Where one or more of the trustees are unable or refuse to sign the mortgage documents,
the remaining trustees can apply to the Court:
(a) To seek directions;
(b) To remove any trustees who have passed away or resigned;
(c) To remove a trustee for cause for refusing to implement the majority decision;
or
(d) To approve the mortgage documents being signed by a majority of trustees
only per s 227(3) and 237 of the Act.
7.
If a trustee has been removed by the Court for cause under s 240 of the Act, should that be a relevant consideration when assessing a candidate’s suitability for appointment?
The trustee to be removed has been notified of this
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The trustee to be removed has not been notified of
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ote: If a trustee is to be removed, the Court requires an applic
ood reason can be shown for not doing so.
As for the second recommendation, the Panel appears to be promoting a reduction
in the Court’s role in the appointment and removal of trustees, though this is not
made entirely clear in the report.
Use this form to appoint, remove, or replace trustee or change the number of trustees of a Whānau Trust, Kaitiaki Trust,
Ahu Whenua Trust, Whenua Tōpū Trust, Pūtea Trust or Māori Reservation.