8Matters to which trustee may have regard

### 8 Matters to which trustee may have regard > *\[Section 8 Amended by 25 Geo. V No. 78 \]*[*\[Section 8 Substituted by No. 64 of 1997, s. 4, Applied:01 Apr 1998\]*](/view/html/inforce/1998-04-01/act-1997-064#GS4@EN) > > > (1)  Without limiting the matters that a trustee may take into account when exercising a power of investment, a trustee, so far as is appropriate to the provisions of the trust, may have regard to any one or more of the following: > > > > > > (a) the purposes of the trust and the needs and circumstances of the beneficiaries; > > > > > > > (b) the desirability of diversifying trust investments; > > > > > > > (c) the nature of existing trust investments and other trust property; > > > > > > > (d) the need to maintain the real value of the capital or income of the trust; > > > > > > > (e) the risk of capital loss or depreciation; > > > > > > > (f) the potential for capital appreciation; > > > > > > > (g) the likely income and the timing of the income return; > > > > > > > (h) the length of the term of the proposed investment; > > > > > > > (i) the probable duration of the trust; > > > > > > > (j) the liquidity and marketability of the proposed investment during, and on the determination of, the term of the proposed investment; > > > > > > > (k) the aggregate value of the trust estate; > > > > > > > (l) the effect of the proposed investment in relation to the tax liability of the trust; > > > > > > > (m) the likelihood of inflation affecting the value of the proposed investment or other trust property; > > > > > > > (n) the costs, including any commission, fee, charge or duty payable, of making the proposed investment; > > > > > > > (o) the results of a review of any existing trust investments. > > > (2)  A trustee may – > > > > > > (a) obtain and consider independent and impartial advice reasonably required for the investment of trust funds or the management of the investment, from a person whom the trustee reasonably believes to be competent to give that advice; and > > > > > > > (b) pay out of trust funds the reasonable costs of obtaining the advice.