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Charitable Trusts Act 1957

Incorporation of trust boards

20: Presumption of validity of acts of trustees, etc

You could also call this:

“Trustees' actions are usually considered okay, even if there were mistakes in how they were chosen”

If someone acts as a trustee for a board, or as a member of a committee or governing body of a society that forms a board, their actions are considered valid as long as they acted in good faith. This is true even if it’s later discovered that there was a problem with how they were appointed.

When someone signs something as a trustee or a member of a committee or governing body, their signature is usually enough to prove they hold that position. This is unless there’s evidence that shows otherwise.

This rule helps to protect the work of boards and committees, even if there are small mistakes in how people are appointed to these groups.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309938.

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Part 2 Incorporation of trust boards

20Presumption of validity of acts of trustees, etc

  1. All acts or deeds done or made by any person acting in good faith as one of the trustees who for the time being constitute a board, or as one of the committee or governing body for the time being of a society which constitutes a board, shall be valid notwithstanding any defect that may afterwards be found in his appointment; and the signature of any person purporting to act as one of those trustees or as a member of that committee or governing body shall, in the absence of proof to the contrary, be sufficient evidence of his being one of those trustees or a member of that committee or governing body, as the case may be.

Compare
  • 1908 No 164 s 12