Chapter 4 - A new mechanism for trust disputes resolution


Introducing an alternative dispute resolution mechanism for trusts could have a number of benefits, such as improving accessibility and education, and reducing formality and cost to individuals. Yet, in the current fiscal environment the cost could be considered prohibitive. New costs from such a scheme are unavoidable. It is likely that for now the best approach is to improve access to the courts in trust matters and improve the processes available under trusts legislation. The options of a trusts ombudsman, tribunal and commission do have merit, and, especially if trusts continue to be as prolific in New Zealand as they are now, they may warrant consideration at a later time. We are interested in views about the viability and desirability of these options.