# Public Trust – Trusts Act 2019 guide Document ID: doc-0113 Publisher: Public Trust Physical PDF pages: 10 Original capture/access label: June 2026 Original and primary sources reviewed: 9 October 2026 [Preserved bundled original](/pdfs/2023%20-%20Public%20Trust%20-%20Trusts%20Act%202019%20Overview.pdf) [Primary publisher PDF](https://content.publictrust.co.nz/storage/files/brochures/ptel120_2019-trust-reform-brochure_2023.11.pdf) [Publisher guide page](https://www.publictrust.co.nz/products-and-services/trusts/) ## What the document contributes Public Trust’s guide to reviewing an existing trust under the Trusts Act 2019. It discusses reasons for having a trust, mandatory and default trustee duties, beneficiary information rights, trust duration and questions about winding up or changing trustees. Its footer is dated June 2021 and the current publisher-linked file carries November 2023 production evidence. Read the simplified guidance alongside the Act: unanimity is a default duty, information rights involve statutory presumptions, and a 125-year maximum does not automatically extend an existing trust. ## Included material - Reasons to review an existing trust (physical pp. 3–4) - Mandatory and default trustee duties (p. 5) - Beneficiary information rights, age of majority and duration (pp. 6–7) - Winding up, trustee changes and Public Trust’s role (p. 8) - Contacts and June 2021 footer code (pp. 9–10) ## Substantive findings - The guide separates mandatory duties, which cannot be modified or excluded, from default duties. Default duties, including unanimity, can be modified or excluded by trust terms subject to the Act. (Physical pp. 5, 8.) Statutory reference: Trusts Act 2019 ss22–28,38–39; physical18–20. - Basic beneficiary information includes beneficiary status, trustee contact details and changes, and the right to request trust terms or information. The Act provides presumptions and factors for deciding disclosure; this is not an unrestricted entitlement to every record. (Physical pp. 6, 7.) Statutory reference: Trusts Act 2019 ss49–55; physical23–26. - The Act generally sets a maximum trust duration of 125 years, allows shorter terms and provides exceptions. Pre-existing distribution dates are not automatically extended. (Physical p. 6.) Statutory reference: Trusts Act 2019 s16 physical17; Schedule1cl3 physical78. - The age of majority is 18 for express-trust purposes; this does not guarantee every beneficiary a distribution at 18, because the actual entitlement depends on the trust terms. (Physical p. 6.) Statutory reference: Trusts Act 2019 s20 physical18. - The brochure describes relationship-property protection alongside a contracting-out agreement and creditor protection in particular situations. It does not establish guaranteed protection from care costs, tax or claims. (Physical pp. 3, 4.) ## Identity, dates and provenance Footer visually verified as PTEL120 06/21 (June 2021 version code); raw extraction has an encoded final digit. PDF created 4 June 2021 and modified 23 November 2023; current publisher-linked filename ends 2023.11. These establish mixed production/version evidence, not an original 2023 publication date. Preserve the bundled original and June 2026 catalogue capture; do not present filename year as a verified release day. The cover identifies this as “Trusts Act 2019: Your guide to what the New Zealand Trusts Act 2019 means for you”. The original contains 10 physical pages. Its SHA-256 is e35cf9426fd3da6d874f3f523f8e918bdcb5deb794e939cdfc10d2f4163cb817; the current publisher-linked download was byte-identical when checked on 9 October 2026. The earlier Parliament homepage catalogue link was not this brochure’s publisher source. The original PDF, filename and June capture/access label are retained. The 9 October review date is not a publication, metadata-update or legislative commencement date. ## How to use it - Prepare questions for a trust review and distinguish the provider’s explanation from the deed and statutory rules governing the particular trust. - Check the deed and seek appropriate advice before changing trustees, winding up a trust or assuming a beneficiary can receive assets at 18. - Trustee services should explain decision-making, record keeping and costs without promising automatic protection from claims or care fees. - Mandatory duties and statutory disclosure procedures should be identified separately from duties that a trust deed may modify. ## Evidence limits Public Trust provider guidance, not legislation or personalised advice. Original publication date is unknown: printed June 2021 footer, November 2023 filename and modification metadata are distinct evidence. Current publisher download was byte-identical to the preserved original on 9 October 2026. The unanimity statement is a default-duty simplification; information disclosure involves statutory presumptions and factors. A 125-year maximum does not automatically extend an existing trust, and age 18 does not establish a particular distribution entitlement. Historical promotional claims are not independently verified current figures. Encoded text on physical p. 6 contains an apparent missing word; the statute supplies the legal rule. Original filename and June 2026 access/capture are preserved. - The statement that all trustee decisions need to be unanimous on physical8 must be qualified as the statutory default, subject to trust terms. - Physical6 raw text appears to omit a word in the sentence about beneficiaries needing to ask for basic information; preserve the extraction and use the statute for the legal rule. - Physical10 footer visually verified as 06/21; the raw text extractor encodes its last digit. - The provider’s 140-year/250,000-customer promotional statements are historical brochure claims, not independently verified current figures. ## Statutory references [Trusts Act 2019](https://www.legislation.govt.nz/act/public/2019/38/en/latest.pdf), current official version as at 28 October 2021: mandatory/default duties and unanimity, physical pp. 18–20; core documents and information procedures, pp. 22–26; maximum duration, p. 17; age of majority, p. 18; existing trust duration, Schedule 1 clause 3, p. 78. The statute references qualify the brochure’s simplified guidance. They do not determine a particular person’s entitlement or replace advice about the relevant deed, will, ownership and circumstances. ## Research evidence The review preserves complete original page text, metadata, hashes, live download equality, publisher download links and selected current statutory pages in artifacts/research/public-trust-guidance-source-audit-2026-10-09.json.