Trusts Act 2019

General provisions

8: Inherent jurisdiction of court not affected

You could also call this:

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

Illustration for Trusts Act 2019

The law that lets a court oversee and step in when managing a trust still applies, even with this Act, unless the Act says otherwise. You need to know that the court's power to supervise a trust is not changed by this Act, except when the Act gives different instructions. The court still has the power to make decisions about a trust.

When a court uses its power to oversee a trust, it must think about the purpose and principles of this Act. This means the court has to consider what this Act is trying to achieve and the ideas behind it when making decisions about a trust. You can find more information about this by looking at the Trusts Act 2019 and similar laws, such as the 2006 law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7382826.


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7: Interpretation of Act, or

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


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9: Definitions, or

"What special words in the Trusts Act 2019 mean"

Part 1General provisions

8Inherent jurisdiction of court not affected

  1. The inherent jurisdiction of a court to supervise and intervene in the administration of a trust is not affected by this Act, except to the extent that this Act provides otherwise.

  2. Despite subsection (1), a court must have regard to the purpose and the principles of this Act when exercising its inherent jurisdiction.

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