New Zealand Legislation: Acts

5 Application of Act where Public Trust acts jointly

• (1) Except as provided in subsection (3) or otherwise specifically provided in this Act, the provisions of this Act, so far as they are capable of doing so and with any necessary modifications, extend and apply to any case in which Public Trust is acting jointly with another person, or is appointed or proposes to act jointly with another person.

  (2) Accordingly, in any such case,—

  • (a) references in this Act to Public Trust include references to Public Trust and the person or persons with whom Public Trust is acting, or is appointed to act or proposes to act:

  • (b) references in this Act to an estate administered by Public Trust extend to and include any estate in respect of which Public Trust is acting jointly with another person in any of the offices or positions mentioned in section 75(1).

  (3) However, subsection (1) does not extend or apply to—

  • (a) sections 82 and 83 (powers exercisable by Public Trust pending grant of probate or administration, and notice of exercise of those powers):

  • (b) section 84 (Public Trust may oppose application for administration):

  • (c) section 85 (payment of legacies of infants to Public Trust):

  • (d) Part 7 (unclaimed property):

  • (e) section 130 (deposit of wills).

  (4) Nor do the provisions of the Crown Entities Act 2004 or the following provisions of this Act confer any powers, authorities, functions, or prerogatives on a person acting jointly with Public Trust:

  • (a) Parts 2 to 4, except sections 36(2) (operation of estate bank accounts) and 60 (special investments):

  • (b) section 91 (Public Trust entitled to costs out of estate, etc):

  • (c) section 118(e) and (i) (special powers that may be exercised by Public Trust):

  • (d) sections 122 to 125 (remuneration, etc):

  • (e) section 129 (declaration of non-revocation not necessary where Public Trust executes as attorney):

  • (f) section 137 (protection of Public Trust acting under power of attorney).

  (5) Nothing in this section restricts the jurisdiction of any court in relation to the granting of administration or the making of any other order.

  Compare: 1957 No 36 s 43A

  Subsection (4) was amended, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115) by inserting the words “the provisions of the Crown Entities Act 2004 or” after the word “do”.