) Subsection (2) applies even if the document giving the person the power of appointment requires the deed, instrument or document to be executed in another way. (sec.194-ssec.4) Subsection (2) does not affect either of the following requirements in a document, other than a will, giving a person a power of appointment over property— a requirement that the consent of another person be obtained for the power of appointment to be validly exercised; a requirement that an act, not related to the way in which a deed or other document is executed, be performed for the power of appointment to be validly exercised. (sec.194-ssec.5) Also, subsection (2) does not prevent a person from executing a document in writing in a way allowed under the power of appointment. - (a) a document, other than a will, gives a person a power of appointment over property; and - (b) the power of appointment is exercised under— (i) a deed; or (ii) a document under the Land Act 1994 ; or (iii) an instrument under the Land Title Act 1994 . - (i) a deed; or - (ii) a document under the Land Act 1994 ; or - (iii) an instrument under the Land Title Act 1994 . - (i) a deed; or - (ii) a document under the Land Act 1994 ; or - (iii) an instrument under the Land Title Act 1994 . - (a) for a deed—the deed is executed under part 6 ; or - (b) for a document under the Land Act 1994 —the document is executed under the Land Act 1994 ; or - (c) for an instrument under the Land Title Act 1994 —the instrument is executed under the Land Title Act 1994 . - (a) a requirement that the consent of another person be obtained for the power of appointment to be validly exercised; - (b) a requirement that an act, not related to the way in which a deed or other document is executed, be performed for the power of appointment to be validly exercised.