Trusts Act 2019

Trustees’ duties and information obligations - Duties of trustee - Default duties

30: Duty to invest prudently

You could also call this:

"Be careful with others' money and make smart choices"

Illustration for Trusts Act 2019

When you are in charge of investing money that belongs to someone else, you must be careful and make good decisions. You need to think about what a sensible business person would do when managing other people's affairs. You should consider any special skills or knowledge you have, or that people think you have. If you are a trustee as part of your job or business, you should also think about the skills and knowledge that people would normally expect someone in your position to have, you can find more information about this by looking at the Trustee Act 1956 and other related laws. You must use this knowledge to make good investment decisions.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM7382909.


Previous

29: General duty of care, or

"Be careful and make good decisions when in charge of a trust"


Next

31: Duty not to exercise power for own benefit, or

"Trustees must make fair decisions, not ones that help themselves."

Part 3Trustees’ duties and information obligations
Duties of trustee: Default duties

30Duty to invest prudently

  1. When exercising any power to invest trust property, a trustee must exercise the care and skill that a prudent person of business would exercise in managing the affairs of others, having regard, in particular,—

  2. to any special knowledge or experience that the trustee has or that the trustee holds out as having; and
    1. if the person acts as a trustee in the course of a business or profession, to any special knowledge or experience that it is reasonable to expect of a person acting in the course of that kind of business or profession.
      Compare