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Trusts Act 2019

Trustees’ powers and indemnities - Powers of trustee - Special trust advisers

74: Role and appointment of special trust advisers

You could also call this:

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

Illustration for Trusts Act 2019

You can have a special trust adviser to help the trustee make decisions about the trust. The special trust adviser can give advice on any matter relating to the trust, but they are not a trustee and do not have the powers or duties of a trustee. They can help the trustee, but they cannot make decisions on their own.

You can appoint a special trust adviser in the terms of the trust, or by order of the court made on the application of a beneficiary or trustee. A person with the power to remove or appoint trustees can also appoint a special trust adviser. In some cases, the court can appoint a special trust adviser, for example, when the court has jurisdiction under Part 3 of the Protection of Personal and Property Rights Act 1988.

The terms "manager" and "property order" have special meanings in this section, which are explained in section 2 of the Protection of Personal and Property Rights Act 1988. You can find more information about these terms by reading the Protection of Personal and Property Rights Act 1988. The court can also appoint a special trust adviser in respect of property of a person subject to a property order made under the Protection of Personal and Property Rights Act 1988.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7382973.

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75: Reliance on special trust adviser’s advice, or

"Trustees are protected if they follow a special trust adviser's advice honestly and carefully"

Part 4Trustees’ powers and indemnities
Powers of trustee: Special trust advisers

74Role and appointment of special trust advisers

  1. A special trust adviser—

  2. may advise the trustee on any matter relating to the trust; but
    1. is not a trustee of the trust and does not have the powers or duties of a trustee.

      1. A special trust adviser may be appointed—

      2. in, or in accordance with, the terms of the trust; or
        1. by order of the court made on the application of—
          1. a beneficiary or trustee; or
            1. a person on whose application the court would have the power to appoint a new trustee; or
            2. by a person with the power to remove or to appoint trustees; or
              1. in respect of property for which the court has jurisdiction under Part 3 of the Protection of Personal and Property Rights Act 1988, by order of the court made on the application of—
                1. the manager or person authorised to administer the property; or
                  1. a person specified in section 26 of that Act; or
                  2. in respect of property of a person subject to a property order made under the Protection of Personal and Property Rights Act 1988, by order of the court made on the application of—
                    1. the manager of the property; or
                      1. a person specified in section 26 of that Act.

                      2. In this section, manager and property order have the meanings given in section 2 of the Protection of Personal and Property Rights Act 1988.

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