Trusts Act 2019

Schedule 2: Provisions that apply except as modified or excluded in accordance with section 5(4)

You could also call this:

"Rules that apply to trusts, unless the trust says otherwise or the law allows changes"

The Trusts Act 2019 has some special rules that apply, except when changed or excluded as stated in section 5(4). You can find these rules in a table that lists different sections of the act. Some sections, like section 20, can be modified, but only if the changes do not lower the age to less than 18 years.

When it comes to sections 29 to 38, especially section 32, changes can be made, but they must be consistent with section 51(4). Other sections, like section 66 and section 147, can also be changed or excluded under certain conditions.

You can look at the table to see which sections can be modified or excluded, and under what conditions, as stated in the Trusts Act 2019, according to section 5(4).

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This page was last updated on 18 July 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7383153.

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Schedule 1: Transitional, savings, and related provisions, or

"Special rules for when the Trusts Act 2019 started and how it affects older trusts"

Schedule 3: Specified commercial trusts, or

"Trusts that help with business deals and investments"

2Provisions that apply except as modified or excluded in accordance with section 5(4) Empowered by s 5(4)

The following table is small in size and has 2 columns. Column 1 is headed Column 1 (section). Column 2 is headed Column 2.
Column 1 (section)		Column 2
20		The application of section 20 may be modified only to the extent that the modified age is not less than 18 years.
29 to 38		The application of section 32 may be modified only to the extent that is consistent with section 51(4).
56
58 to 61
62(1) to (5)
63 to 65
66		The application of section 66 may be modified only to the extent that the terms of a trust may impose liability on a trustee for a loss arising from 1 or more of the acts or omissions specified in that section.
67(1)(a) and (b)
67(1)(c)		The application of section 67(1)(c) may be completely excluded but may not be modified, despite any contrary intention in the terms of the trust, if it is proposed that another party should hold or deal with trust property as a nominee or custodian.
88 to 91
92(1) and (2)
99(2)
101
102
115
142 to 146
147		The application of section 147 may be completely excluded but may not be modified, despite any contrary intention in the terms of the trust, if a trustee has the power to refer a matter to an alternative dispute resolution process.