Trusts Act 2019

Appointment and discharge of trustees - Power to remove or to appoint trustee

95: Application to review exercise of power to remove or to appoint trustee

You could also call this:

"Asking the court to check if a trustee was removed or appointed fairly"

Illustration for Trusts Act 2019

If you are a beneficiary, you can ask the court to review a decision made by someone who has the power to remove or appoint trustees. This person has made a decision to remove or appoint a trustee, and you want the court to check if it was a good decision. You can apply to the court for this review, and the court will follow rules outlined in sections 126 and 127 to help make a decision about your application.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7383007.


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94: Duty to exercise power to remove or appoint trustee honestly and for proper purpose, or

"Be honest and fair when choosing or removing trustees for the right reasons."


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96: Who may be appointed as trustee, or

"Who can be in charge of a trust and make decisions about its property?"

Part 5Appointment and discharge of trustees
Power to remove or to appoint trustee

95Application to review exercise of power to remove or to appoint trustee

  1. A beneficiary may apply to the court for the review of the exercise, by a person with the power to remove or to appoint trustees, of a power to remove or to appoint a trustee.

  2. Sections 126 and 127 apply with all necessary modifications to the application.