Chapter 8
Appointment and removal of trustees


8.1This chapter addresses topics relating to the appointment and removal of trustees. The following specific issues are covered:

8.2 There are issues with the current law in these areas due to a lack of clarity in the existing statutory provisions or processes, or an outdated approach that no longer meets the needs of contemporary trust practice. Our recommendations seek to modernise the statutory provisions in these areas of trust administration, and to provide guiding principles and mechanisms for appointment and removal that are more robust. The new Act should also include the requirement that trustees be over the age of 18 years. The suite of recommendations has been designed to work together as an overall package. The reform options are discussed in detail in the Preferred Approach Paper and Fourth Issues Paper.213
213Law Commission Review of the Law of Trusts – Preferred Approach (NZLC IP31, 2012) at ch 6; Law Commission The Duties, Office and Powers of a Trustee: Review of the Law of Trusts – Fourth Issues Paper (NZLC IP26, 2011) at ch 4.