This Act may be cited as the Public Trust Office Amendment Act, 1913, and shall be read with and as part of the Public Trust Office Act, 1908 (hereinafter called the principal Act).

In this Act, if not inconsistent with the context,—

The Office Board shall consist of seven members, to wit—

The Minister of Finance:

The Public Trustee:

The Government Insurance Commissioner:

The Valuer-General:

The Superintendent of the State-guaranteed Advances Office: Two persons (not holding any office in the Public Service) to be appointed by the Governor in Council.

With respect to the two non-Service members the following provisions shall apply:—

At all meetings of the Office Board the quorum shall be four.

The Office Board may appoint sub-committees of its members, but the Public Trustee and at least one non-Service member· shall be on every sub-committee.

Section nine of the principal Act is hereby modified so as to accord with this section.

In the administration of any trust estate as trustee thereof the Public Trustee may act with an advisory trustee or advisory trustees to the extent hereinafter provided. Where in this Act “advisory trustees” are referred to, those words mean and include “advisory trustee” in cases where there is only one advisory trustee.

An advisory trustee or advisory trustees may be appointed—

Where the Public Trustee acts with advisory trustees the trust property shall be vested in the Public Trustee, and he shall have the sole management and administration of the estate and its trusts as fully and effectually as if he were the sole trustee:

Provided as follows:—

In case of difference between the Public Trustee and the advisory trustees, either the Public Trustee or the advisory trustees may submit the matter in dispute in a summary manner to a Judge in Chambers, whose decision thereon shall be final, and shall bind both the Public Trustee and the advisory trustees; and the Judge may make such order as to costs as he considers proper.

No person dealing with the Public Trustee shall be concerned to inquire as to the concurrence or otherwise of the advisory trustees, or be affected by notice of the fact that the advisory trustees have not concurred.

The power of appointing a new advisory trustee when exercisable by the continuing advisory trustees shall be exercised by them alone, but the Public Trustee shall have the same power of applying to the Court for the appointment of a new advisory trustee as is possessed by any other person.

Subject to the provisions of the trust instrument (if any), the Governor in Council may from time to time make regulations providing for the remuneration of advisory trustees out of the estate.

In connection with any trust estate in which there are managing trustees (meaning the trustees who would be entitled to act if there were no custodian trustee), the Public Trustee may, with the consent of the Office Board, be appointed custodian trustee in the same manner, mutatis mutandis, as is provided by section four hereof in the case of advisory trustees. Where in this Act “managing trustees” are referred to, those words mean and include “managing trustee” in cases where there is only one managing trustee.

Where the Public Trustee is appointed custodian trustee the following provisions shall apply: —

On the application of the custodian trustee, or of any of the managing trustees, or of any beneficiary, and on satisfactory proof that it is the general wish of the beneficiaries, or that on other grounds it is expedient to terminate the custodian trusteeship, the Court may make an order for that purpose, and may also make such vesting-orders and give such directions as under the circumstances seem to the Court to be necessary or expedient.

The provisions of subsection six of section four hereof (with respect to the appointment of a new advisory trustee) shall, mutatis mutandis, apply to the appointment of a new managing trustee,

The Public Trustee, acting as custodian trustee, shall be entitled to such remuneration as is prescribed or as, in the absence of any prescription, is agreed on with the Public Trustee.

In sections four to nine hereof, unless inconsistent with the context, “trustee” includes “executor” and “administrator,” also “committee” under the Lunatics Act, 1908, or the Mental Defectives Act, 1911, also “manager” under the Aged and Infirm Persons Protection Act, 1912.

In computing the number of managing trustees who may lawfully act or be appointed, neither advisory trustees nor custodian trustee shall be included.

The foregoing provisions relating to advisory trustees and custodian trustee apply to trusts in existence at the passing of this Act, as well as to trusts hereafter created.

