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Māori trustees and committee of management members are responsible for caring for and managing whenua on behalf of landowners (beneficial owners and beneficiaries). Landowners nominate trustees and elect committee of management members who are then confirmed and appointed by a judge or registrar.

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The role of a trustee

The role of trustees is to make decisions that benefit current landowners and future generations, while achieving aspirations for the whenua.

In order to run and progress a trust effectively, trustees must know the whenua and people and have the time and energy to fulfill trustee duties.

Becoming a trustee is a big commitment. While it can be difficult and time-consuming, it can also be very rewarding.

Your key duties as a trustee are to:

  • continue to grow the value of the land or shares without creating significant costs
  • protect the assets of the trust.

Trustee responsibilities can include:

  • researching options for the whenua on behalf of owners
  • attending regular trustee meetings to discuss and debate plans for the trust
  • communicating with owners and organising hui for owners or trustees to discuss plans for the whenua
  • visiting the whenua regularly to check on the wellbeing of the land, and
  • working with people involved in the whenua or trust, such as a lessee, accountant, or management team.

A person is unlikely to be appointed by the Court as a trustee if:

You are under 18 years old, or if have been:

  • declared bankrupt or you are a bankrupt or a director of a company that is being shut down because of bankruptcy
  • subject to a No Asset Procedure administration by the official assignee
  • convicted of a crime involving dishonesty or fraud
  • removed from a trust or incorporation by us or any other court for misconduct in the management of a trust or incorporation, or
  • unable to manage their own affairs due to age or mental/physical disability.

Trustee duties

  • As a trustee you need to know:

    • what is being administered by the trust (any land or other assets of the trust)
    • the terms of trust (your powers and responsibilities under the trust order)
    • all the issues affecting the trust.

  • You must act lawfully and for a:

  • You must be impartial in your approach and treat all beneficiaries with the same degree of fairness regardless of who they are or the number of shares they have.

    Your decisions must be made in the best interests of all the beneficiaries or shareholders.

  • Any investments you make must be done in accordance with the powers you may have under your trust order or regulations, and need to be well thought out and prudent.

    The government does not guarantee any investments you make. You are accountable to your beneficiaries or shareholders for all investment decisions and you should seek independent financial advice before making any large investments.

  • You are required to act with the same care, diligence, prudence and good judgment expected of business people managing the affairs of others.

  • You can only delegate your responsibilities if your trust order or regulations allow, or to the extent allowable under the Trust Act 2019.

    You are however able to employ professionals to assist the trust if required.

  • You must work together with any other trustees appointed for your trust. Whilst you can act by majority, you all share equally in any decisions made by the trust, good or bad.

  • You can’t benefit personally from being a trustee. In some cases a trust order or regulation will allow a trustee to receive reasonable reimbursement for expenses they incur in their role as a trustee – they may also provide that a meeting fee or honoraria be paid.

    Any meeting fees or honoraria need to be approved by us so we can ensure that you have the broad support of your beneficiaries or shareholders, and that the business of the trust can afford to make such payments.

  • You must ensure that the funds received for the trust are applied for the benefit of the shareholders or beneficiaries of that trust.

  • You must keep good financial and administration records for the trust. Shareholders and beneficiaries may access records or any other information about the trust and you must be able to provide information upon request.

  • You must declare any real or potential conflicts of interest you may have in your role as a trustee. This includes any discussion or decision being made for the trust that could affect you personally, in which you have an interest or affects any employment or funds you may receive.

    You should declare your conflict to the other trustees and not take part in any discussion or decision that could affect your interests.

  • You must keep your shareholders or beneficiaries regularly informed about the financial position and performance of the trust.

    You should also undertake appropriate consultation about major policy issues affecting the trust or of any major undertakings that the trust may be looking to participate in.

  • To ensure that your trust complies with the law, you need to be aware of which laws apply. There are two main pieces of legislation to consider: the Trusts Act 2019 and the Te Ture Whenua Māori Act 1993.

    Other pieces of legislation a trust and trustees may have to follow include:

Trustee training

We offer regular and free training in person and online to help trustees better understand their duties, legal obligations, and how to run trusts successfully.

You can attend a session if you are a newly appointed trustee, if you are thinking about becoming a trustee, or if you would like to refresh your knowledge.

If you would like to know more about trustee training, the work of a trustee or the duties of a trustee, you can make an enquiry in Pātaka Whenua.

Ngā raumei
Resources

Download printable versions of our trustee resources.

Ko ā te tarahati haepapa
Your trust's responsibilities

Read about the responsibilities of Māori land trusts on Tupu.nz. 

Ngā whakangungu kaitiaki tuihono
Upcoming trustee training

Find out when the next trustee training is happening in person and online.