sec.25Authority of public trustee

### sec.25 Authority of public trustee Where a restraining order directs the public trustee to take custody and control of property— the order is lawful authority for the public trustee, by its agents and servants— to enter upon and take possession of the property and of all books of account and records relating to the property; and subject to subsection (2) —to do all acts and things necessary or desirable for the prudent use and management of the property, for the benefit of the owner thereof (including the selling, charging or disposing thereof) as fully and effectually as if it were the duly appointed attorney of the owner empowered to do all such acts and things; and the public trustee is authorised and empowered to do all acts and things necessary or desirable to comply with or give effect to orders and directions of a judge of the Supreme Court made or given in relation to the property upon application under section 21 . Authority conferred on the public trustee by a restraining order does not extend to selling or disposing of property that is not trading stock in a business without— the consent of the owner of the property; or an order of a judge of the Supreme Court. The power to make regulations under the Public Trustee Act 1978 includes power to make regulations providing for and fixing fees for services rendered by the public trustee and charges in connection with the custody and control of property pursuant to a restraining order. A certificate purporting to be a certificate of the public trustee and— certifying that a restraining order is in force against the property (generally or as specified therein) of a person specified therein; or stating that the public trustee has taken custody and control of property specified therein pursuant to a restraining order; or stating any particulars of a restraining order; is for all purposes evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein. s 25 amd 1995 No. 57 s 4 sch 1 (sec.25-ssec.1) Where a restraining order directs the public trustee to take custody and control of property— the order is lawful authority for the public trustee, by its agents and servants— to enter upon and take possession of the property and of all books of account and records relating to the property; and subject to subsection (2) —to do all acts and things necessary or desirable for the prudent use and management of the property, for the benefit of the owner thereof (including the selling, charging or disposing thereof) as fully and effectually as if it were the duly appointed attorney of the owner empowered to do all such acts and things; and the public trustee is authorised and empowered to do all acts and things necessary or desirable to comply with or give effect to orders and directions of a judge of the Supreme Court made or given in relation to the property upon application under section 21 . (sec.25-ssec.2) Authority conferred on the public trustee by a restraining order does not extend to selling or disposing of property that is not trading stock in a business without— the consent of the owner of the property; or an order of a judge of the Supreme Court. (sec.25-ssec.3) The power to make regulations under the Public Trustee Act 1978 includes power to make regulations providing for and fixing fees for services rendered by the public trustee and charges in connection with the custody and control of property pursuant to a restraining order. (sec.25-ssec.4) A certificate purporting to be a certificate of the public trustee and— certifying that a restraining order is in force against the property (generally or as specified therein) of a person specified therein; or stating that the public trustee has taken custody and control of property specified therein pursuant to a restraining order; or stating any particulars of a restraining order; is for all purposes evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein. - (a) the order is lawful authority for the public trustee, by its agents and servants— (i) to enter upon and take possession of the property and of all books of account and records relating to the property; and (ii) subject to subsection (2) —to do all acts and things necessary or desirable for the prudent use and management of the property, for the benefit of the owner thereof (including the selling, charging or disposing thereof) as fully and effectually as if it were the duly appointed attorney of the owner empowered to do all such acts and things; and - (i) to enter upon and take possession of the property and of all books of account and records relating to the property; and - (ii) subject to subsection (2) —to do all acts and things necessary or desirable for the prudent use and management of the property, for the benefit of the owner thereof (including the selling, charging or disposing thereof) as fully and effectually as if it were the duly appointed attorney of the owner empowered to do all such acts and things; and - (b) the public trustee is authorised and empowered to do all acts and things necessary or desirable to comply with or give effect to orders and directions of a judge of the Supreme Court made or given in relation to the property upon application under section 21 . - (i) to enter upon and take possession of the property and of all books of account and records relating to the property; and - (ii) subject to subsection (2) —to do all acts and things necessary or desirable for the prudent use and management of the property, for the benefit of the owner thereof (including the selling, charging or disposing thereof) as fully and effectually as if it were the duly appointed attorney of the owner empowered to do all such acts and things; and - (a) the consent of the owner of the property; or - (b) an order of a judge of the Supreme Court. - (a) certifying that a restraining order is in force against the property (generally or as specified therein) of a person specified therein; or - (b) stating that the public trustee has taken custody and control of property specified therein pursuant to a restraining order; or - (c) stating any particulars of a restraining order;