Trusts Act 2019

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

53: Procedure for deciding whether presumption applies

You could also call this:

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

When a trustee decides whether to give you information about a trust, they must think about some factors. They consider what kind of interest you have in the trust and if you will get trust property in the future. They also think about if the information is confidential.

The trustee looks at what the person who created the trust wanted when they made it, if they know what that was. They consider your age and situation, as well as the age and situation of other beneficiaries. They think about how giving you the information will affect you, the trustees, other beneficiaries, and other people.

In a family trust, the trustee considers how giving you the information will affect relationships in the family. They also think about if giving you the information will hurt the relationship between the trustees and some beneficiaries. The trustee considers if it is practical to give information to all beneficiaries, especially if there are many or it is hard to find them.

The trustee thinks about if they can restrict what you do with the information, like making you promise not to share it. They consider if they can give you some of the information, but with parts removed to keep it private. If you asked for the information, the trustee looks at why you asked and what you want to do with it. They also think about any other factors that might be relevant to their decision, as mentioned in sections 51(2)(a) and 52(2)(a).

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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=DLM7382942.

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52: Presumption that trustee must give information on request, or

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

54: Procedure when trustee decides to give no information, or

"What happens if a trustee decides not 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

53Procedure for deciding whether presumption applies

The factors that the trustee must consider (for the purposes of sections 51(2)(a) and 52(2)(a)) are the following:
the nature of the interests in the trust held by the beneficiary and the other beneficiaries of the trust, including the degree and extent of the beneficiary’s interest in the trust and the likelihood of the beneficiary receiving trust property in the future:
whether the information is subject to personal or commercial confidentiality:
the expectations and intentions of the settlor at the time of the creation of the trust (if known) as to whether the beneficiaries as a whole and the beneficiary in particular would be given information:
the age and circumstances of the beneficiary:
the age and circumstances of the other beneficiaries of the trust:
the effect on the beneficiary of giving the information:
the effect on the trustees, other beneficiaries of the trust, and third parties of giving the information:
in the case of a family trust, the effect of giving the information on—
1. relationships within the family:
2. the relationship between the trustees and some or all of the beneficiaries to the detriment of the beneficiaries as a whole:
in a trust that has a large number of beneficiaries or unascertainable beneficiaries, the practicality of giving information to all beneficiaries or all members of a class of beneficiaries:
the practicality of imposing restrictions and other safeguards on the use of the information (for example, by way of an undertaking, or restricting who may inspect the documents):
the practicality of giving some or all of the information to the beneficiary in redacted form:
if a beneficiary has requested information, the nature and context of the request:
any other factor that the trustee reasonably considers is relevant to determining whether the presumption applies.