Part 5ARecords to be kept by trustees and investigations

Part 5A—Records to be kept by trustees and investigations 84A—Interpretation In this Part— inspector means a person appointed as an inspector under this Part; trust means a trust created by a will or other instrument of trust; and trustee means the trustee administering such a trust. 84B—Records to be kept by trustee (1) A trustee shall keep such records relating to his administration of the trust property as may be prescribed. Maximum penalty: $500. (2) A trustee shall, at the request of— (a) the Public Trustee; or (b) another trustee of the trust; or (c) a beneficiary under the trust, produce the records kept by the trustee in pursuance of this section for inspection and permit the Public Trustee, the other trustee or the beneficiary (as the case may be) to examine and make copies of those records. Maximum penalty: $500. 84C—Appointment of inspector (1) The Supreme Court may, on its own initiative, or on the application of any person who has, in the opinion of the Court, a proper interest in the matter, appoint an inspector to investigate the administration of any trust. (2) An inspector must be a person who holds prescribed qualifications. (3) The Supreme Court may make orders for the payment of the whole or part of the costs of an investigation under this Part— (a) by the applicant for the investigation; or (b) by a trustee or beneficiary of the trust; or (c) out of the trust estate. 84D—Powers of an inspector (1) For the purpose of investigating the administration of a trust, an inspector may— (a) require any person to produce documents relevant to the administration of the trust; and (b) take copies of, or extract from, any such documents; and (c) require any person to answer any question relevant to the administration of the trust; and (d) exercise any other power conferred on him by the Court. (2) A person who— (a) refuses or fails to produce documents in his custody or power when required to do so by an inspector; or (b) refuses or fails to answer to the best of his knowledge, information and belief any question put to him by an inspector under this section; or (c) hinders an inspector in the exercise of his powers, shall be guilty of an offence and liable to a penalty not exceeding $2 000 or imprisonment for six months or both. (3) A person may decline to answer a question put to him by an inspector under this section if the answer to the question would tend to incriminate him of an offence. 84E—Reports to be made to Attorney-General (1) Upon completing an investigation under this Part, an inspector shall make a report in writing to the Supreme Court and to the Attorney-General upon the results of the investigation. (2) An inspector shall make such interim reports to the Supreme Court and to the Attorney-General in relation to an investigation under this Part as the Court may direct. 84F—Confidentiality An inspector shall not divulge any information that comes to his notice in the course of an investigation under this Part and relates to the administration of the trust subject to the investigation except— (a) to the Supreme Court and to the Attorney-General; or (b) as directed by the Court. Maximum penalty: $2 000.