A significant amount of private wealth in New Zealand is tied up in trusts. In addition, charitable and common law trusts play an important role in not-for-profit, Maori and  other sectors. Trustees remain vulnerable, and careful independent advice or applications to the Court for directions can be infinitely more prudent than risking hostile litigation.

Martin has extensive experience in the specialist area of trust issues. This includes prosecuting and defending allegedly errant trustees, as well as advising on and securing judicial directions approving resettlement of a large trust fund.

Martin is closely engaged with practice and procedure under the common law, the Trustee Act 1956, and the Court’s inherent jurisdiction. Martin is also well aware of the overlap of relationship property and insolvency with trust law. These drivers means that the law of trusts and trustees does not develop and frequently cannot be considered in isolation.

Martin has been carefully following the Law Commission Project on revision of the Trustee Act 1956, and the intended removal of gift duty. Both will no doubt create significant developments in this area, though trusts are expected to remain an important wealth protection and estate planning device in New Zealand.