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Array
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    [entityType] => ITEM
    [entity] => Array
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            [description] => Array
                (
                    [0] => The Public Trust Office was founded in 1872 to provide independent and impartial trustee and estates management services.
                )

            [id] => AEGD
            [idSort] => AEGD
            [name] => Public Trust Office
            [custom] => Array
                (
                    [custom1] => This agency description was compiled as part of a project to capture the finding aids created prior to 1987 into the GAIMS system. Agency dates are based on dates of holdings.
                    [custom2] => 
1. Archives New Zealand, 2004, Public Trust Office, Head Office (AADV) Agency documentation. 
2. Vennell, C.W. A Century of Trust, A History of the New Zealand Public Trust Office, Wilson and Horton, Auckland 1973.
3. Deceased Estates and the Public Trust [Denis Hampton, NZ Genealogist, May 1989] 


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                            [0] => 2248
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                    [0] => Array
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                            [name] => Realm of New Zealand
                            [type] => controlled_by
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                                (
                                    [normalizedValue] => 1947-01-01T00:00:00.0Z
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                                            [0] => approximate
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                                            [0] => approximate
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                                )

                            [itemType] => Organisation
                            [relationHasSource] => A0020
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                    [1] => Array
                        (
                            [name] => Dominion of New Zealand
                            [type] => controlled_by
                            [hasBeginningDate] => Array
                                (
                                    [normalizedValue] => 1907-01-01T00:00:00.0Z
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                                        (
                                            [0] => approximate
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                                )

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                                            [0] => approximate
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                                        )

                                )

                            [itemType] => Organisation
                            [relationHasSource] => A0009
                        )

                    [2] => Array
                        (
                            [name] => Self-Governing Colony of New Zealand
                            [type] => controlled_by
                            [hasBeginningDate] => Array
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                                    [normalizedValue] => 1872-01-01T00:00:00.0Z
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                                            [0] => approximate
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                                    [normalizedValue] => 1907-01-01T00:00:00.0Z
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                                            [0] => approximate
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                                )

                            [itemType] => Organisation
                            [relationHasSource] => A0005
                        )

                )

            [agentMandateEstablishing] => Public Trust Office Act 1872
            [agentMandateOther] => Array
                (
                    [0] => Public Trust Office Act 1908
                    [1] => Public Trust Office Act 1872 Amendment Act 1886
                    [2] => Public Trust Office Acts Amendment Act 1891
                    [3] => West Coast Settlement Reserves Act 1881
                    [4] => Public Trust Office Act 1957
                    [5] => Public Trust Office Act 1901
                    [6] => Public Trust Office Amendment Act 1968
                    [7] => Public Trust Office Acts Amendment Act 1893
                    [8] => Public Trust Office Amendment Act  1912
                    [9] => Native Reserves Act 1882
                    [10] => Public Trust Office Act 1876
                    [11] => Public Trust Office Act Amendment Act 1873
                )

            [agentType] => Record group
            [authorityRelation] => Array
                (
                    [0] => Array
                        (
                            [name] => Public Trust - Company Receivership Records
                            [type] => controlling
                            [hasBeginningDate] => Array
                                (
                                    [normalizedValue] => 1917-01-01T00:00:00.0Z
                                    [dateQualifier] => Array
                                        (
                                            [0] => exact
                                            [1] => yearOnly
                                        )

                                )

                            [hasEndDate] => Array
                                (
                                    [normalizedValue] => 1970-01-01T00:00:00.0Z
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                                        (
                                            [0] => approximate
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                                        )

                                )

                            [itemType] => Series
                            [relationHasTarget] => 26559
                        )

                    [1] => Array
                        (
                            [name] => Miscellaneous Public Trust records
                            [type] => controlling
                            [hasBeginningDate] => Array
                                (
                                    [dateQualifier] => Array
                                        (
                                            [0] => unknown
                                        )

                                )

                            [hasEndDate] => Array
                                (
                                    [dateQualifier] => Array
                                        (
                                            [0] => unknown
                                        )

                                )

                            [itemType] => Series
                            [relationHasTarget] => 26558
                        )

                    [2] => Array
                        (
                            [name] => Debenture Certificates
                            [type] => controlling
                            [hasBeginningDate] => Array
                                (
                                    [normalizedValue] => 1876-01-01T00:00:00.0Z
                                    [dateQualifier] => Array
                                        (
                                            [0] => exact
                                            [1] => yearOnly
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                                )

                            [hasEndDate] => Array
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                                    [normalizedValue] => 1970-01-01T00:00:00.0Z
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                                            [0] => approximate
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                                        )

                                )

                            [itemType] => Series
                            [relationHasTarget] => 26464
                        )

