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The Law Commission investigates updates to trust law 13 Feb 2012
Rob Stock reports on stuff.co.nz on how The Law Commission has been investigating updates to trust law.
 
“Its suggestions include:
 
  • Empowering district courts: Many disputes can be heard only by the high court. Though there are “mixed views within the judiciary and legal profession”, that could be altered by giving the lower court powers in cases involving claims of $200,000 or less to remove trustees and to order them to make good financial losses.
  • Empowering district courts: Many disputes can be heard only by the high court. Though there are “mixed views within the judiciary and legal profession”, that could be altered by giving the lower court powers in cases involving claims of $200,000 or less to remove trustees and to order them to make good financial losses.
  • Creating an ombudsman: That person could make non-binding recommendations. It would allow disputes to be heard privately and have a similar financial limit to district courts.
  • Establish a tribunal: Just as the Disputes Tribunal sits below district courts for civil cases, a tribunal would exist for trust cases, and have the same power to make binding rulings, subject to appeal. “A tribunal is likely to be quicker, cheaper, more informal and less adversarial than the high court,” the commission said.
  • Alternative Dispute Resolution: This could include passing laws making mediation or arbitration, which is private, low-cost and informal, available to trust beneficiaries.”
 
 

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