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Trusts Act 2019

Appointment and discharge of trustees - Removal of trustee

110: Procedure on trustee’s application to prevent removal

You could also call this:

"What to do if you're a trustee and don't want to be removed from your job"

Illustration for Trusts Act 2019

If you are a trustee and you want to stop being removed, you must show the court that there is a real argument about whether the decision to remove you was fair. You do this by giving the court evidence that raises a genuine dispute about the decision. The court will look at your evidence to decide if there is a genuine dispute.

If the court thinks you have raised a genuine dispute, the person who decided to remove you must then prove that their decision was fair in the circumstances. You started the process by applying under section 109. The court will consider the evidence from both you and the person who made the removal decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7383026.

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109: Application to prevent removal, or

"Stopping Yourself from Being Removed as a Trustee"

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Part 5Appointment and discharge of trustees
Removal of trustee

110Procedure on trustee’s application to prevent removal

  1. An applicant under section 109 must produce evidence that raises a genuine dispute as to whether the removal decision was reasonably open to the person in the circumstances.

  2. If the court is satisfied that the applicant has established a genuine dispute, the onus is on the person who made the removal decision to establish that the decision was reasonably open to the person in the circumstances.