Trusts Act 2019

Miscellaneous provisions - Investigation of condition and accounts of certain trust property

154: Appointment of investigator by Public Trust

You could also call this:

"Public Trust chooses a special person to investigate a trust issue"

Illustration for Trusts Act 2019

When you are dealing with an application under section 153, Public Trust must choose a person, called the investigator, in a specific way. The investigator must be either a lawyer or a qualified statutory accountant, which means they must meet the requirements set out in section 5(1) of the Financial Reporting Act 2013. The investigator cannot be a beneficiary of the trust.

The investigator can be chosen in two ways: by agreement between certain people, including Public Trust, or by Public Trust if no agreement can be reached. If an agreement is reached, it must be between the applicant trustee, the co-trustees, and Public Trust, or between the applicant beneficiary, the trustees, and Public Trust. Public Trust will choose the investigator if the required people cannot agree on who it should be.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7383098.


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Part 8Miscellaneous provisions
Investigation of condition and accounts of certain trust property

154Appointment of investigator by Public Trust

  1. When proceeding with an application under section 153, Public Trust must ensure that a person (the investigator) is appointed in accordance with subsection (2) and that the investigator is—

  2. either—
    1. a lawyer; or
      1. a qualified statutory accountant (within the meaning of section 5(1) of the Financial Reporting Act 2013); and
      2. not a beneficiary of the trust.
        1. The investigator may be appointed—

        2. by agreement between—
          1. the applicant trustee, the co-trustees, and Public Trust; or
            1. the applicant beneficiary, the trustees, and Public Trust; or
            2. if no agreement can be reached, by Public Trust.
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