New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) The court may, in accordance with this section, constitute a kai tiaki trust in respect of any interests in Maori land or General land, or any shares in a Maori incorporation, or any personal property, to which any person under disability is beneficially entitled.
(2) In determining whether or not it should exercise its jurisdiction under this section in relation to any person, the court may have regard to the degree to which the person is subject, or is liable to be subjected, to undue influence in the management of his or her own affairs in relation to his or her property.
(3) The court shall not constitute a kai tiaki trust in respect of any interests in Maori land or General land or any shares in a Maori incorporation or any personal property in respect of which a property order is in force under the Protection of Personal and Property Rights Act 1988.
(4) The court shall not constitute a kai tiaki trust in respect of any interests in General land to which a person under disability is beneficially entitled unless that person is Maori.
(5) A kai tiaki trust may be constituted where the court is satisfied that the constitution of the trust would best protect and promote the interests of the person under disability.
(6) Every order constituting a kai tiaki trust under this section shall state the nature of the disability for which the trust is constituted.
(7) Where that disability is the minority of the person concerned, the following provisions shall apply:
(a) the order shall state the date of birth of that person:
(b) subject to paragraph (c), the powers of the trustees shall cease and determine, without any order in that behalf, on the expiry of the day before the date on which that person attains the age of 20 years:
(c) if it appears to the court, on application made to it before that person attains that age, that, on attaining that age, that person will still be under disability (of some other nature), the court may, by order, continue the trust in existence beyond the date on which that person will attain that age.
(8) The land, money, and other assets of a kai tiaki trust shall be held in trust for the person under disability.
(9) While a kai tiaki trust constituted under this section remains in force, the beneficiary shall not be capable of exercising any powers in respect of the alienation of the trust property, other than an alienation by will if that person has testamentary capacity.
(10) The constitution of a kai tiaki trust shall not affect any person’s entitlement to succeed to any beneficial interest in any land or shares vested in the trustees for the purposes of the trust.