Subject to regulations under this Act, and unless the Court otherwise orders, the condition and accounts of any private trust estate (meaning an estate which is not being administered by the Public Trustee) shall, on an application being made and notice thereof given in the prescribed manner by or on behalf of any private trustee or beneficiary, be investigated and audited by such solicitor or public registered accountant as may be agreed on between the applicant trustee and his co-trustees and the Public Trustee, or between the applicant beneficiary and the trustees and the Public Trustee, as the case may be, or, in default of such agreement, by some solicitor or public registered accountant appointed by the Public Trustee:

Provided that—

The person making the investigation or audit (hereinafter called “the auditor”) shall have a right of access to the books, accounts, and vouchers of the trustees, and to any securities and documents of title held by them on account of the estate, and may require from them such information and explanation as may be necessary for the performance of his duties.

Upon the completion of the investigation and audit the auditor shall forward to the applicant, and to every private trustee, and to the Public Trustee, a copy of the accounts, together with a report thereon, and a certificate signed by him to the effect that the accounts exhibit a true view of the state of the affairs of the estate, and that he has had the securities of the trust fund investments (if any) produced to and verified by him, or (as the case may be) that such accounts are deficient in such respects as may he specified in such certificate.

Every beneficiary shall, subject to regulations under this Act, be entitled at all reasonable times to inspect and take copies of the accounts, report, and certificate, and, at his own expense, to be furnished with copies thereof or extracts therefrom.

The auditor may be removed by order of the Court; and if any auditor is removed, or resigns, or dies, or becomes bankrupt or incapable of acting before the investigation and audit are completed, a new auditor may be appointed in his place in like manner as the original auditor.

The remuneration of the auditor and the other expenses of the investigation and audit (including the Public Trustee’s charges) shall be such as may be prescribed by regulations under this Act, and shall, unless the Court otherwise orders, be borne by the estate; and, in the event of the Court so ordering, such expenses shall be borne by the trustees personally or any of them, or by the applicant, or be apportioned between them or any of them, or between them and any of them and the estate, in such proportions as the Court thinks just.

If any person having the custody of any documents to which the auditor has a right of access under this section fails or refuses to allow him to have access thereto, or in anywise obstructs the investigation or audit, the auditor may apply to the Court, and thereupon the Court shall make such order as it thinks just.

Subject to rules of Court, applications under or for the purposes of this section to the Court shall be made in a summary way to a Judge in Chambers, and the Court may make rules regulating such applications.

If any person in any statement of accounts, report, or certificate required for the purposes of this section wilfully makes a statement false in any material particular, he shall be liable on conviction on indictment to imprisonment for a term not exceeding two years, and on summary conviction to imprisonment for a term not exceeding six months, with or without hard labour, and in either case to a fine in lieu of or in addition to such imprisonment.

In this section the term “private trust estate” includes every estate being administered by an executor, administrator, or any person acting in a fiduciary capacity, and the terms “private trustee” and “private trustees” mean respectively the trustee or trustees for the time being of a private estate.

The Public Trustee shall not be liable for any expenses or costs under this section.

All expenses and costs for which the estate is liable under this section shall, when paid, be a charge on the assets of the estate, and such charge may be enforced in such manner as the Court on application directs.

In the case of any trust estate administered by the Public Trustee,—

Beneficiary aggrieved by action of Public Trustee may apply to Court.

In any cause or matter in any Court in which money or damages is or are claimed by or on behalf of an infant or a person of unsound mind, no moneys or damages received or awarded in any such cause or matter, whether by compromise, payment into Court, or otherwise, before or after the trial, shall be paid to the next friend of the plaintiff or to the plaintiff’s solicitor.

All moneys or damages so received or awarded shall, unless the appropriate Court otherwise orders, be paid to the Public Trustee, and shall, subject to any special or general directions of the appropriate Court, be held and applied by him in such manner as he thinks fit for the maintenance and education or otherwise for the benefit of the persons entitled thereto.

The said money shall form part of the common fund or the Public Trust Office and bear interest in accordance with the regulations.

