✨ Public Trust Office Regulations
128
THE NEW ZEALAND GAZETTE.
[No. 5
Trust Office to every person who is entitled thereto or in-
terested therein: and all such accounts shall be so ren-
dered free of charge. 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: Pro-
vided also that the Public Trustee shall have the sole dis-
cretion as to who are the proper persons to whom such
accounts shall be rendered.
14. For the purposes of section 29 of the Act, the interest
payable to the respective estates on moneys which shall
form the common fund shall be computed at the following
rates:—
(1.) Where the moneys arising from one estate do not ex-
ceed £3,000, £5 per cent. per annum.
(2.) Where the moneys arising from one estate are in ex-
cess of £3,000, £5 per cent. per annum on an amount not
exceeding £3,000, and £4 per cent. per annum on any
amount in excess of £3,000.
Provided always,—
(a.) That, where moneys are paid to the Public Trustee,
or into the Public Trust Office, for the purpose of being
forthwith paid to the persons entitled, then no interest shall
be payable thereon; and where any question shall arise
whether any moneys come under this provision, the decision
of the Public Trustee shall be conclusive.
(b.) That where moneys in the Public Trustee's Account,
forming part of a testate or intestate estate, are not payable
as mentioned in paragraph (a), but are payable, or should
be distributed, invested, or otherwise disposed of in the due
course of administration, then so soon as the Public Trustee
has or should in the due course of administration have
ascertained what is the net balance to be paid, distributed,
invested, or otherwise disposed of, interest shall thereafter
be payable on such balance as follows:—
At the rate of £4 per cent. per annum in respect of intes-
tate estates for all sums of £50 and upwards; and in respect
of testate estates, after the rates provided by paragraphs
(1) and (2) aforesaid; Provided, further, that this limitation
shall not apply to the rate of interest payable to persons en-
titled under intestacy where such persons are minors, and
such persons shall be entitled to the rates of interest as pro-
vided by paragraphs (1) and (2) hereof on all sums of £20
and upwards.
Interest shall be computed on every complete pound from
the first day of the month following the day of the receipt
of such moneys into the Public Trustee's Account up to
the first day of the calendar month in which the capital or
interest or both is paid to the person entitled, and shall be
allowed clear of any charges for the receipt or collection
thereof.
Interest shall only be payable on the capital, and shall
not be computed upon interest unless where such interest is
expressly directed to be accumulated and form part of the
capital, and then only on an amount of £20 and upwards.
No capital moneys paid into the Consolidated Fund under
section 76 of "The Public Revenues Act, 1891," shall be
deemed to have borne interest while the same remained in
the Public Trust Office.
15. Where as attorney or agent the Public Trustee is
authorised to invest moneys upon securities, but such
moneys do not form part of the common fund, then the
Public Trustee shall pay to the Principal the interest
arising from such investments, which the Public Trustee
may receive.
No money received or collected by the Public Trustee as
agent or attorney which is not expressly directed in writing
to be invested shall bear interest.
Any money received or collected by the Public Trustee as
attorney or agent which is expressly directed to be invested,
and would form part of the common fund, shall bear such
rate of interest only as shall from time to time be agreed upon
between the Public Trustee, with the consent of the Board and
the Principal. The Public Trustee, with the consent of the
Board, may enter into such agreements with the Principal
as to the rate of interest, the periods when such interest
shall be payable, and as to the time for the repayment of
the capital, as may be agreed upon: Provided always that
no greater rate of interest shall be payable under any such
agreements than such as is provided by sub-paragraphs (1)
and (2) of paragraph 14 of these regulations.
16. The custody of the moneys in the Public Trustee's
Account shall be intrusted to the Bank of New Zealand,
hereinafter referred to as "the bank."
17. The withdrawal of moneys from the Public Trustee's
Account shall be effected by cheques upon such account,
signed by the Public Trustee, and countersigned by the
Chief Clerk of the Public Trust Office, or, in his absence,
whether temporary or permanent, by the Accountant.
18. The manager of the bank shall make up daily, at the
close of business, the pass-book of the Public Trustee's
Account, and send the same to the Public Trustee, and
at the same time send to the Auditor-General a statement
showing the total receipts into, payments out of, and the
balance of such account at the close of each day.
19. The Public Trustee shall keep a cash-book, which shall
be made up daily, and in which shall be entered the receipts
and payments made by or reported to the Public Trustee.
