New Zealand Trustees Association

Issue 136 April2017

NZ Estate & Trust Bulletin

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In This Issue-
136.1  NZ Trust Awards - Recipients Announced
136.2  Auckland District Law Society - Trust Committee formed 
136.3  From the Helpdesk - Health & Safety and Trust issues
136.4  Trustee and Board Positions Available
Also Features...
  •    NZTA Subsidised Annual Review of Small-to-Medium Entities Financial Accounts
  •    Bills Before Parliament seeking Submissions 

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136.1  NZ Trust Awards - recipients Announced



A total of 11 nominations were received by the New Zealand Trustees Association for the

NZ Trust Awards in the categories of, Trustee of the Year, Trust of the Year,

and Corporate Trustee of the Year. 


The Trust Awards go some way towards recognising the many hours of effort contributed by Trustees & Administrators.  The awards are judged on achievement, endeavour, performance and merit, with the aim being for winners to gain higher public profile to further achieve their objectives.







Donald Church of Ashburton




The judging of this supreme award was based on three factors;


1.         Outstanding ability as a Trustee;

2.         Significant appointments and personal achievements; 


3.         Contribution to trusteeship within New Zealand.


The winner of this supreme award has contributed to trusteeship with knowledge and experience built up through many significant positions in the areas of charity, philanthropy, community trusts, estates and private trusts.



Donald Church is a very deserving recipient of the NZ Trustee of the Year Award for 2016.






 This feature award is judged on endeavour, process, merit and outstanding achievement.


The New Zealand Fruitgrowers Charitable Trust was set up in 1985. Founded on the sale of 50% of the New Zealand Fruitgrowers Federation's share in commercial trading and export activities. The profit of the sale was $7 million. It was decided that the existing 50% would be set up as a separate fund known as the New Zealand Fruitgrowers Charitable Trust.  Since that time the purposes of the Trust have effectively blossomed and achieved through support, guidance, sponsorship and grants to organisations and individuals within the industry.


The Trust is administered within Horticulture New Zealand, with purposes and aims including: To promote, encourage & foster research in the fields of & relating to fruit growing & to disseminate & make available the results thereof for public use & for the improvement of human knowledge & to generally concern itself in fruit growing research within NZ.


To the credit of Trustees and Administrators, the Trust has recovered considerably well from needing to spend $9 million on earthquake strengthing of their prime property investment in Wellington.


Read More...   (scroll down the resulting webpage)



The New Zealand Fruitgrowers Charitable Trust, is the very worthy recipient of the

NZ Trust of the Year Award for 2016.


The NZ Trust Awards go some way towards recognising the many hours of effort contributed by Trustees & Administrators. The awards are judged on achievement, endeavour, performance and merit, with the aim being for recipients to gain higher public profile to further achieve their objectives.

See a full list of current and past recipients here


136.2  Auckland District Law District Law - Trust Committee formed

Given recent case law and proposed legislative developments, together with the fact that trust law is practised by over 40% of the legal profession, the ADLS Council considered that it was an importune time to create a specialised Committee focusing on this area of law. The Trust Law Committee was established by the ADLS in November 2016.

The Committee has hit the ground running as their first task is to prepare  submissions on the exposure draft of the Trusts Bill. The draft Bill represents the first significant legislative change to the law in this area in 60 years and seeks to update New Zealand’s complex, difficult to navigate and outdated trust law, which is currently “scattered across the Trustee Act and a variety of decisions made by courts over many years”.

The Trust Law Committee will also provide expert and practical advice for our members and the wider profession, as well as being an independent voice able to comment meaningfully on developments in trust law. The Committee will monitor reforms and unfolding case law, raise awareness of key trust law issues and their implications for our members and their clients, and engage with government departments and other stakeholder organisations and professionals.

Committee Members:   

Bill Patterson (Convenor), Vicki Ammundsen, Henry Brandts-Giesen, Richard Broad, John Brown, Vanessa Bruton QC, Brooke Courtney, Hugh Fulton, Alison Gilbert, Anthony Grant, John Hart, Colin Lucas, Michelle Moore, Kathleen Morrison, Juliet Moses, Sabrina Muck, Barry Stafford, Pravir Tesiram, Richard Thompson, Ian Turner, Keith Turner.



136.3 From the Helpdesk - Health & Safety and Trust issues



The NZ Trustees Association are regularly asked about the implications for Trusts since the Health & Safety at Work Act came into force April 2016, and whether a Trust/Charity etc are "persons conducting a business or undertaking (PCBU).

This is the view from law firm Duncan Cotterill...