A certificate under the hand and seal of the Public Trustee, showing the receipt of the said money, shall, in any Court or proceedings whatsoever, be sufficient evidence of the facts therein stated without any further proof.

The provisions of this section shall also apply to all actions in which damages are claimed, or awarded, or received, by or on behalf of an infant or person of unsound mind under the Deaths by Accidents Compensation Act, 1908.

Nothing in this section shall prejudice the lien of a solicitor for his costs.

The plaintiff’s costs in any such cause or matter or incident to the claim therein or consequent thereon shall be taxed as between party and party and as between solicitor and client, and the taxing officer shall certify the respective amounts thereof and the difference (if any). No costs other than those so certified shall be payable to the plaintiff’s solicitor.

The Public Trustee shall receive notice of such taxation, and shall be entitled to appear and be heard thereon.

In every case where the security of a loan from the Public Trustee consists of any of the classes of security mentioned in section nine of the Public Trust Office Amendment Act, 1912 (not being leases of Native land granted by the Native owners), the following provisions shall apply, anything to the contrary in this or any other Act notwithstanding:—

With respect to all special or general rates given as security for loans by the Public Trustee under paragraph (b) of section thirty-four of the principal Act, no objection shall be allowed in any Court to any such rate; and no defence shall be heard by any Court on any claim for any such rate if such objection or defence alleges any irregularity in the proceedings for pledging, making, or levying such rate, or raising such loan, or questions the purpose or object of such loan; nor shall any action or other proceedings be allowed by any Court for questioning the validity of such rate or for restraining the recovery thereof on any such ground as aforesaid.

A certificate under the hand and seal of the Public Trustee stating that the moneys mentioned therein were advanced by him on the security of any such rate shall, on being produced to any Court, be sufficient evidence of the matters therein recited, and shall operate to bar any such action or proceeding as aforesaid.

This section shall be deemed to have been in operation as from the date of the passing of the principal Act.

The power given to the Public Trustee in the principal Act to act as agent shall, as from the passing of that Act, be deemed to have included power to act as agent for the investment of money in the common fund for such period and on such terms and conditions as, consistently with the regulations for the time being in force, are agreed on between the Public Trustee and the principal and are approved by the Office Board.

Whenever under the provisions of section thirteen of the principal Act any executor or administrator with will annexed appoints the Public Trustee executor or such administrator, the Public Trustee shall, by force of such appointment, be also sole trustee if such executor or administrator were trustee, or if there were no trustee appointed by the trust instrument or in existence. This provision applies to all past appointments under the principal Act or the Acts repealed thereby.

Any executor may pay the legacy or share due to any infant into the Public Trust Office and by writing direct the Public Trustee to account to such infant according to the provisions of the trust instrument; and such writing shall vest in the Public Trustee all the powers of such executor or the trustee of such instrument (subject to the special provisions of the principal Act) in regard to such legacy or share. This provision extends to existing instruments and to past transactions.

Such executor or administrator shall furnish the Public Trustee with a copy of the trust instrument, and the Public Trustee shall act thereon.

“Executor” herein includes administrator with or without the will annexed for general, special, or, limited purposes; also any trustee.

Where any person has heretofore died or hereafter dies testate, in or out of New Zealand, leaving property the gross value of which, as estimated by the Public Trustee, does not at the time of the election hereinafter mentioned exceed four hundred pounds, and no person has obtained probate, the Public Trustee may, in all cases where he is entitled to obtain probate, in lieu of obtaining probate, file in the office of the Supreme Court at Wellington an election under his hand and seal setting forth the name, residence, and occupation (as far as then known to the Public Trustee) of the testator at the date of his death, and the property of the testator as then known, and the date of his death, and stating that after due inquiries he believes that the document annexed to such election is the testator’s last will, and that such will has been validly executed according to the law governing the execution of wills, and electing to administer the property according to the provisions thereof.

