Section 37 — Protection of Personal and Property Rights Act 1988: Security for performance of manager's duties
Text of the provision Official document
37 Security for performance of manager's duties (1) A Court may, if it thinks fit, require any manager (other than a trustee corporation), upon appointment or at any time thereafter, to give such security to Public Trust as the Court thinks fit for the due performance of the duties of the manager. (2) The security may be a bond, with or without a surety or sureties, or such other security as the Court directs and approves. (3) A Court may at any time, on the application of Public Trust, require a manager to give to Public Trust further or other security for the due performance of the manager's duties. (4) A Court may at any time give leave to Public Trust to enforce any such security, and Public Trust shall thereupon proceed by action or otherwise to enforce the security accordingly. (5) All money so received by Public Trust shall be deemed part of the property for which the person is or was the manager, and all costs and expenses so incurred by Public Trust shall be paid out of that property. (6) Public Trust may commence or institute proceedings against any such manager for any breach of duty, and may apply to the Court ex parte for an injunction to restrain any such breach or any threatened breach. Section 37 was amended, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100) by substituting the words “ Public Trust ” for the words “ the Public Trustee ” (or “ The Public Trustee ” ) wherever they occur. See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).
Official source: legislation.govt.nz
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