Chapter 2 - Powers under the Trustee Act 1956

Introduction

Part 5 of the Trustee Act 1956 contains most of the powers conferred on the High Court by that Act. A number of other provisions in the Act also confer powers on the High Court or modify jurisdiction exercised under the Act.

This chapter examines the High Court’s powers under the Act. The Commission invites submissions on any issues that may have arisen over these provisions. To avoid repetition with earlier Issues Papers only those provisions and issues that have not been canvassed in earlier papers are considered. The focus here is on the role of the court under each provision, although the Commission welcomes any further comments submitters may wish to make on any of the provisions.