On such election being filed the Public Trustee shall be deemed to be executor of the whole property of the testator in like manner in all respects as if probate had been duly granted to the Public Trustee.

The Public Trustee shall publish in the Gazette a notice that he has made such election, and such notice shall be conclusive evidence that the Public Trustee is rightfully entitled to administer under this section.

If after filing such election the gross value of the property to be administered is found to exceed the sum of six hundred pounds, the Public Trustee shall, as soon as practicable thereafter, file in the said office of the Supreme Court a memorandum under his hand stating the fact, and proceed in the ordinary manner to obtain probate.

In this section “will” includes all codicils thereto, and “probate” includes an order to administer with will annexed, whether for general, limited, or special purposes.

Section fifteen of the principal Act is hereby amended by substituting the words “four hundred pounds” for the words “two hundred and fifty pounds” in subsection one thereof, and the words “six hundred pounds” for the words “four hundred pounds” in subsection four thereof.

In the said section fifteen “letters of administration” or “an order to administer” includes letters of administration or an order to administer for general, limited, or special purposes.

The only fee payable under the Supreme Court rules for obtaining administration under section fifteen of the principal Act or under section eighteen of this Act shall be a filing fee of three shillings.

A copy of any election under either of the sections mentioned in the last preceding subsection, certified as a correct copy under the seal of the Supreme Court, shall be equivalent to an exemplification for all purposes; and no fee under the Supreme Court rules shall be payable in respect thereof except a sealing fee of five shillings.

In addition to the powers contained in section twenty-nine of the principal Act, the Public Trustee shall have the following further powers as from the passing of that Act:—

Where the trustees of a trust estate are empowered to delegate all or any of their powers and functions to any person, they may delegate the same to the Public Trustee with his consent, and in such case the Public Trustee may exercise all the powers and functions so delegated.

The charges of the Public Trustee shall be such as are prescribed, or, in the absence of any prescription, are agreed on by the delegating trustees and the Public Trustee.

The term “trustees” includes executors, administrators, or other persons acting in a fiduciary capacity.

In every case where the Public Trustee is Commissioner of a local body’s sinking fund and the local body makes default for twenty-eight days in the full and punctual payment of any installment of sinking fund, he may recover the same with full costs of suit by action in his own name, or for the purpose of recovering the same may exercise all the powers of a Receiver as fully and effectually as if he had been duly appointed a Receiver by a Judge of the Supreme Court under the provisions of the Local Bodies’ Loans Act, 1908, or any other authority.

Where the Public Trustee is appointed Commissioner of Sinking Funds by resolution of the local body such resolution shall operate as a duly constituted contract between the local body and the Public Trustee.

This provision shall apply to all existing resolutions.

The Public Trustee may, in manner hereinafter provided, and without judicial proceedings, take the opinion of the Court upon any question arising in the course of his duties.

Any such question shall be submitted to a Judge in such manner and at such time as he may direct, and shall be accompanied by such statement of facts, documents, and other information as he may require; and the Public Trustee or any one authorized by him shall, if the Judge so desires, attend upon him at such time and place as the Judge may appoint.

The Judge may, before giving his opinion, require the attendance of, or communication with, any person interested in the estate as trustee or beneficiary, but no such person shall have a right to be heard unless the Judge otherwise directs.

The Judge shall give his opinion to the Public Trustee, and the Public Trustee shall act in accordance with such opinion, and shall, upon the request in writing of any such interested person, communicate to him the effect of such opinion.

The duty of advising upon any such question shall be assigned by the Chief Justice to a particular Judge of the Supreme Court:

Provided that in the absence or upon the request of such Judge any other Judge may act for such Judge for the purposes of this section.

The Public Trustee in acting on such opinion shall be fully indemnified.

Where the Public Trustee is administering any estate, and such estate or any part thereof cannot be distributed by reason of the fact that it is not known to the Public Trustee whether any person entitled thereto is alive or dead or where that person is, the Public Trustee may apply to a Judge of the Supreme Court by petition for directions in accordance with this section.

