Trusts Act 2019

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

32: Duty to consider exercise of power

You could also call this:

"Think carefully about using your powers as a trustee"

Illustration for Trusts Act 2019

When you are a trustee, you have to think carefully and often about whether you should use the powers you have. You must consider if you should be exercising one or more of your powers. This means you have to regularly think about what powers you have and whether you should be using them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7382911.


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

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


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33: Duty not to bind or commit trustees to future exercise of discretion, or

"Trustees must not make decisions that limit future trustees' choices"

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

32Duty to consider exercise of power

  1. A trustee must consider actively and regularly whether the trustee should be exercising 1 or more of the trustee’s powers.