                    [3] => Array
                        (
                            [name] => Letter books, cash books and associated records
                            [type] => controlling
                            [hasBeginningDate] => Array
                                (
                                    [normalizedValue] => 1849-01-01T00:00:00.0Z
                                    [dateQualifier] => Array
                                        (
                                            [0] => approximate
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                                )

                            [hasEndDate] => Array
                                (
                                    [normalizedValue] => 1960-01-01T00:00:00.0Z
                                    [dateQualifier] => Array
                                        (
                                            [0] => approximate
                                            [1] => yearOnly
                                        )

                                )

                            [itemType] => Series
                            [relationHasTarget] => 19705
                        )

                    [4] => Array
                        (
                            [name] => Auckland Public Buildings Commission records
                            [type] => controlling
                            [hasBeginningDate] => Array
                                (
                                    [normalizedValue] => 1878-01-01T00:00:00.0Z
                                    [dateQualifier] => Array
                                        (
                                            [0] => approximate
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                                        )

                                )

                            [hasEndDate] => Array
                                (
                                    [normalizedValue] => 1893-01-01T00:00:00.0Z
                                    [dateQualifier] => Array
                                        (
                                            [0] => approximate
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                                )

                            [itemType] => Series
                            [relationHasTarget] => 19703
                        )

                    [5] => Array
                        (
                            [name] => Photographs
                            [type] => controlling
                            [hasBeginningDate] => Array
                                (
                                    [normalizedValue] => 1902-01-01T00:00:00.0Z
                                    [dateQualifier] => Array
                                        (
                                            [0] => approximate
                                            [1] => yearOnly
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                                )

                            [hasEndDate] => Array
                                (
                                    [normalizedValue] => 1935-01-01T00:00:00.0Z
                                    [dateQualifier] => Array
                                        (
                                            [0] => approximate
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                                )

                            [itemType] => Series
                            [relationHasTarget] => 19702
                        )

                    [6] => Array
                        (
                            [name] => Departmental manual
                            [type] => controlling
                            [hasBeginningDate] => Array
                                (
                                    [normalizedValue] => 1937-01-01T00:00:00.0Z
                                    [dateQualifier] => Array
                                        (
                                            [0] => approximate
                                            [1] => yearOnly
                                        )

                                )

                            [hasEndDate] => Array
                                (
                                    [normalizedValue] => 1974-01-01T00:00:00.0Z
                                    [dateQualifier] => Array
                                        (
                                            [0] => approximate
                                            [1] => yearOnly
                                        )

                                )

                            [itemType] => Series
                            [relationHasTarget] => 19701
                        )

                )

            [digitalRecordInArchive] => 
            [hasBeginningDate] => Array
                (
                    [type] => YearStart
                    [normalizedValue] => 1849-01-01T00:00:00.0Z
                    [dateQualifier] => Array
                        (
                            [0] => approximate
                            [1] => yearOnly
                        )

                )

            [hasEndDate] => Array
                (
                    [type] => YearEnd
                    [normalizedValue] => 1974-01-01T00:00:00.0Z
                    [dateQualifier] => Array
                        (
                            [0] => approximate
                            [1] => yearOnly
                        )

                )