20. The Public Trustee shall keep the following separate
accounts:—
(a.) A "Profit and Loss" or "Expenses Account," which
shall be charged with all salaries and other ex-
penses incurred in the general management of the
Public Trust Office, and the interest allowed to the
properties placed in such office; and shall be
credited with all fees, interest on investments, and
other moneys paid into the Public Trustee's Ac-
count, but not belonging to or forming part of any
property placed in the Public Trust Office.
(b.) An account showing in detail the receipts and pay-
ments made on account of each separate property
placed in the Public Trust Office.
21. Any moneys payable to the Public Trustee's Account
may be lodged for credit of that account with such Post-
Masters as the Postmaster-General may authorise and the
Public Trustee may direct; and the amount of such lodg-
ments shall be transferred by the Postmaster-General to the
credit of the Public Trustee's Account as often as the Public
Trustee and the Postmaster-General may arrange.
22. The amounts payable within the colony out of the
Public Trustee's Account may be forwarded by the Public
Trustee to the Postmaster-General for payment by the Post-
Masters at such towns or places in the colony as the Public
Trustee may request, and the Postmaster-General may
direct, to make such payments.
23. It shall not be necessary that any claims which, in the
opinion of the Public Trustee, are correct and payable out of
the Public Trustee's Account shall be audited before they are
paid, otherwise than by an officer of the Public Trust
Office, appointed to examine and audit such accounts.
24. Every claim upon the Public Trust Office must be made
in the form required by the Public Trustee.
25. Where any moneys are payable to any person unable
to sign his name, then no such payment shall be made ex-
cept upon a receipt purporting to bear the mark of the per-
son entitled to receive the money, and attested by some
adult person other than the paying officer. It shall not be
necessary for the Public Trustee, unless he thinks proper, to
inquire whether such person is an adult or not, and not-
withstanding that such person may afterwards be discovered
not to be an adult person, the receipt shall be valid.
26. A claimant may authorise by a special or general
order, in such form as may from time to time be ap-
proved of by the Public Trustee, that any payment
may be made to any other person. The special order
shall be on or attached to the claim. In the case of
a general order it shall be sufficient if such general order
is sent to the Public Trustee; and, notwithstanding that
such general order may be revoked by death or other-
wise, any payment made pursuant thereto shall be good and
valid unless prior to the payment the Public Trustee shall
have received actual notice in writing of such death or revo-
cation. The provisions of Regulation 25 as to attestation
of receipts shall, mutatis mutandis, apply to such orders.
27. Where a Native gives a special or general order it
shall purport to be attested by a licensed Native inter-
preter, appointed under any law relating to the licens-
ing of Native interpreters, who shall certify in attesting
that he has explained the order to the Native, and
the Native understood it: Provided that the Public
Trustee may dispense with any such attestation. It shall
not be necessary for the Public Trustee, unless he thinks
proper, to ascertain whether the person so attesting is a
licensed Native interpreter or not, and notwithstanding that
it may afterwards be discovered that the person attesting
was not a licensed Native interpreter, the order, and all acts
and things done thereunder, shall be valid.
28. One month's pay at an annual salary must be calcu-
lated at one-twelfth of such salary. Pay for a period less
than a month must be computed by multiplying the month's
pay by the number of days in such period, and dividing it by
the number of days in the month.
29. Where wages or allowances are fixed by the day, the
total number of days within the period must be taken, unless
it is stated that the working-days only are to be allowed.
30. The officer or agent authorised to pay a claim on the
Public Trust Office must be satisfied before paying it that
the applicant for payment is entitled to receive the amount,
and that any necessary document has been produced.
31. No claim on the Public Trust Office shall be paid until
it has been, to the satisfaction of the Public Trustee, or the
paying agent, proved and certified to be correct, as may be
required by the Public Trustee, and receipted by the claimant
or by the claimant's duly-authorised agent, and until the
signature of the payee has been attested when such attesta-
tion is required by the Public Trustee.
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Regulations for Public Trust Office
(continued from previous page)
💰 Finance & Revenue23 January 1895
Public Trust Office, Regulations, Trustee, Property, Administration, Trusts, Estates, Bank, Accounts, Interest, Payments, Claims, Postmasters, Native Interpreters, Salaries, Wages, Attestation
NZ Gazette 1895, No 5