Contract and Commercial Law Act 2017

Contracts legislation - Minors’ contracts - Court directed trust for minor

108: Money or damages to be held on trust

You could also call this:

“Money awarded to minors is kept safe by a trustee until they grow up”

If you are a minor (someone under 18 years old) and you are awarded money or damages in a legal matter, or you get money from an agreement or settlement, the court might decide that this money needs to be held in trust for you. This means someone else will look after the money until you’re older.

If the court decides this, they will choose someone called a trustee to look after your money. The trustee might be Public Trust or another person. The trustee will invest the money and keep it safe for you.

The court can tell the trustee to give you some of the money if needed. The trustee can also use the money for things that help you, like your education or other things that benefit you.

While the money is being held in trust, you can’t decide to end the trust or change how it works. Also, the money is protected. This means you can’t give it away, and other people can’t take it from you, even if you owe them money.

The court can change these rules if they think it’s necessary. They might tell the trustee to give you some of the money right away, or they might add other instructions about how the money should be managed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844231.


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"The court decides if young people can make deals or settle claims"


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Part 2 Contracts legislation
Minors’ contracts: Court directed trust for minor

108Money or damages to be held on trust

  1. In this section, money or damages means—

  2. any money or damages awarded to a minor in any cause or matter; or
    1. any money to which a minor is entitled under an agreement, a compromise, or a settlement approved under section 104 or 105.
      1. If the court directs that the whole or any part of any money or damages must be held on trust for the minor under this section by Public Trust or any other person,—

      2. the amount must be invested and held by the trustee on trust—
        1. to make a payment (if any) to the minor out of the income and capital of the amount that the court may specify; and
          1. to apply the income and capital of the amount, or so much of the income and capital that the trustee from time to time thinks fit, for or towards the maintenance or education (including past maintenance or education) or the advancement or benefit of the minor:
          2. the minor has no power, either by himself or herself or in conjunction with any other person or persons, to terminate the trusts on which the amount is held or to modify or extinguish those trusts:
            1. the interest of the minor in the income and capital of the amount may not, while it remains in the hands of the trustee,—
              1. be alienated; or
                1. pass by bankruptcy; or
                  1. be liable to be seized, sold, attached, or taken in execution by process of law.
                  2. Subsection (2)(a) to (c)—

                  3. applies except to the extent that the court directs any immediate payment from the money or damages or orders otherwise; and
                    1. is subject to any directions or conditions given or imposed by the court.
                      1. This section does not limit section 107.

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