✨ Public Trust Office Regulations
Aug. 23.]
(2.) All interest payable by the Public Trustee in respect
of the capital of any estate may be computed on the
daily balance of capital, and if it is to be capitalized
shall be capitalized yearly on the 1st day of April,
and until so capitalized shall not bear interest.
Provided, however, that until the first statement
of account is rendered by the Public Trustee interest
may be computed on the daily balance of the account
irrespective of whether the account includes income.
(3.) No interest shall be credited to any estate which is
insolvent, excepting that where in any such estate
there are life-insurance or other moneys protected
from the claims of creditors, interest at the appro-
priate rate shall be credited on such moneys.
(4.) Before unclaimed moneys are paid into the Consoli-
dated Fund under the Public Revenues Act, 1910,
all accumulations of interest (if any) credited thereto
by the Public Trustee shall be deducted.
FINANCE AND ACCOUNTS.
-
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.” -
(1.) The withdrawal of moneys from the Public Trustee’s
Account at Wellington shall be effected by cheques signed
by the Public Trustee or an Assistant Public Trustee, and
countersigned by the Chief 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 in the
case of District Public Trustee offices by cheques signed by
the District Public Trustee and countersigned by the Dis-
trict Accountant or such other officer as the Public Trustee
from time to time authorizes, and in the case of District
Managers’ offices by cheques signed by the District Manager
only, where there is no suitable countersigning officer at
the branch. -
(1.) The Public Trustee may open at the Bank of New
Zealand, London, an account to be entitled “The New Zea-
land Public Trust Office Account.”
(2.) All moneys payable to or received by the New Zealand
Public Trustee may be lodged to credit of the New Zealand
Public Trust Office Account with the Bank of New Zealand,
London, and remittances shall be made to the Public Trustee
by the High Commissioner as often as the High Commissioner
and the Public Trustee shall arrange.
(3.) No moneys shall be drawn from the New Zealand
Public Trust Office Account except by cheque signed either
by the High Commissioner or by some person authorized in
writing by him, and countersigned by an officer of the Audit
Department who shall be selected from time to time by the
Controller and Auditor-General, and no moneys shall be
drawn from such account for any purpose for which it is
not legally available or applicable.
(4.) The High Commissioner shall twice in every month, or
more frequently as required by the Public Trustee, transmit
to the Public Trustee a full and detailed statement of all the
receipts, payments, and transfers by, to, and from the New
Zealand Public Trust Office Account which are not included
in any former such statement, accompanied by all such
vouchers and other documents as the Public Trustee requires
in support thereof.
(5.) The Bank of New Zealand at London shall twice in
every month transmit to the Public Trustee and to the Audit
Office a statement (in the form prescribed by the Public
Trustee) showing the entries in the New Zealand Public
Trust Office Account for the period to which the statement
relates. -
In addition to the accounts required by the principal
Act the Public Trustee shall keep such other accounts as the
Minister directs or as the Public Trustee shall think fit. -
Any moneys payable to the Public Trustee’s Account
may be lodged for credit of that account in the Bank of
New Zealand or with such Postmasters as the Postmaster-
General authorizes and the Public Trustee directs, and the
amount of such lodgments shall be transferred by the bank
or Postmaster-General to the credit of the Public Trustee’s
Account as often as the Public Trustee and the bank or
the Postmaster-General arrange. -
No claim on the Public Trustee 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 authorized agent, or until the
signature of the payee has been attested when such attesta-
tion is required by the Public Trustee. -
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 such officers of the Public
Trust Office as are appointed to examine and audit such
accounts. -
(1.) Where a Native gives a special or general order it
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
is a licensed Native interpreter or not, and notwithstanding
that it may afterwards be discovered that the person attest-
ing was not a licensed interpreter, the order, and all acts and
things done thereunder, shall be valid.
