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Trustee (Public Trust) Amendment Bill (Consistent) [2013] NZBORARp 15 (6 May 2013)

Last Updated: 1 April 2019

Trustee (Public Trust) Amendment Bill

Trustee Amendment Bill (PCO17495 v2) – consistency with the New Zealand Bill of Rights Act 1990 Our Ref: ATT395/191

6 May 2013


  1. I have considered the above Bill for consistency with the New Zealand Bill of Rights Act

1990 (“the Bill of Rights Act”).


  1. The Bill clarifies the obligations of the Public Trustee as a trustee of last resort for products regulated by the Securities Act 1978. Under the Bill the Court will only be able to appoint the Public Trustee as a replacement trustee in relation to such securities if it is satisfied that the resigning trustee has made reasonable endeavours to appoint a different replacement trustee and that the retiring trustee has given an indemnity to the Public Trustee for the fees and expenses it will incur, if the trust itself cannot cover them.
  2. I advise that the bill is consistent with the Bill of Rights Act.
  3. This advice has been reviewed, in accordance with Crown Law protocol by Jane Foster, Crown Counsel.

Yours sincerely Crown Law Austin Powell

Senior Crown Counsel

In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General to determine whether a report should be made to Parliament under s 7 of the New Zealand Bill of Rights Act 1990 in relation to the Trustee (Public Trust) Amendment Bill. It should not be used or acted upon for any other purpose. The advice does no more than assess whether the Bill complies with the minimum guarantees contained in the New Zealand Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions.


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