Plain language law

New Zealand law explained for everyone

Trusts Act 2019

Court powers and dispute resolution

133: Trustee may apply to court for directions

You could also call this:

"Trustees can ask a court for help making decisions about trust property"

Illustration for Trusts Act 2019

If you are a trustee, you can ask the court for help with making decisions about the trust property or how to use your powers as a trustee. You might need to ask the court about what to do with the trust property, or how to make a decision that affects the trust. When you ask the court for help, you must tell all the people who are interested in the trust, so they know what is happening.

The court can give you any direction it thinks is necessary to help you make a decision. This means the court has a lot of flexibility to help you with your problem. You can still ask the court for other types of help, like a declaration that explains what the trust means, even if you have already asked for directions.

The court's decision is final, and it can help you move forward with managing the trust. You can look at similar laws, like s 66, to see how this law has changed over time.

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 It might be out of date or be missing some parts.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=DLM7383060.

Topics:
Money and consumer rights > Banking and loans
Previous

132: Court may make beneficiary indemnify trustee for breach of trust, or

"Court can make you pay if you make a trustee do something wrong"

Next

134: Protection of trustee while acting under direction of court, or

"Trustees are protected if they follow a court's instructions, as long as they act honestly."

Part 7Court powers and dispute resolution

133Trustee may apply to court for directions

  1. A trustee may apply to the court for directions about—

  2. the trust property; or
    1. the exercise of any power or performance of any function by the trustee.

      1. The application must be served, in accordance with the rules of court, on each person interested in the application or any of them as the court thinks fit.

      2. On an application under this section, the court may give any direction it thinks fit.

      3. This section does not restrict the availability of alternative proceedings within the court’s jurisdiction, including a declaration interpreting the terms of the trust.

      Compare