Except as specifically provided in this Act, the provisions of this Act shall, so far as they are capable of doing so and with all necessary modifications, extend and apply to any case in which the Public Trustee is acting, or is appointed to act, or proposes to act, jointly with another person; and references in this Act to the Public Trustee shall, so far as they are capable of doing so, be deemed to include references to the Public Trustee and the person or persons with whom the Public Trustee is acting, or is appointed to act, or proposes to act:

“Provided that nothing in this section shall restrict the jurisdiction of any Court in relation to the granting of administration or the making of any other order.

Every reference in this Act to an estate administered in the Public Trust Office shall be deemed to extend to and include any estate in respect of which the Public Trustee is acting jointly with another person in any of the offices or positions mentioned in subsection (1) of section 43 of this Act.

The following provisions of this Act shall not confer any powers, authorities, functions, or prerogatives on any person or persons acting jointly with the Public Trustee:

Subsection (1) of this section shall not extend or apply to sections 61, 62, 63, and 65, Part V, and sections 113, 118, and 119 of this Act.”

With the consent of the Supreme Court, and subject to the approval of the appointee or appointees being obtained thereto:

Where, pursuant to subsection (1) of this section, any executor or administrator with a will annexed appoints the Public Trustee as executor or administrator, or appoints the Public Trustee and any other person or persons as co-executors or co-administrators, the appointee or appointees shall, by virtue of the appointment, be also the sole trustee or co-trustees (as the case may be) in all cases where the executor or administrator was trustee, or where there was no trustee appointed by the trust instrument or in existence at the date of the appointment under this section. The provisions of this subsection shall apply to all appointments made under this Act before or after the commencement of this section, or made before the commencement of this Act under any Act repealed by this Act.

Where there are more executors or administrators or trustees or persons having power to appoint a trustee than one, any one executor (whether before or after proving a will), any one administrator, or any one trustee, or any one of those persons having power to appoint a trustee, may, with the consent of the proposed appointee or appointees, apply to the Supreme Court to have the Public Trustee appointed as sole executor, administrator, or trustee, or to have appointed as co-executors, co-administrators, or co-trustees the Public Trustee and any other person or persons, whether or not the other person or persons include all or any of the executors or administrators or trustees or persons having power to appoint a trustee.

On any application to the Supreme Court under this section, the Court shall have power to make such order as it thinks fit.”

In any case where the Public Trustee and any other person or persons are entitled to elect to administer the estate of a deceased person, the provisions of sections 75 and 76 of this Act shall be read and construed so as to permit a District Public Trustee who is authorised by the Public Trustee so to do or his deputy to join in the execution of an election to administer or of any memorandum required to be filed pursuant to subsection (6) of section 72 or subsection (3) of section 73 or subsection (1) of section 76 of this Act. The execution of the election to administer or memorandum by such other person or persons shall not require to be attested in any way.

A statement in an election to administer to the effect that any executor or co-executor has died or is unable or unwilling to act or has not made application for probate in New Zealand shall in the absence of evidence to the contrary be accepted by all Courts, officers, and persons, whether acting under any Act or not, as sufficient evidence thereof without any other proof whatsoever.”

The remedy against the Public Trustee in his corporate capacity and the indemnity afforded by section 136 of this Act shall not extend to any injury or loss occasioned by or arising out of any act or thing done or omitted by a person acting jointly with the Public Trustee in any of the offices or positions mentioned in subsection (1) of section 43 of this Act except to the extent that the Public Trustee or any officer of the Public Trust Office has contributed to, or could by the exercise of reasonable diligence have averted, that injury or loss.

For the purposes of this section, the expression ‘officer of the Public Trust Office’ means an officer, employee, agent, or representative of the Public Trust Office duly appointed under section 6 or section 8 of this Act.”