Trusts Act 2019

General provisions

7: Interpretation of Act

You could also call this:

"How to understand the Trusts Act 2019 in a way that makes sense and achieves its goals."

When you read this Act, you must understand it in a way that helps achieve its purpose and principles. You should not interpret it too strictly, but rather consider what it is trying to accomplish. The Act can be interpreted with the help of common law and equity, as long as they align with the Act's provisions and purpose.

The Act's provisions and purpose are important when interpreting it. You can look at common law and equity to help you understand the Act, but only if they match the Act's provisions and purpose.

If you are unsure about how to interpret the Act, you can also look at the Interpretation Act 1999 for guidance, and this will not change how you interpret this Act.

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6: Overview of this Act, or

"What the Trusts Act 2019 is about and how it works in New Zealand."


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8: Inherent jurisdiction of court not affected, or

"Courts still have the power to oversee trusts, unless the Trusts Act 2019 says otherwise."

Part 1General provisions

7Interpretation of Act

  1. This Act—

  2. must be interpreted in a way that promotes its purpose and principles; and
    1. is not subject to any rule that statutes in derogation of the common law should be strictly construed; but
      1. may be interpreted having regard to the common law and equity, but only to the extent that the common law and equity are consistent with—
        1. its provisions; and
          1. the promotion of its purpose and principles.
          2. Subsection (1) does not affect the application of the Interpretation Act 1999 to this Act.

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