Page image
Page image

B—i>

not authorized by the will or other trust instrument, or by statute, numbered' 83, while in 3 cases it was necessary to file a certificate under Part IV of theAdministration Act electing to administer the estates concerned as insolvent.. In addition, 50 exemplifications of foreign probates or letters of administration and 121 exemplifications of New Zealand grants were sealed. The operation of the Workers' Compensation Act, 1922, and the Deaths' by Accidents Compensation Act, 1908, give rise to a large volume of legal work. Apart from the prosecution and defence of claims under both these Acts which the Public Trustee has to undertake in his capacity as executor or administrator of estates, he is called upon to report to the Compensation Court upon the apportionment of compensation-moneys recovered by private executors and administrators, or dependants, under the Workers' Compensation Act in respect of claims arising out of the death of a worker. The Public Trustee is also very frequently requested by the Supreme Court to make similar reports in respect of damages recovered under the Deaths by Accidents; Compensation Act, 1908. In the compilation of the Public Trustee's reports, important questions of law sometimes arise. Recently difficult technical questions were raised concerning the scope of section 14 of the Statutes: Amendment Act, 1939, which was passed in order to enable the Supreme Court to settle damages recovered under the Deaths by Accidents Compensation Act, 1908, upon protective trusts for the benefit of the dependants of the deceased. At the suggestion of the Right Honourable the Chief Justice, the Public Trustee has instituted proceedings under the Declaratory Judgments Act, 1908, to have these questions determined. These proceedings have been removed into the Court of Appeal for argument, so as to obtain an authoritative decision for the guidance of the Court in the future. The initiation and prosecution of these proceedings are being handled by the Office Solicitor and his staff. The case has now been heard, and the Court has given judgment. This judgment will be of importance in its scope and bearing on the issues involved, and therefore the costs of the proceedings are being borne by the Public Trust Office. CONCLUSION 31. I take this opportunity of expressing my acknowledgment of the loyal services and co-operation rendered by the Assistant Public Trustees, the controlling officers and staff as a whole, and the Office Agents throughout the Dominion. I feel that their untiring and whole-hearted service to the Office and its clients has contributed in no small measure to the success achieved. Cordial thanks are also due to the members of the Investment Board for their assistance in matters relating to the investment of moneys in the Common Fund. I have, &c, W. G. Baird, Public Trustee. The Hon the Minister in Charge of the Public Trust Office.

Approximate Cost of Paper.—Preparation, not given ; printing (1,108 copies), £l4

By Authority: E. V. Paul, Government Printer, Wellington.—1946.

Price 6d.~\

2—B 9

9

Log in or create a Papers Past website account

Use your Papers Past website account to correct newspaper text.

By creating and using this account you agree to our terms of use.

Log in with RealMe®

If you’ve used a RealMe login somewhere else, you can use it here too. If you don’t already have a username and password, just click Log in and you can choose to create one.


Log in again to continue your work

Your session has expired.

Log in again with RealMe®


Alert