On consideration of such petition the Judge shall order what advertisements are to be issued, calling upon such person to send in his claim within a time to be specified in such order.

Upon proof by affidavit by or on behalf of the Public Trustee that such order has been complied with, and that such person has not sent in any claim, such Judge, or any other Judge, shall by further order authorize the Public Trustee to distribute such estate or part thereof, disregarding the claims of such person, and all persons claiming by, through, or under him, by derivative title, or otherwise howsoever.

Such further order shall exonerate the Public Trustee from any further liability in respect to such estate or part thereof so dealt with.

But nothing herein shall prejudice or affect the right of such person or persons to follow the estate or any part thereof into the hands of the persons who have received the same pursuant to such distribution.

The rule of evidence presuming death after seven years’ absence shall not apply to proceedings under this section.

The Judge may in such further order direct that the order shall not be acted on for such period, not exceeding a year from the date of the making thereof, as he thinks fit, and may direct that the order shall during that period be advertised in such manner and form as he thinks fit.

The Judge shall give directions as to how the costs of and incidental to such orders and advertising shall be borne.

Provided, however, that nothing herein shall prejudice the right of the Public Trustee (if he so desires) to distribute under any other law or statutory provision, or prejudice the protection thereby afforded when he makes distribution pursuant to such law or provision.

The Public Trustee, acting in good faith, shall not in the case of estates the net value of which does not exceed five hundred pounds be liable for accepting as correct and acting upon the faith of any written statement or statutory declaration by any person, in or out of New Zealand, whom he believes to be trustworthy, as to any birth, death, marriage, or other matter of pedigree or relationship, or other matter of fact, upon which the title to any estate or any part thereof may depend.

Subject to the provisions of the principal Act and to the terms of any particular trust, the Public Trustee may in his administration of any estate or the performance of any duty take and use professional advice and assistance in regard to any matter, and may act on credible information (though less than legal evidence) as to matters of fact.

In addition to the power given to the Public Trustee by section fifty-two of the principal Act, the following special provisions shall apply in every case where he is administering an estate:—

Moneys payable to any person in any part of British Dominions may be paid to specified official in that part.

The Public Trustee may accept for safe custody in the Head Office debentures or other interest-bearing securities for money, and also documents of title to property.

All such securities and documents shall be kept under three keys in like manner as public securities.

The Public Trustee’s liability for all such securities and documents shall, where a charge is made, be that of a bailee for reward, and, where no charge is made, be that of a gratuitous bailee.

The Public Trustee, or with his consent any Local Deputy or District Manager, may be appointed arbitrator or umpire under any submission to which the Arbitration Act, 1908, applies.

The remuneration for so acting shall be such as is prescribed or as, in the absence of any prescription, is agreed on.

The Public Trustee, with his consent, and for such remuneration as is prescribed, or as, in the absence of any prescription, is agreed on, may be appointed Receiver under any Act or instrument providing for the appointment of a Receiver, or in the exercise of the general jurisdiction of the Court.

The power conferred by section five of the Administration Act, 1908, upon an administrator to sell, lease, or mortgage real estate for the payment of debts and other liabilities mentioned in that section shall be deemed to have at all times been possessed by the Public Trustee, and the provisions of section eight of that Act shall be deemed to have at all times applied to the Public Trustee.

The following proviso is added to section thirty-four of the principal Act as from the passing thereof:—

As respects so much of the profits of the Public Trust Office as have been or may hereafter be expended in the acquisition and furnishing of office premises, no portion thereof shall be payable into the Consolidated Fund without the authority of a special Act.

For the space of ten years from the passing of this Act the whole of the net profits of the Public Trust Office (accrued and to accrue) shall be added to the Assurance and Reserve Fund:

Provided, however, as follows:—

Section forty of the principal Act shall be construed subject to this section.

