sec.122Public trustee may require property to be transferred and may summon persons for examination

### sec.122 Public trustee may require property to be transferred and may summon persons for examination The public trustee may require all persons to deliver, convey, or transfer to the public trustee or to the public trustee and the public trustee’s co-trustee (if any) all property to which the public trustee is or they are entitled. For the purpose of ascertaining whether any person has in the person’s possession or under the person’s control any property which should be so delivered, conveyed, or transferred, the public trustee may institute such inquiries as the public trustee thinks proper and, in addition to any other rights the public trustee may have, shall have power— to require any person to disclose any information on oath or by statutory declaration as the public trustee may decide; and by summons under the public trustee’s hand to require any person to appear before the public trustee or before some person appointed in writing by the public trustee in that behalf at such time and place as is set out in the summons and answer all questions that may be put. The public trustee shall pay or tender to the person so summoned the same amount as such person would have been entitled to had the person been summoned as a witness in proceedings before a Magistrates Court constituted under the Magistrates Courts Act 1921 at the place to which such person has been summoned. Every such summons shall be served by delivering it to the person to whom it is directed or by leaving it at the person’s usual or last-known place of business or abode. Every person served with such summons who, without reasonable justification or excuse, fails to appear according to the exigency of the summons or, being present, refuses to be sworn or to give evidence or to answer such questions as are put to the person by the public trustee or the person so appointed as aforesaid, or to produce any books or documents required by the summons to be produced, commits an offence against this Act. Maximum penalty—20 penalty units. Without prejudice to the provisions of subsection (5) , if any person fails to deliver, convey or transfer all property as provided in subsection (1) or, if in the opinion of the public trustee the procedure in subsection (2) fails to elicit the particulars required, the court may, on the application ex parte of the public trustee, order any person who may be supposed to be in possession of information relevant to the matter under investigation to appear before the court or a Magistrates Court named for the purpose by the court in order to be examined on oath concerning the matter and to produce any documents or for either of such purposes. The court or Magistrates Court may examine such person on oath concerning the matter and may require the person to produce any documents in the person’s custody or power relating thereto, but where the person claims any lien on books or papers the production shall be without prejudice to that lien. If the court or Magistrates Court is of opinion that any such person is possessed of or entitled to any property that should be so delivered, conveyed or transferred to the public trustee or to the public trustee and the public trustee’s co-trustee, the court or Magistrates Court may make an order requiring such person to deliver, convey or transfer all such property within such time as shall be specified in the order. If any person so ordered to appear, after being tendered the same amount as the person would have been entitled to had the person been summoned as a witness in proceedings before a Magistrates Court at the place to which the person has been summoned, fails or refuses to come before the court or Magistrates Court at the time appointed, not having a lawful excuse made known to the court or Magistrates Court at the time appointed and allowed by it, such person shall be guilty of contempt of the court and, in addition to any penalty for which the person may be liable in consequence, may be apprehended and brought before the court for examination. Any person appearing before the court or a Magistrates Court pursuant to any of the preceding provisions, who, without valid excuse, refuses to be sworn or neglects to answer any relevant question put to the person by or on behalf of the public trustee, or who, having been ordered to produce any documents, fails to produce the same without sufficient excuse, or, if so required by the court, to hand such documents over to the public trustee, or who disobeys any order made by the court or Magistrates Court pursuant to subsection (8) , shall be guilty of contempt of the court. The court or Magistrates Court, on the application of the public trustee or any other person interested, may order that the costs of and incidental to anything done by the public trustee under this section shall be borne and paid by such person or out of such part of the estate as the court or Magistrates Court may consider just and, failing such order, such costs shall be paid out of the estate as part of the general costs of the public trustee. In this section— documents includes books, papers, deeds, documents, and any writings whatsoever. s 122 amd 1994 No. 24 s 3 (1) sch ; 1997 No. 9 s 69 (sec.122-ssec.1) The public trustee may require all persons to deliver, convey, or transfer to the public trustee or to the public trustee and the public trustee’s co-trustee (if