Lawyers and Conveyancers Act 2006

Miscellaneous provisions - Unclaimed money in trust account

337: Unclaimed money in trust account

You could also call this:

"What happens to money in a trust account if the owner can't be found"

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You have money in a trust account with a lawyer or law firm. This money is held for you, but if you cannot be found, it can be paid to the Commissioner of Inland Revenue. The person holding the money is then not responsible for it. You might have paid money to a Standards Committee or the New Zealand Law Society under section 164(2). If so, and the committee or society still holds the money, it can be paid to the Commissioner of Inland Revenue. The money is then considered unclaimed and section 11 of the Unclaimed Money Act 1971 applies. If someone pays money to the Commissioner of Inland Revenue, they might be asked for information about who owns the money. They must give this information if asked, and they must tell the truth. If they do not give the information or give false information, they can be fined up to $25,000.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM367828.

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Part 11Miscellaneous provisions
Unclaimed money in trust account

337Unclaimed money in trust account

  1. This section applies to—

  2. money that is held in a regulated trust account by a lawyer or incorporated law firm:
    1. money that—
      1. has been paid, under section 164(2), to a Standards Committee or the New Zealand Law Society or the New Zealand Society of Conveyancers; and
        1. is still held by the committee or society to which it was so paid.
        2. Where any money to which this section applies is held on behalf of a person who cannot be found and has no known agent with the authority to receive the money, the person by whom the money is held may, if that person thinks fit, pay the money to the Commissioner of Inland Revenue and send to the Commissioner particulars of the payment and of the person on whose behalf the money was held; and the person by whom the money was held is thereupon relieved from all further liability in respect of the money so paid.

        3. All money paid to the Commissioner of Inland Revenue under this section is to be deemed to have been so paid as unclaimed money, and section 11 of the Unclaimed Money Act 1971 is to apply to it.

        4. Where a person has paid any money to the Commissioner of Inland Revenue under this section, the Commissioner may at any time require that person or any other person to give to the Commissioner all such information as the Commissioner may require in relation to the ownership of the money, including information as to the steps taken to trace the person on whose behalf the money was held.

        5. Every person commits an offence against this Act and is liable on conviction to a fine not exceeding $25,000 who refuses or wilfully neglects to give any such information that is in that person's possession or control when so required, or wilfully gives any false information in answer to any such requisition.

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        Notes
        • Section 337(5): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).