Trusts Act Disclosure Rules

March 2026

Andrew Logan and Jamie Stanton

The Trusts Act 2019 (Trusts Act) came into force in New Zealand in 2021 and introduced explicit obligations for trustees to disclose information to beneficiaries. Some Trusts have embraced disclosure as a necessary part of modern trust ... Read more

Settlors and ‘Their’ Trusts

December 2025

Jamie Stanton

Many contemporary (post 2021) trust deeds adopt an explicit ‘priority principle’ which confirms the settlors’ intention that the interests of certain beneficiaries (normally the eldest generation, or ‘Mum and Dad’) are to be preferred over ... Read more

The Price of Breaching Trustees’ Disclosure Obligations?

March 2023

Andrew Logan Jamie Stanton

You may have a trust for a variety of reasons, whether for asset structuring or estate planning purposes, or perhaps to benefit a charitable cause or community group. You could be the beneficiary of a particular trust settled by somebody ... Read more

Trust Busting – Commercial/Business Risk (Brkic v White [2021] NZCA 670)

March 2022

Andrew Logan Jamie Stanton

The 2016 Supreme Court case of Clayton v Clayton found that a person’s “bundle of rights” in a trust (e.g. being a trustee, appointor, beneficiary and having powers to say remove other beneficiaries) could be considered an asset in that ... Read more

Trusts Act 2019 – it’s here!

March 2021

Jamie Stanton

On 30 January 2021 the Trusts Act 2019 came into effect – increased trustee obligations and disclosure requirements are now in force. All trustees must now have regard to the mandatory and default duties set out in the Act. Trustees are also ... Read more

Countdown to new Trust rules is on…

June 2020

Jamie Stanton

Those of you with a trust may recall from our article late last year that the rules under the new Trusts Act will come into force in six months’ time on 30 January 2021. From 30 January 2021 trustees will be under increased obligations when ... Read more

The Trusts Act 2019 – What it means for you

December 2019

Andrew Logan

The (long-awaited) review and reform of the Trustee Act 1956 has finally been completed.  On 30 July 2019, the new “Trusts Act 2019” received royal assent.  The new Act comes into effect on 31 January 2021 and replaces the old 1956 ... Read more

Trusts Act Update

March 2019

Andrew Logan

Anybody who has a trust or is a trustee should now be aware that the reform of trust law, which will see the Trustees Act 1956 replaced with a new Trusts Act, is winding its way through our parliamentary process. The new Trusts Act is likely to come ... Read more