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Trustee Act 1925
70New trustees
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70 New trustees
(1) The Supreme Court may, on application by a relevant person or on its
own initiative, make 1 or more of the following orders in relation to
a trust:
(a) an order removing a trustee;
(b) an order replacing a trustee;
(c) an order appointing a trustee, or an additional trustee.
Note Words in the singular number include words in the plural (see Legislation
Act, s 145).
(2) The Supreme Court may make any other order in relation to the trust
the court considers appropriate.
(3) The Supreme Court may make an order under this section only if
satisfied the order is appropriate—
(a) in the interests of the people (whether or not identified) who are
to benefit from the trust; or
(b) to advance a purpose of the trust.
(4) The Supreme Court need not find a fault or inadequacy on the part of
a trustee before making an order under this section.
(5) Each of the following is a relevant person to make an application
under subsection (1) in relation to a trust:
(a) the Attorney-General;
(b) a trustee of the trust;
(c) a beneficiary of the trust;
(d) for a trust established completely or partly for charitable
purposes—
(i) a person named in the instrument establishing the trust as
someone who must, or may, be consulted before the
distribution or use of property (including money) for the
purposes of the trust; or
(ii) a person who has received property (including money)
from the trustees for the purposes of the trust; or
(iii) a person in a class of people the trust is intended to benefit;
(e) a person who satisfies the Supreme Court that the person has a
relevant interest in the trust.
(6) An order under this section, and any consequential vesting order or
conveyance, does not operate further or otherwise as a discharge to a
former or continuing trustee than an appointment of new trustees
under a power for that purpose in an instrument would have operated.
(7) This section does not give the Supreme Court a power to appoint an