Public Trust Office Acts (1936-1994) by Parliamentary Counsel
009
Commenced:
ANALYSIS
Index
Analysis
Title
1 Short Title and commencement
2 Interpretation
3 Act to bind the Crown
I: Constitution and Organisation
4 Public Trust Office
5 Public Trustee
6 Assistant Public Trustees
7 Special provisions affecting Public Trustee and Assistant Public Trustees
8 Appointment of other officers, employees, and agents
9 Deputies of Public Trustee, Assistant Public Trustees, and District Public Trustees
10 District offices, branches, and agencies
11 Delegation by Public Trustee
12 Judicial notice of certain seals, appointments, and signatures
Contracts
13 Contracts by the Public Trustee
Public Trust Office Investment Board
14 Constitution and powers of Investment Board
15 Passing of resolutions of Investment Board by entries in minute book
16 Investment Board may delegate powers of making and controlling investments
Secrecy in Respect of Estates
17 Officers to make declaration of fidelity and secrecy
II: Accounts and Investments
Accounts
18 The Public Trustee's Account
19 Payments to Public Trustee's Account
20 Estate accounts
21 Payment of salaries and expenses
22 Balance sheet, etc.
23 Application of profits
23A Acquisition of land and buildings
24 General Legal Expenses Reserve Fund
25 Deficiency payable out of Crown Bank Account
26 Loss occasioned by negligence of officer
27 Unauthorised expenditure
28 Annual Report to be submitted to Parliament
29 Rights and powers of Minister of Finance
Investments
30 Common Fund
30A Investment of money otherwise than in Common Fund
31 Special investments not guaranteed
32 Investment of the Common Fund
33 Protection of certain mortgages held by the Public Trustee
34 Public Trustee may buy in securities and apply Common Fund money for the purpose
35 Temporary advances to Public Trustee
36 Deficiency in Common Fund to be made good out of public money
37 Public Trustee may act as agent for investment of money in Common Fund
38 Repayment of money invested in the Common Fund by or on behalf of infant
Advances to Estates
39 Advances to estates
Advances to Beneficiaries
40 Advances to beneficiaries
Advances to be treated as Mortgages
41 Where land is affected advances to be treated as mortgages
II: Group Investment Funds
Renewals of Mortgages
42 Public Trustee may arrange extensions or renewals of Common Fund investments
42B Income and capital of Group Investment Fund
42C Periodic capital valuation of investments of Fund
42CA Capital valuation of Fund comprising investments in real estate
42D No separate commission on Fund
42E Powers of the Public Trustee in respect of Funds
42F Examination of Group Investment Funds
42G Duties, etc., of the Public Trustee not affected by this Part of Act
42H Group Investment Fund not a partnership, unit trust, or syndicate
III: Acquisition of Right to Administer Estates
43 Duties for which Public Trustee may be appointed
43A Application of Act where Public Trustee acts jointly
44 Appointment of Public Trustee by executors, administrators, and trustees
45 Public Trustee entitled on application to administration of intestate estates
46 Public Trustee may be appointed sole trustee where appointment of 2 or more trustees provided for
47 Judge may consent to Public Trustee's appointment if any person whose consent is required refuses or is unable to consent
