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Contract and Commercial Law Act 2017

Contracts legislation - Minors’ contracts - Entering into contract with District Court’s approval

101: Contracts relating to property held on trust

You could also call this:

“Rules for making deals about things held in trust”

If you want to make a contract about property that is held in a trust, you need to know some important things. The District Court can’t approve this kind of contract under section 98. This is because there are special rules for trust property.

Instead of going to the District Court, you might need to use different parts of the law. These are called sections 124, 125, or 130 of the Trusts Act 2019. These sections are about changing trusts or giving trustees more power to deal with property.

The District Court will look at your situation and decide if one of these other sections would be better for what you want to do. If they think it would be better to use one of these other sections, they won’t approve your contract under section 98.

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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=DLM6844219.

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Part 2 Contracts legislation
Minors’ contracts: Entering into contract with District Court’s approval

101Contracts relating to property held on trust

  1. The District Court must not approve a contract under section 98 if—

  2. the contract relates to property held on trust; and
    1. the court considers that it would be more appropriate for an application to be made under section 124, 125, or 130 of the Trusts Act 2019 (which relate to termination, variation, or resettlement of a trust, and variation or extension of trustees’ powers in relation to property).

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      Notes
      • Section 101(b): amended, on , by section 161 of the Trusts Act 2019 (2019 No 38).