Te arotake, te whakarerekē rānei i tō tarahiti
Review or change a trust

Trusts should be reviewed regularly to ensure they are operating according to the trust order and that the trustees are working to a high standard. We recommend you complete a review every three years, as it provides valuable insight about how the trust is running and can identify areas of improvement. When you submit an application, you’ll need to include information about the trust and trustees. The Court will review:

• day-to-day management of the trust
• financial management of the trust
• documentation of the trust, and
• the terms of the trust.

If everything is in order, the review will be confirmed with agreement reached for the time for the next review.

If the Court has concerns, the Judge may ask for more information about activities and decisions being made. They may also call an owner hui where, if necessary, trustees will be replaced or elected.

Apply online

Download the application form

The beneficiaries of a trust can apply to partially (where some interests are re-vested to owners and descendants) or fully terminate a trust (where all interests or land are re-vested to owners and descendants).

To terminate a trust, you will need support from majority of the beneficiaries. In your application you’ll need to provide:

• written consents of the trustees
• written consents of the beneficiaries
• evidence of a properly notified meeting(s) held to terminate the trust, and
• a schedule of land to be removed from the trust and to who those shares will be transferred

If you apply to terminate a trust which was set up under section 132(6) of Te Ture Whenua Māori Act (Māori customary land being managed by another Māori land trust), the land must be vested in another trust. This trust will hold the land for the beneficial owners, hapū, iwi, or Whenua Topū trust.

Apply online

Download the application form

Trustees must manage any land or interests as set out in the terms of the trust order.

As a trustee or beneficiary, you can apply to change the terms of your trust to limit, extend, or clarify any powers and responsibilities the trust is managed under.

To apply to change the terms of your trust, you’ll need to include:

• a list of proposed changes
• evidence of any meetings called to consider the proposed changes, and
• evidence to show sufficient support for the proposed changes.

Apply online

Download the application form

If a trust, company, accountant, government agency, Māori Trustee, or other person is holding money you've received from Māori land, you can apply to get this money paid to you. This is referred to an ‘order of payment’.

Payment orders are often made during a succession, when we become aware that money is being held.

To apply for an order of payment, you will need to provide:

• evidence of funds held in trust, how much and by whom
• evidence that the funds are held in trust for you or the beneficiaries, and
• persons entitled to that payment.

Apply online

Download the application form

The first step to resolving concerns regarding trustees is to talk with them and discuss the issues. This process is set out in the trust order.

You can submit an application to enforce the obligations of the trustees if you're unable to resolve the issues with them and you think the trustee's actions may have serious consequences for the trust. But before doing this, we recommend you get independent legal advice.

Community Law - Free legal help

In your application, you’ll need to provide evidence that the trustees have been acting in a way that breaches their trust order. If the judge finds sufficient evidence to proceed, they may require the trustees to provide a report or to appear in court for questioning.

Apply online

Download the application form

You can apply to add, reduce, or replace trustees at any time. 

You will need to provide:

• evidence of meetings held (including the notice) to add, reduce or replace trustees and the meeting minutes
• resignations (if any) for existing trustees
• evidence that a trustee or trustees have passed away

The person(s) being becoming a trustee will also need to complete a trustee consent form to indicate that they consent to the appointment.

Apply online

Download the application form

Download the trustee consent form

Trustees can be removed for a variety of reasons.

There are certain circumstances that may prevent a person from being an effective trustee, for example:

• the trustee is convicted of an offence involving dishonesty
• their location and contact information is unknown, or
• the trustee is legally prohibited from being a director/promoter or taking part in the management of a company or incorporated/unincorporated body under the Companies Act 1993, Financial Markets Conduct Act 2013, or the Takeovers Act 1993.

Under the of the Protection of Personal and Property Rights Act 1988, trustees can also be removed if they are no longer capable of carrying out their duties and:

• are subject to an order appointing a manager under section 31, or
• are a trustee corporation managing the trustee's property under section 32 or 33.

The trustee can also be removed if they:

• repeatedly refuses or fail to act as trustee
• become an undischarged bankrupt
• are a corporate trustee that is subject to an insolvency event, or
• are no longer suitable to hold office as trustee because of their conduct or circumstances.

If you want to remove a trustee, you’ll need to provide:

• evidence of any meetings called to remove the trustee(s) and the attendance and minutes, and
• the details of the trustee or trustees who should be removed and the reasons why.

Apply online

Download the application form