(3.) This clause shall be construed subject to any statutory
provision dealing with the matter. -
In the case of securities which, pursuant to section 96
of the Public Revenues Act, 1910, are to be held under three
keys, the custodians shall be the Assistant Chief Accountant
of the Public Trust Office, the Custodian of Securities of the
Public Trust Office, and an Audit officer deputed by the
Controller and Auditor-General in that behalf.
CHARGES TO BE MADE BY THE PUBLIC TRUSTEE.
- The undermentioned charges shall be payable to the
Public Trustee in respect of the matters mentioned : Pro-
vided that where the Public Trustee is custodian-trustee the
charges under (a), (b), (c), (d), (e), (f), (g) (l), (h), (j), and (o)
of this clause shall be reduced by one-half.
(a.) Upon the gross capital of any testate or intestate
estate realized by the Public Trustee, or upon the gross
capital of any estate administered and realized under the
Lunatics Act, 1908, or the Mental Defectives Act, 1911, or
the Prisons Act, 1908, or the Aged and Infirm Persons Pro- ection Act, 1912, *or the Destitute Persons Act, 1910, or in
any other estate with respect to which the Public Trustee’s
charges on realization are not specifically provided for,—
On the first £5,000, 2½ per cent.
On the next £5,000, 1½ per cent.
On the next £40,000, 1 per cent.
On all in excess of £50,000, ¾ per cent.
Provided that (1) in testate and intestate estates in which
no person has previously obtained administration, and the
gross capital of the assets of which, as accepted by the Stamp
Duties Department for the purpose of assessing death duties,
does not exceed the sum of £1,000; and (2) in all other estates
in which the gross capital value at the date of the acceptance
of the estate by the Office Board does not exceed the sum of
£1,000, and in respect to which the Public Trustee’s charges
on realization are not herein specifically mentioned, the rate
of commission on assets upon the realization of which commis-
sion is not deducted by or paid to an auctioneer or agent, and
on assets not consisting of cash or balances to credit of any
account or on fixed deposit in any institution, or moneys
received under any life or accident policy, or moneys received
from any lodge or friendly society, or bonds or debentures
collected at maturity, or superannuation contributions re-
funded, shall be 5 per cent. on the first £400 and 2½ per cent.
on the excess.
The charges under (a) are payable to the Public Trustee
upon the realization of an asset.
(b.) Upon such of the capital or income of any estate
realized by a former executor, trustee, or administrator, or
person acting in a fiduciary character, as becomes vested in
the Public Trustee on the original trusts, either in the form
of investments or of cash : On the first £50,000, 1 per cent.;
on the excess, ½ per cent.
The charge under (b) is payable as regards cash assets at
the date of receipt by the Public Trustee, and as regards
investments when they are realized.
(c.) In the case of a deed of trust or of a settlement, ante-
nuptial or otherwise, on such part of the trust property as
consists of cash—upon the capital sum:—
On the first £50,000, 1 per cent.
On the excess, ½ per cent.
On all sums received by the Public Trustee under section
17 of the Public Trust Office Amendment Act, 1913 :—
On the first £50,000, 1 per cent.
On the excess, ½ per cent.
On all capital sums received by the Public Trustee in cash
under the Destitute Persons Act, 1910, or any amendment of
that Act : 1 per cent.
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Online Sources for this page:
VUW Te Waharoa —
NZ Gazette 1923, No 64
NZLII —
NZ Gazette 1923, No 64
✨ LLM interpretation of page content
🏛️
Regulations under the Public Trust Office Act, 1908
(continued from previous page)
🏛️ Governance & Central Administration20 August 1923
Public Trust Office, Regulations, Trustee, Common Fund, Interest Rates
💰 Finance and Accounts Regulations for Public Trustee
💰 Finance & RevenuePublic Trustee, Bank of New Zealand, Account Management, Financial Regulations
💰 Charges to be Made by the Public Trustee
💰 Finance & RevenuePublic Trustee, Fees, Charges, Estate Management, Financial Services