48 untitled record
49 Public Trustee on appointment to have same rights, etc., as a private person
50 Property, rights, etc., to vest in Public Trustee on appointment
51 Power of Public Trustee to administer if no application made for probate or administration
52 Provisions relating to applications for grants of administration
53 Public Trustee may be appointed guardian or next friend of infant
54 Public Trustee may act as agent for resealing in New Zealand
55 Public Trustee may be appointed Receiver
56 Public Trustee may be appointed to represent parties in legal proceedings
57 Public Trustee may act as arbitrator or umpire under Arbitration Act 1908
58 Public Trustee propounding will or applying for administration entitled to costs
59 Registrars to notify Public Trustee of lodging of caveat
60 Trustees may delegate powers to Public Trustee
61 Powers exercisable by Public Trustee pending grant of probate or administration
62 Notice to person entitled to obtain probate or letters of administration
63 Public Trustee may oppose application for administration
64 Validity of acts by Public Trustee under administration granted in error
65 Payment of legacies of infants to Public Trustee
Protection of Persons under Disability
66 Protection of persons not of full mental capacity who are entitled to money or damages
Benefit Funds
67 Administration by Public Trustee of benefit funds
Notices
68 Notice of orders placing property in Public Trust Office to be served on Public Trustee
69 Registrars of Court to see that orders sent to Public Trustee
70 Rejection of appointment of Public Trustee to be notified to interested persons
71 Certificate by Public Trustee to be evidence of acceptance or rejection
IV: Elections to Administer and Certificates of Administration
72 Power of Public Trustee to elect to administer small estates without grant of administration
73 Elections in respect of unadministered balance of an estate
74 Operation of election to administer as regards property overseas
75 Powers of District Public Trustee to file elections
76 Revocation of elections filed in error
76A Elections to administer jointly with another person
77 Court fees payable on elections, etc.
78 Certificate by Public Trustee as to his legal status in any matter
78A Certificate of administration
V: Unclaimed Property
79 Appointment of Public Trustee as manager of unclaimed property
80 Mode of appointment
81 Powers of Public Trustee
82 Power of Public Trustee to pay for improvements
83 Sale or transfer of land to occupier or person entitled thereto
84 Public Trustee to have discretion as to exercise of powers
85 Public Trustee may apply to Court for directions
86 Money to form part of Common Fund
87 Remuneration and expenses of Public Trustee
88 Property of which Public Trustee takes possession to be held for owner
89 Termination of managership
90 Evidence in respect of unclaimed property
91 Transfer of unclaimed property to Crown
92 Land, etc., becoming property of Crown may be vested in local authority
93 Provision in case of lost title
94 Order or notice not affected by mistake of fact
95 Savings
VI: Miscellaneous
96 Special powers that may be exercised by the Public Trustee
97 Public Trustee may act on written statement, etc.
98 Powers of inspection of property
99 Public Trustee as mortgagee in possession may charge for collection of rents
100 Public Trustee acting in fiduciary capacity may receive remuneration
101 Public Trustee may sue himself in different capacity
102 untitled record
103 Proof and payment of debts
104 untitled record
105 Public Trustee may bar claims
106 Duty of Public Trustee as to shares of infants
107 untitled record
108 Conditions on which tenant for life may be allowed into possession
109 untitled record
110 Power of Public Trustee to make small payments without order
111 untitled record
112 Public Trustee may determine domicile of person in certain cases
113 Powers of Public Trustee as Commissioner of local authority's sinking fund on default by local authority
114 Existence of property belonging to estate being administered by Public Trustee to be disclosed
115 Inquiries as to property
116 Declaration of non-revocation not necessary where Public Trustee executes as attorney
117 Protection of Public Trustee acting under power of attorney
118 Deposit of wills
119 Debentures, etc., may be accepted by Public Trustee for safe custody
120 Custody of documents of title
121 Term of tenancies created by Public Trustee
122 Acceptance of rent not to invalidate notice to quit
123 Protection of purchasers and others
124 Protection of tenant or lessee
125 No notice of trust to arise merely from dealing with Public Trustee
126 Registration of shares
127 Public Trustee may evidence and register dealings in land when acting in different capacities
128 Procuration fee in respect of loan from Public Trustee forbidden
129 Certain restrictive covenants in mortgages declared void
130 Right of Office Solicitor to costs of legal proceedings
131 Protection of Public Trustee acting under order of Court
132 Consular officers may receive money or chattels for residents in other countries
133 Reciprocity of administration with Public Trustees of Commonwealth countries
134 Public Trustee not required to give bond
135 Public Trustee and officers not personally liable except for fraud or crime
136 Same remedies against Public Trustee as against private person
136A Limitation of liability of Public Trustee where he acts jointly
137 Liability of Office Solicitor in conveyancing transactions
138 Service of notices by Public Trustee
139 Relationship between this Act and other Acts and instruments
140 Regulations
141 Rules of Court
142 Repeals, amendment, and savings
Schedule(s)
1 : Enactments Repealed
Amending Act/Rule(s)
1 The Public Trust Office Amendment Act 1967
2 Short Title
3 This section inserted s. 23A in the principal Act.
4 The Public Trust Office Amendment Act 1968
5 Short Title
6 untitled amendment
7 Repealed by s. 16 (1) of the Trustee Amendment Act 1988.
8 untitled amendment
9 untitled amendment
10 untitled amendment
11 untitled amendment
12 untitled amendment
13 untitled amendment
14 untitled amendment
15 Repeals
16 The Public Trust Office Amendment Act 1971
17 Short Title
18 untitled amendment
19 Repealed by s. 16 (1) of the Trustee Amendment Act 1988.
20 (a) This paragraph amended s. 72 (1) of the principal Act. (b) Impliedly repealed by s. 4 (1) (a) of the Public Trust Office Amendment Act 1990.
21 (a) Impliedly repealed by s. 4 (2) (a) of the Public Trust Office Amendment Act 1990.
22 untitled amendment
23 This section amended s. 110 of the principal Act.
24 The Public Trust Office Amendment Act 1972
25 Short Title
26 untitled amendment
27 The Public Trust Office Amendment Act 1975
28 Short Title
29 untitled amendment
30 untitled amendment
31 untitled amendment
32 untitled amendment
33 The Public Trust Office Amendment Act 1977
34 Short Title
35 Repeal
36 The Public Trust Office Amendment Act 1978
37 Short Title
38 untitled amendment
39 untitled amendment
40 The Public Trust Office Amendment Act 1982
41 Short Title and commencement
42 untitled amendment
43 The Public Trust Office Amendment Act 1983
44 Short Title and commencement
45 untitled amendment
46 untitled amendment
47 The Public Trust Office Amendment (No. 2) 1983
48 Short Title
49 untitled amendment
50 untitled amendment
51 The Public Trust Office Amendment Act 1990
52 Short Title
53 untitled amendment
54 untitled amendment
55 untitled amendment
56 The Public Trust Office Amendment Act 1994
57 Short Title
58 untitled amendment
59 untitled amendment