Section sixty-six of the principal Act is hereby amended by omitting all the words of subsection one down to and including the words “the following course,” and substituting the words “Where the owner of land has no known agent in New Zealand, or is unknown, or cannot after due inquiry be found, the Public Trustee may adopt the following course.”

Section eighty-seven of the principal Act shall be deemed to have included, as from the passing thereof, the following power:—

Section fifty-one of the principal Act is amended as from the passing of that Act by the addition of the following subclauses:—

With the approval of the Minister of Finance the Public Trustee may from time to time establish branches and agencies of the Public Trust Office within New Zealand and appoint agents in or beyond New Zealand.

All branches and agencies now existing in New Zealand shall be deemed to have been duly established.

In order to facilitate the transaction of business in the Public Trust Office it is hereby declared that the provisions of section ninety-six of the Public Revenues Act, 1910 (relating to the safe custody of the therein-mentioned securities), shall not apply to documents of title (not being debentures, bonds, or mortgages) held by the Public Trustee.

All such documents of title shall be kept in safe custody in such manner as the Public Trustee directs, and may be produced or parted with by his authority as and when he thinks proper in the conduct of the business of the Public Trust Office.

The words “medical charges” in paragraph (c) of subsection one of section forty-nine of the principal Act shall, as from the passing thereof, be deemed to have included reasonable hospital and maintenance expenses in any public hospital, institution, or asylum supported in whole or in part from local rates or public funds:

Provided that nothing herein contained shall create any liability on the Public Trustee in respect of any transaction prior to the passing of this Act.

Every member of the staff of the Public Trust Office, every agent of the Public Trustee, and every member of the Office Board shall be bound to secrecy by declaration in the prescribed form.

Where in any conveyancing transaction between the Public Trustee and any person the Office Solicitor acts for both parties, or where he acts in any matter incidental to his duties, the liability which the Office Solicitor would incur if he were practising on his own account shall be borne by the Public Trust Office, and this provision shall apply to past transactions.

Where by reason of the negligence of any member of the staff of the Public Trust Office any money loss is incurred or any extra payment has to be made, the amount involved may, with the approval of the Minister of Finance, be charged to profit and loss without further appropriation than this Act.

Any officer of the Public Trust Office who is authorized by the Public Trustee in writing in that behalf may make any oath or declaration required to be made by the Public Trustee, under the rules of any Court or otherwise, or verify any account and give personal attendance in any Court in lieu of the Public Trustee so acting.

The Public Trustee may authorize in writing any officer of the Public Trust Office to execute transfers and assurances of any real or personal property, sign any documents to be filed in any Court requiring the Public Trustee’s signature, or give consents or sign any other documents or instruments requiring the signature of the Public Trustee.

Such officer shall sign his personal name, adding the words “acting under the authority of the Public Trustee pursuant to section forty-four of the Public Trust Office Amendment Act, 1913,” and affix the Public Trustee’s seal of office in cases requiring the use of such seal.

Such authority may either be general or apply to a particular case.

Any such transfer, assurance, consent, document, or instrument executed as aforesaid by an officer so authorized shall have the same effect as if the same were duly executed by the Public Trustee.

No person shall be concerned to inquire whether such officer is duly authorized, and such officer’s signature shall be judicially taken notice of without further proof.

The Public Trustee may at any time require a statutory declaration or other sufficient evidence that a person is alive and is the person to whom any money or property is payable or transferable, and may refuse payment or transfer until such declaration or evidence is produced.

The Governor in Council may from time to time make regulations for any of the following purposes:—

All such regulations shall be gazetted, and shall come into force on the date named therein, being not earlier than the date of the Gazette.

The Minister of Finance shall cause to be prepared in the month of April in each year (commencing with the year nineteen hundred and fourteen) a report of the operations of the Public Trust Office during the preceding financial year, and shall lay the same before Parliament within ten days after the receipt thereof if Parliament is then sitting, or if not, then within ten days after the commencement of the next ensuing session.