✨ Public Trust Office Regulations
308
THE NEW ZEALAND GAZETTE.
[No. 15
-
There shall be a seal of the Public Trust Office, which
shall be of a circular form, of the diameter of two inches,
having the Royal arms in the centre, and around the same
the words "Public Trust Office, New Zealand," in Roman
letters, one-eighth of an inch in length. -
The seal at present in use shall be deemed to be the
seal recognised by these regulations; and a new seal may
be made, with the consent of the Colonial Treasurer, as
occasion shall require. -
The said seal shall be kept at the Public Trust Office,
and in the custody of the Public Trustee; but shall be kept
under lock, and shall only be opened by and in the presence
of two members of the Board (of whom the Public Trustee
shall be one), and each such member shall keep a key of the
lock of such seal. -
Full minutes of all proceedings of the Board shall be
recorded in minute-books, which shall be kept under the
direction of the Board, and shall, either at the meeting
when the business is done, or at the next succeeding meet-
ing, be confirmed by the Board, and, when confirmed, shall
be signed by the Chairman at such meeting, and shall be
receivable as prima facie evidence of the various matters set
forth in such minutes. -
The minutes of meetings of the Board held under the
provisions of "The Native Reserves Act, 1882," shall be kept
in both the English and Maori languages, and the latter shall
be certified by a competent interpreter to be a true translation
of the former; and all such minutes, and all proceedings of
the Board connected therewith, shall be interpreted by the
same or some other competent interpreter to the Native
members of the Board present at such meeting. -
When it is desired to place property in the Public
Trust Office under the 17th section of "The Public Trust
Office Act, 1872," by deed, will, or other instrument, written
application shall be made to the Public Trustee, stating the
nature of the property proposed to be dealt with, and de-
scribing shortly the trusts and powers declared and conferred
respecting such property. -
When the trusts and powers respecting any property
cannot be conveniently expressed in a written application,
a draft of the proposed deed, will, or other trust instrument
shall accompany the same, and shall be submitted to the
Board, who shall consider such draft, and may make or
suggest alterations therein or additions thereto; but the
Board shall not formally accept the trusts set forth until the
due execution or completion of such deed, will, or other
trust instrument, -
If the Board is of opinion that the property intended
to be placed in the office, and the trusts and powers pro-
posed to be vested in and conferred on the Public Trustee,
are such as can be administered by him in accordance with
law, the Board may accept such property upon the trusts and
powers agreed to by it; but in the case of a will the trusts
thereof shall only be accepted in the manner prescribed by
"The Public Trust Office Act, 1872." -
The Board may at any time accept the trusts of any
property if satisfied that the law has been complied with,
without preliminary consideration of a draft deed, will, or
other instrument. -
It shall be the duty of the Public Trustee to cause all
notices as to the acceptance or rejection of the trusts pro-
posed to be vested in the Public Trustee by any deed, will,
or other instrument to be given or published as the law
requires. -
When it is proposed to lend any money on security of
real estate, the Board shall not agree to such loan until a
valuation of the security made by a valuer or valuers, ap-
pointed or approved by the Public Trustee, has been obtained.
No such security shall be taken except on first mortgage
of land held in fee-simple in possession, and no moneys shall
be lent which shall exceed one-half of the value of the pro-
perty to be mortgaged. -
Nothing in the last preceding regulation shall inter-
fer with or control any powers of investment given to the
Public Trustee under any deed, will, or other trust instru-
ment, which may expressly direct or authorise investments of
a different nature or value than those mentioned in the said
regulation. -
Wherever the Public Trustee is entitled to any charge
under the scale hereinafter set forth, he may deduct the
same from any funds then in his hands or under his control,
and belonging to the estate or person by which or by whom
such fee or charge is payable. -
The Public Trustee shall from time to time, at
convenient intervals, not exceeding six calendar months
at any one time, render accounts showing the position
and state of every property held under will or other
express trust in the Public Trust Office to every person
who is entitled thereto or interested therein; and all such
accounts shall be so rendered free of all charge: Pro-
vided that if any person shall require extra copies of such
accounts, or a copy thereof at any other time than the fixed
period for rendering the same, such person shall pay the
charge prescribed in respect thereof: Provided also that
the Public Trustee shall have the sole discretion as to who
is or are the proper person or persons to whom such accounts
shall be rendered.
