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Charitable Trusts Act 1957

Vesting of property

4: Evidence of appointment of trustees

You could also call this:

“How to prove new trustees have been chosen and what they're responsible for”

When new trustees are appointed, it’s important to keep a record of who they are and what property they’re responsible for. Here’s how this is done:

You need to write down the appointment in a special note. The person in charge of the meeting where the new trustees were chosen must write this note. They can write it during the meeting or afterwards, but two or more people need to watch them sign it to make sure it’s real.

This note can look like the one shown in Schedule 1 of this law, or something similar. You can use this note as proof in court if you need to, just like you would use other official documents.

If the trustees are going to be in charge of land, you need to do one more thing. You must give a copy of the note to the Registrar-General of Land. The new trustees can’t start their job of looking after the land until the Registrar-General of Land says the note is okay.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309915.

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3: Property to vest in trustees or their successors, or

"Property goes to new trustees without extra paperwork"

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5: Transfer of properties, or

"Property held for a group can be given to new trustees or the group itself"

Part 1 Vesting of property

4Evidence of appointment of trustees

  1. For the purpose of preserving evidence of every appointment of new trustees to which section 3 applies and of the persons in whom any estate or interest in property from time to time becomes legally vested, every such appointment shall be made to appear by a memorandum under the hand of the chairman for the time being of the meeting at which the appointment was made, and shall be executed either in the presence of that meeting or at any time after that meeting, and attested by 2 or more witnesses.

  2. Any such memorandum may be in the form or to the effect of Schedule 1, or as near thereto as circumstances will allow, and may be given and shall be received as evidence in all courts and proceedings in the same manner and on the like proof as deeds, and shall be evidence of the truth of the several matters therein stated.

  3. Every memorandum made under this section of an appointment of new trustees must, if it affects land under the Land Transfer Act 2017, be lodged with the Registrar-General of Land; and, as regards that land, the appointment has no operative effect until the memorandum or a copy of it has been certified by the Registrar-General of Land.

Compare
  • 1908 No 164 s 3
Notes
  • Section 4(3): replaced, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).