Trusts Act 2019

Appointment and discharge of trustees - Removal of trustee

111: Court may make order preventing removal

You could also call this:

"The court can stop someone from being removed as a trustee if it's not a good reason."

Illustration for Trusts Act 2019

The court can stop a trustee from being removed if it is satisfied that there are no good reasons for the removal. You can find the good reasons for removal in section 104 or section 105. The court also considers reasons that are recognised at common law or in equity when making its 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=DLM7383027.


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112: Court may make order for removal, or

"The court can help remove a trustee if it's really needed and can't be done easily."

Part 5Appointment and discharge of trustees
Removal of trustee

111Court may make order preventing removal

  1. The court may make an order preventing the removal of the trustee only if the court is satisfied that none of the grounds for removal specified in section 104 or 105 or recognised at common law or in equity is made out.