Deposit Takers Act 2023

Depositor compensation scheme - Entitlement to compensation - Entitlement rules

211: Trustee that is ineligible in own personal capacity does not prevent compensation being payable in relation to trust

You could also call this:

"Being a trustee means you can get compensation even if you can't get it as an individual."

Illustration for Deposit Takers Act 2023

When you are a trustee, you have a special role. You must be treated as a separate person from who you are in your everyday life. This means that even if you are not eligible for something in your personal life, you can still be eligible as a trustee. You can still get compensation as a trustee, even if you cannot get it as an individual.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS566256.


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210: Protected deposit held under different trusts, or

"Protected deposits in multiple trusts are treated separately for compensation."


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212: Regulations may provide for calculation of amount of person’s protected deposits or share of protected deposits, or

"Rules can be made to work out how much of your bank money is protected by law."

Part 6Depositor compensation scheme
Entitlement to compensation: Entitlement rules

211Trustee that is ineligible in own personal capacity does not prevent compensation being payable in relation to trust

  1. A trustee or trustees acting in their capacity as trustees must be treated as being a person distinct from the trustee or trustees in their own personal capacity.

  2. Accordingly, the fact that 1 or more trustees may not be eligible depositors in their own personal capacity does not prevent the trustee or trustees acting in their capacity as trustees from being an eligible depositor.