Trusts Act 2019

Trustees’ duties and information obligations - Trustees’ obligations to keep and give trust information - Giving information to beneficiaries

52: Presumption that trustee must give information on request

You could also call this:

"Trustees must give you information if you ask, unless they have a good reason not to."

If you ask a trustee for trust information, they are expected to give it to you within a reasonable time. You can ask for this information if you are a beneficiary or if you represent a beneficiary. The trustee must think about the factors in section 53 before giving you the information.

If the trustee thinks it is reasonable, they might decide not to give you the information after considering those factors. In this case, they do not have to give you the information you asked for. The trustee can refuse your request for trust information if they have a good reason to do so.

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This page was last updated on 18 July 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7382941.

Topics:

Money and consumer rights > Banking and loans

51: Presumption that trustee must notify basic trust information, or

"Trustees must tell beneficiaries basic info about the trust, like who's in charge and what's happening"

53: Procedure for deciding whether presumption applies, or

"How trustees decide whether to give you information about a trust"

Part 3Trustees’ duties and information obligations
Trustees’ obligations to keep and give trust information: Giving information to beneficiaries

52Presumption that trustee must give information on request

There is a presumption that a trustee must within a reasonable period of time give a beneficiary or the representative of a beneficiary the trust information that person has requested.
However,—
before giving the information, the trustee must consider the factors set out in section 53; and
if the trustee reasonably considers (after taking into account those factors) that the information should not be given to the person,—
1. the presumption does not apply; and
2. the trustee may decide to refuse the request for trust information.