- In special cases the Public Trustee may agree to re-
duce any charge authorised by or under the scale of charges
hereinafter set forth, but the agreement to reduce shall be
made upon the estate being placed in the office, and must be
approved by the Board.
SCHEDULE OF CHARGES TO BE MADE BY THE PUBLIC
TRUST OFFICE.
The following fees and sums of money shall be charged as
the cost of management of property and estates placed in the
Public Trust Office or under the control of the Public Trus-
tee, and upon all moneys received in the said office :—
(a.) Being the gross proceeds of any testate
estate or of any trust estate realised by
the Public Trustee,—
On the first £1,000 .. .. £5 per cent.
On the next £3,000 .. .. £4 per cent.
On the next £6,000 .. .. £3 per cent.
On all over £10,000 .. .. £2 per cent.
(b.) Being the gross proceeds of any in-
testate estate realised by the Public
Trustee,—
On the first £250 .. .. .. £7 per cent.
Above £250 .. .. .. £5 per cent.
(c.) Being the gross rents, profits, income, or
proceeds of or from any real property ad-
ministered for the benefit of the absent
heir or owner under section 20 of "The
Public Trust Office Act Amendment
Act, 1873," or taken possession of under
section 10 of "The Public Trust Office
Act, 1876" .. .. £5 per cent.
(d.) Being the gross income, profit, and pro-
duce of moneys, properties, or estates
vested in the Public Trustee by or
under statute or regulations, or by will,
deed, or other trust instrument not
otherwise specially charged .. .. £5 per cent.
(e.) Being the gross proceeds of any luna-
tics' estate managed under the provi-
sions of "The Lunatics Act, 1882" .. £5 per cent.
(f.) Being the gross produce of rents or
income received from and under the
administration of any lands pursuant
to the provisions of "The Native Re-
serves Act, 1882," or its amendments.. £5 per cent.
(g.) To be deducted from or charged against
the value of movable or immovable
property bequeathed, devised, or taken
over in kind by the person entitled
thereto; such value to be ascertained
by a competent valuer to be appointed
by the Public Trustee; such charge to
be paid by the person to whom the pro-
perty is bequeathed or devised, unless
a contrary intention is declared in the
trust instrument,—
On the first £1,000 of such value .. £2½ per cent.
On the next £3,000 .. .. £2 per cent.
On the next £6,000 .. .. £1½ per cent.
On all over £10,000 .. .. £1 per cent.
(h.) On all sums lodged in the Public Trust
Office under or in pursuance of the
provisions of any Act, rule, or law in
that behalf at the time of lodging the
same: Provided that, in any case
where, in the opinion of the Public
Trustee, it would be inequitable that
the charge hereby made should be paid
on lodging the money, the same may
be postponed until such money is paid
out of the Public Trust Office, when the
said charge shall be deducted from
such money and all accumulations
thereof (if any) .. .. .. £1 per cent.
(i.) For any application to the Court relat-
ing to any property in the Public Trust
Office (other than for grant of probate
or administration), where the Public
Trustee or the office solicitor moves
in person .. .. .. .. .. .. £2.
Provided that, in any matter of
minor importance, or in a small estate,
this fee may be reduced to any sum
not less than .. .. .. £1
Next Page →
✨ LLM interpretation of page content
💰
Regulations and Fees for Public Trust Office
(continued from previous page)
💰 Finance & Revenue27 February 1888
Public Trust Office, Regulations, Fees, Management, Investment, Security, Native Reserves
NZ Gazette 1888, No 15