✨ Public Trust Office Regulations
Mar. 26.] THE NEW ZEALAND GAZETTE. 1163
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The Complaint Book shall be laid before the Office Board at every meeting of that Board.
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The Public Trustee shall lay before the Office Board at every meeting thereof a record of all securities which have not been completed within two months after final approval.
INTEREST PAYABLE ON MONEYS IN THE COMMON FUND.
- For the purposes of section 32 of the principal Act, the interest payable to the respective estates on moneys which form part of the common fund shall be computed at the following yearly rates:—
Class I.—On capital moneys belonging to a testate or intestate estate, or held under any deed of trust or settlement, or as custodian trustee, or as Commissioner of sinking funds of local bodies,—
(a.) Whilst held for minors or persons under disability, or for beneficiaries not entitled to payment at call, or (in the case of sinking funds) whilst held for payment of debentures—4½ per cent. on the first £6,000 and 4¼ per cent. on the excess.
(b.) Whilst held payable in the ordinary course of administration for distribution or at call—3 per cent.
The Public Trustee shall fix the date on which any sum passes from (a) to (b).
Class II.—On capital moneys received as attorney or agent (including capital money received as agent for investment in the common fund)—such rate as is agreed on, not exceeding the rate in Class I (a). In the absence of an agreement no interest shall be payable. In the case of investment agencies for a fixed period, the rate for the whole period may be any rate not exceeding the rate current under Class I (a) at the commencement of the period.
Class III.—On capital moneys belonging to estates held or administered under the Lunatics Act, 1908, the Mental Defectives Act, 1911, the Aged and Infirm Persons Protection Act, 1912, or Parts II or III of the principal Act (Unclaimed Lands and Unclaimed Property)—if held at call, 3 per cent.; if not at call but actually held for not more than twelve months, 3 per cent.; if not at call but actually held for more than twelve months, 4 per cent.
Class IV.—On capital moneys received as superannuation contributions, or salary deductions, or National Provident contributions under the Civil Service Act, 1908, the Government Railways Act, 1908, the Police Force Act, 1908, the Public Service Classification and Superannuation Act, 1908, the Post and Telegraph Act, 1908, the Education Act, 1908, the Local Authorities Superannuation Act, 1908, or the National Provident Fund Act, 1910—the same rates as under Class I (a).
Class V.—On capital moneys received under any other Act—on all sums of £10 and upwards, the same rates as under Class III. No interest shall be paid on any capital sum of less than £10.
- The last preceding clause (14) shall be construed subject to the following special provisions:—
(1.) In cases under Class I, II, or III the Public Trustee shall fix the date on which interest payable by him shall begin to accrue, and such interest, if it is to be capitalized, shall be capitalized yearly on the 1st day of April, and until so capitalized shall not bear interest.
(2.) In computing for purposes of interest the capital moneys belonging to any estate, sums received by the Public Trustee from rents, dividends, interest, and other miscellaneous outside sources (if to be capitalized) shall be capitalized half-yearly on the 1st day of April and the 1st day of October, and until so capitalized shall not bear interest.
(3.) All interest payable by the Public Trustee in respect of the capital of any estate shall be computed on the daily balance of capital.
(4.) Before unclaimed moneys are paid into the Consolidated Fund under the Public Revenues Act, 1908, all accumulations of interest, if any, thereto-fore credited by the Public Trustee under clause 14 hereof, or the corresponding provisions of any former regulations, shall be deducted, and the amount paid in shall be the net amount actually received by the Public Trustee, less his charges.
FINANCE AND ACCOUNTS.
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The custody of the moneys in the Public Trustee’s Account shall be entrusted to the Bank of New Zealand (or other the bank at which the Public Account is kept), hereinafter referred to as “the bank.”
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(1.) The withdrawal of moneys from the Public Trustee’s Account, at Wellington, shall be effected by cheques signed by the Public Trustee, and countersigned by the Accountant or such other officer in Wellington as the Public Trustee from time to time authorizes, either generally or specifically.
(2.) The manager of the bank shall make up daily, at the close of business, the pass-book of the Public Trustee’s Account in Wellington, and send the same to the Public Trustee, and at the same time send to the Controller and Auditor-General a statement showing the total receipts into, and payments out of, and the balance of such account at the close of each day.
- (1.) The Public Trustee may from time to time cause branch accounts of the Public Trustee’s Account to be kept with the bank in any town where a branch of the Public Trust Office is established.
(2.) Each such branch account may be operated on either as mentioned in clause 17 hereof or by cheques signed by the local Deputy or District Manager in charge of the local office, and countersigned by the Accountant or such other officer of the local office as the Public Trustee from time to time authorizes, either generally or specifically.
- (1.) 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 at the Head Office.
(2.) The provisions of this clause shall, mutatis mutandis, apply to each local Deputy and District Manager and agent of the Public Trustee.
- (1.) In addition to the accounts required by the principal Act the Public Trustee shall keep the following separate accounts:—
(a.) An account showing in detail the receipts and payments on account of each separate estate in the Head Office.
(b.) Such other accounts as the Minister directs or the Public Trustee thinks fit.
(2.) Each local Deputy, District Manager, and agent of the Public Trustee shall keep such books and accounts and furnish such returns as the Public Trustee directs.
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Any moneys payable to the Public Trustee’s Account may be lodged for credit of that account with such Postmasters as the Postmaster-General authorizes and the Public Trustee directs and the amount of such lodgments 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 arrange.
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(1.) Moneys payable within the Dominion out of the Public Trustee’s Account may be forwarded by the Public Trustee to any of his local Deputies, District Managers, or agents, who shall pay the same in accordance with the Public Trustee’s directions.
(2.) Such moneys may also be forwarded by the Public Trustee to the Postmaster-General, for payment by the Postmasters at such towns or places in the Dominion as the Public Trustee requests, and the Postmaster-General directs.
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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.
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Every claim upon the Public Trustee shall be made in the form required by the Public Trustee.
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(1.) Where any moneys are payable to any person unable to sign his name, then no such payment shall be made except upon a receipt purporting to bear the mark of the person entitled to receive the money, and attested by some adult person other than the paying officer.
(2.) The attestation shall state that the receipt was read over and explained to the person making his mark.
(3.) It shall not be necessary for the Public Trustee, unless he thinks proper, to inquire whether such person is an adult or not, and, notwithstanding that such person may afterwards be discovered not to be an adult, the receipt shall be valid.
- (1.) A claimant may authorize by a special or general order, in such form as is from time to time approved of by the Public Trustee, that any payment may be made to any other person.
(2.) The special order shall be on or attached to the claim.
(3.) In the case of a general order it shall be sufficient if it is sent to and received by the Public Trustee.
(4.) Notwithstanding that any general or special order is revoked by death or otherwise, any payment made pursuant thereto shall be good and valid, unless prior to the payment the Public Trustee has received actual notice in writing of such revocation.
(5.) The provisions of clause 25 hereof as to attestation of receipts shall, mutatis mutandis, apply to all such orders.
- (1.) Where a Native gives a special or general order is shall purport to be attested by a licensed Native interpreter, 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.
(2.) It shall not be necessary for the Public Trustee, unless he thinks proper, to ascertain whether the person so attesting
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Online Sources for this page:
VUW Te Waharoa —
NZ Gazette 1914, No 28
NZLII —
NZ Gazette 1914, No 28
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Regulations under the Public Trust Office Act, 1908
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🏛️ Governance & Central Administration20 March 1914
Public Trust Office, Regulations, Executive Council, Complaint Book, Interest Rates, Finance, Accounts