The Health and Safety at Work Act 2015 (HSW Act) is now officially law.  If you are involved with running a charity or any other organisation with volunteers, or if you do volunteer work yourself, you need to know how the HSW Act will affect you.

What does the HSW Act say?

The aim of the HSW Act is to reduce the incidence of injuries and improve the health of workers in the workplace. It requires people in charge of a business or other type of undertaking to properly assess risks and hazards created by their activities and to remove or minimise them where possible.

The HSW Act sets out the processes to be followed to identify risks, sets up a procedure for the involvement of workers in the management of health and safety, and establishes a regime of inspections and prosecutions to ensure compliance with the HSW Act.

Can your organisation be prosecuted for a breach of the HSW Act?




136.4  Trustee and Board Positions available

The Trustees Association provides letters of support for NZTA Registered Trustees to be appointed to Board positions.


The Skills Organisation
New Zealand - paid
Closes 05/05/17 at 5pm
Aurora Energy Ltd
Dunedin - Paid
Closes 26/05/17
Co-opted Position
Himalayan Trust
Closes 03/05/17
Trust Representative
Enterprise Lake Taupō Trust
Taupo - paid
Closes 05/05/17 at 5pm
Ed. Collective
Nationwide - paid
Closes 12/05/17
Literacy Aotearoa
Nationwide - paid
Closes 12/05/17
Auckland - paid
Closes 21/05/17
Delta Utility Services Ltd
Dunedin - Paid
Closes 26/05/17
No One Ever Stands Alone - NESA
Auckland or North Island
Closes 07/05/17
Wellington Hockey Association
Closes 03/05/17
New Zealand Pony Clubs Association
Closes 31/05/17
Equestrian Sports New Zealand Eventing
Closes 19/05/17
Electricity Authority
Wellington - paid
Closes 01/05/17 at 5pm
Public Trust
National - paid
Closes 03/05/17 at 5pm
Accident Compensation Corporation (ACC)
National - paid
Closes 03/05/17 at 5pm
Earthquake Commission (EQC)
National - paid
Closes 05/05/17 at 5pm
Ngāpuhi Asset Holding Company Limited
Auckland & Northland preferred - PAID
Closes 05/05/17
ZEALANDIA - Karori Sanctuary Trust Board
Preferably Wellington - paid
Closes 01/05/17
Family for Every Child New Zealand
Closes 07/05/17
Canterbury Rugby League
Canterbury Region
Closes 04/05/17



**** NZTA Subsidised Annual Financial Review


Thank you to Registered Charities supporting the NZTA Annual Financial Review.


Through the charitable purposes of NZTA we offer a 50% subsidised Annual Financial Accounts review service for small to medium registered charities.


This fully on-line service starts from $375 excl. is tailored for small to medium charities where you have opted for a review over an audit of your Financial Accounts. 


Receive further information or make an enquiry here.


Bills before Parliament seeking Submissions
Name of bill Bill no. Stage Last activity Select Committee
225-1 SC 24 March 2017 Transport and Industrial Relations Committee
248-1 SC 23 March 2017 Law and Order Committee
250-1 1 23 March 2017
251-1 1 23 March 2017
252-1 1 23 March 2017
227-1 1 22 March 2017
Statutes Repeal Bill

Bill - government

123-2 2 20 March 2017 Government Administration Committee
160-2 2 20 March 2017 Education and Science Committee
162-1 2 20 March 2017 Māori Affairs Committee
242-1 1 16 March 2017
215-1 SC 16 March 2017 Justice and Electoral Committee
173-2 2 15 March 2017 Transport and Industrial Relations Committee
236-1 SC 15 March 2017 Māori Affairs Committee
207-1 SC 15 March 2017 Law and Order Committee
247-1 1 15 March 2017
148-2 CH 14 March 2017 Government Administration Committee
101-2 CH 14 March 2017 Local Government and Environment Committee
147-2 2 13 March 2017 Law and Order Committee
245-1 1 09 March 2017
244-1 1 09 March 2017
246-1 1 09 March 2017
235-1 CH 07 March 2017
119-2 2 03 March 2017 Māori Affairs Committee
84-2 2 03 March 2017 Māori Affairs Committee
241-1 1 22 February 2017
134-2 RA 16 February 2017 Justice and Electoral Committee
128-2 CH 16 February 2017 Foreign Affairs, Defence and Trade Committee
146-2 CH 15 February 2017 Commerce Committee
143-1 CH 14 February 2017 Commerce Committee
210-1 1 08 February 2017
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While every effort has been made to ensure the accuracy of items and article content, the onus is upon the reader to satisfy their needs. This publication is not intended as legal advice or guidance. The content and views expressed are not necessarily those held by NZTA or the NZTA membership.