any) all property to which the public trustee is or they are entitled. (sec.122-ssec.2) For the purpose of ascertaining whether any person has in the person’s possession or under the person’s control any property which should be so delivered, conveyed, or transferred, the public trustee may institute such inquiries as the public trustee thinks proper and, in addition to any other rights the public trustee may have, shall have power— to require any person to disclose any information on oath or by statutory declaration as the public trustee may decide; and by summons under the public trustee’s hand to require any person to appear before the public trustee or before some person appointed in writing by the public trustee in that behalf at such time and place as is set out in the summons and answer all questions that may be put. (sec.122-ssec.3) The public trustee shall pay or tender to the person so summoned the same amount as such person would have been entitled to had the person been summoned as a witness in proceedings before a Magistrates Court constituted under the Magistrates Courts Act 1921 at the place to which such person has been summoned. (sec.122-ssec.4) Every such summons shall be served by delivering it to the person to whom it is directed or by leaving it at the person’s usual or last-known place of business or abode. (sec.122-ssec.5) Every person served with such summons who, without reasonable justification or excuse, fails to appear according to the exigency of the summons or, being present, refuses to be sworn or to give evidence or to answer such questions as are put to the person by the public trustee or the person so appointed as aforesaid, or to produce any books or documents required by the summons to be produced, commits an offence against this Act. Maximum penalty—20 penalty units. (sec.122-ssec.6) Without prejudice to the provisions of subsection (5) , if any person fails to deliver, convey or transfer all property as provided in subsection (1) or, if in the opinion of the public trustee the procedure in subsection (2) fails to elicit the particulars required, the court may, on the application ex parte of the public trustee, order any person who may be supposed to be in possession of information relevant to the matter under investigation to appear before the court or a Magistrates Court named for the purpose by the court in order to be examined on oath concerning the matter and to produce any documents or for either of such purposes. (sec.122-ssec.7) The court or Magistrates Court may examine such person on oath concerning the matter and may require the person to produce any documents in the person’s custody or power relating thereto, but where the person claims any lien on books or papers the production shall be without prejudice to that lien. (sec.122-ssec.8) If the court or Magistrates Court is of opinion that any such person is possessed of or entitled to any property that should be so delivered, conveyed or transferred to the public trustee or to the public trustee and the public trustee’s co-trustee, the court or Magistrates Court may make an order requiring such person to deliver, convey or transfer all such property within such time as shall be specified in the order. (sec.122-ssec.9) If any person so ordered to appear, after being tendered the same amount as the person would have been entitled to had the person been summoned as a witness in proceedings before a Magistrates Court at the place to which the person has been summoned, fails or refuses to come before the court or Magistrates Court at the time appointed, not having a lawful excuse made known to the court or Magistrates Court at the time appointed and allowed by it, such person shall be guilty of contempt of the court and, in addition to any penalty for which the person may be liable in consequence, may be apprehended and brought before the court for examination. (sec.122-ssec.10) Any person appearing before the court or a Magistrates Court pursuant to any of the preceding provisions, who, without valid excuse, refuses to be sworn or neglects to answer any relevant question put to the person by or on behalf of the public trustee, or who, having been ordered to produce any documents, fails to produce the same without sufficient excuse, or, if so required by the court, to hand such documents over to the public trustee, or who disobeys any order made by the court or Magistrates Court pursuant to subsection (8) , shall be guilty of contempt of the court. (sec.122-ssec.11) The court or Magistrates Court, on the application of the public trustee or any other person interested, may order that the costs of and incidental to anything done by the public trustee under this section shall be borne and paid by such person or out of such part of the estate as the court or Magistrates Court may consider just and, failing such order, such costs shall be paid out of the estate as part of the general costs of the public trustee. (sec.122-ssec.12) In this section— documents includes books, papers, deeds, documents, and any writings whatsoever. - (a) to require any person to disclose any information on oath or by statutory declaration as the public trustee may decide; and - (b) by summons under the public trustee’s hand to require any person to appear before the public trustee or before some person appointed in writing by the public trustee in that behalf at such time and place as is set out in the summons and answer all questions that may be put.