Plain language law

New Zealand law explained for everyone

Trusts Act 2019

Trustees’ powers and indemnities - Powers of trustee - Exercise of trustee powers and functions by others

73: Application to Public Trust to consent to become delegate

You could also call this:

"Asking Public Trust to help with a trust when a trustee can't do their job"

Illustration for Trusts Act 2019

You can apply to Public Trust for help with a trust when a trustee cannot do their job. This happens when a trustee is unable to perform their functions for reasons listed in section 70(2) and they have not delegated their powers. You might be a co-trustee or a beneficiary of the trust.

If you apply, Public Trust can choose to refuse for any reason. They must refuse if they think the situation is too complicated or involves a dispute. Public Trust can charge fees for their services as a delegate.

If Public Trust agrees to help, they follow rules set out in sections 70 to 72, with some changes if needed. This means they will act on behalf of the trustee who cannot do their job. You should know that Public Trust has the power to make decisions in this situation.

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 It might be out of date or be missing some parts.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=DLM7382971.

Topics:
Money and consumer rights > Banking and loansHousing and property > Buying and selling homes
Previous

72: Trustee’s liability for acts of delegate limited, or

"Trustees are not responsible for what their helpers do, unless they chose them wrongly."

Next

74: Role and appointment of special trust advisers, or

"Who can help the person in charge of a trust make good decisions?"

Part 4Trustees’ powers and indemnities
Powers of trustee: Exercise of trustee powers and functions by others

73Application to Public Trust to consent to become delegate

  1. This section applies in relation to a trust where—

  2. a trustee is, for any of the reasons listed in section 70(2), unable to perform the trustee’s functions as trustee; and
    1. that trustee has not delegated the trustee’s powers.

      1. A co-trustee or a beneficiary of the trust may apply to Public Trust for consent for Public Trust to be made the delegate of the trustee.

      2. Public Trust—

      3. may refuse to consent to be the delegate of the trustee for any reason; and
        1. must refuse to consent to be made the delegate of the trustee if Public Trust reasonably believes that an application under subsection (2) or the circumstances relating to it involve a dispute or present significant complexity.

          1. Public Trust may charge fees for providing services as a delegate under this section.

          2. If Public Trust consents to be made the delegate of the trustee, sections 70 to 72 apply (with any necessary modifications) to the delegation.