            [history] => 
Prior to the establishment of the Public Trust Office in 1872, the people of a sparsely and recently settled New Zealand were having difficulty finding close friends or relatives able and qualified to act as trustees for their estates.
The idea of appointing a state official to act as trustee with the government being responsible for their conduct was advocated. After some setbacks this idea was given legislative effect with the Public Trust Office Act 1872, and the Public Trust Office began operations in 1873.
Initially the aim of the Public Trust Office was to make available to the public a trustworthy administrator of the estates of deceased people at a reasonable cost; however its duties were quickly broadened. The Public Trust Office Amendment Act 1873 gave the Public Trust Office responsibility for the administration of intestate and lunatics' estates, duties formerly carried out by the Curators of Intestate Estates.
Whilst the Public Trust Office had agents throughout New Zealand, the Public Trustee could not delegate any powers. Thus the Public Trustee had to refer much of the important business, such as investment of trust funds, to the Public Trust Office Board.The Public Trust Office Board initially comprised the Colonial Treasurer (later the Minister of Finance), the Government Annuities Commissioner, Attorney General, Commissioners of Audit and the Public Trustee. As well as the board, various other agencies had a role in Public Trust Office affairs. The Public Trustee was appointed by the Governor-in-Council, while the other officers in the Public Trust Office were appointed by Treasury. Treasury also required a yearly balance sheet from the Public Trust Office which the Colonial Treasurer/Minister of Finance presented to Parliament. 
Originally there were five areas of business - Intestate Estates, Wills and Trusts, Lunatics Estates, Real Estates and Miscellaneous, which included Native Reserves. Other duties were given to the Public Trustee, such as administration of confiscated Maori land in Taranaki in 1882 and the sinking fund for local bodies loans in 1886. The addition of these and other functions saw a  rapid increase in business and made the execution of Public Trust duties increasingly difficult. These inhibitions on Public Trust Office work led to an increasing number of complaints about the office, prompting a Royal Commission investigation into the office in 1891. Amending legislation and regulations in 1891, 1894 and 1895 sought to broaden the scope of the office and clearly define the role of the Public Trustee. However this still did not satisfy successive Public Trustees who all pressed for more delegation. Extra duties were still being given to the office such as the Railways and Public Service superannuation funds in 1902 and 1907 respectively.
Amending legislation in 1912 further decentralised business by creating four Deputy Public Trustees, one each in Dunedin, Christchurch, Wellington and Auckland. They had many of the powers of the Public Trustee. In 1913 the board was reconstituted to include two non-public servants. 1912 saw another Royal Commission investigating Public Trust administration. It concluded that the office functioned well and suggested that the administration of Native Reserves be performed by a separate agency. 
The outbreak of war led to a major expansion in the work of the Public Trust Office. Estate administration increased as thousands of soldiers made wills throughout the period from 1914 to 1918. The office also took over the business of enemy traders. Like all government agencies at the time there were staffing difficulties due to military enlistments. Some of the workload was eased in 1916 when responsibility for the Public Superannuation Fund was withdrawn from the Office and placed under the Superannuation Board. In 1917 there was further administrative change; the Public Trustee's functions were now assigned with two Assistant Public Trustees. The three formed the Public Trust Board and shared the duties previously carried out by the Public Trustee.
Additional delegation of office authority occurred after the end of hostilities. By 1921 all estates were managed by the district offices, leaving head office to concentrate on policy and management. A statistical section was also added to the administrative structure. In many district offices staff held the additional duty of acting as the local registrar for Births, Marriages and Deaths. In 1925 this task was passed to registrars appointed by the Department of Internal Affairs. The policy of decentralisation continued in 1928 with mortgage management and insurance work delegated to the district offices.
The worldwide economic downturn in the 1930s led to a major drop in mortgage interest, rents and other estate income. The Public Trust Office struggled with declining revenues and reported an operating loss in 1932. By the late 1930s there had been some improvement with the economic recovery. In 1936 the Public Trust Office was given responsibility for The Mortgagors and Lessees Rehabilitation Act, aimed to protect the interests of estates under administration. The years from 1939 to 1945 saw a surge in estate administration for the office as military personnel made wills before leaving overseas. Similarly, as was the case in the earlier World War, the Public Trustee became Custodian of Enemy Property. Such was the scope of the work conducted by the office that a senior staff officer was posted to the office of the New Zealand High Commissioner in the United Kingdom.
As part of the Government's postwar rehabilitation efforts the office became trustee for accounts belonging to minors who were dependents of deceased servicemen. In 1948 major administrative change occurred when the Public Trust Amendment Act abolished the Public Trust Office Board and all powers were passed to the Public Trustee. Decentralisation of control continued in 1950 when district office managers were given greater authority to deal with the administration of estates without reference to the District Public Trustees. The Public Trust Act 1957 brought up to date and consolidated eighty years of Public Trust legislation. 
The office made considerable progress in 1967 when all estates, funds and investments were able to be electronically processed. A significant change in legislation was the Public Trust Office Amendment Act 1968 which permitted a testator to appoint one or more trustees to act jointly with the Public Trustee. In addition to estate management the office also administered disaster funds, charitable institutions and agricultural training farms. By the 1970s such was the success of the Public Trust Office that its structure and operations were closely emulated in other Commonwealth countries. In 2001, under the Public Trust Act, the Public Trust Office became the Public Trust, a statutory corporation and crown entity.
Native Reserves Trustee/Maori Trustee
Under the West Coast Settlement Reserves Act 1881 and the Native Reserves Act in 1882, the Public Trust Office was responsible for the administration of native reserves, particularly on the west coasts of both the North and South Islands.  The trustee also administered the interests of Maori minors, Maori with disabilities, and those Maori who died intestate (without a will).
A separate office for the Native Trustee was established under the Native Trust Office Act, 1921.  This office was incorporated into the Native Department (Department of Maori Affairs) in 1934.
Deceased Estates and the Public Trust 
Author: Denis Hampton; NZ Genealogist;  May 1989. (This is an edited version of the original article)
From early days in the colony, arrangements were made to account for the possessions of its deceased residents. At first, intestate estates were entrusted to the Registrars of the Supreme Courts, and their statements of account can be seen in the NZ Gazette. 



A significant step was taken in 1865 to enable the appointment of provincial Curators of Intestate Estates. Returns of estates placed under their charge from mid 1866 were published in the Gazette. Particulars given included supposed British or foreign residence, value of estate, and occasionally, most informative remarks. 



Many of the estates were of West Coast and Otago miners, and the Curators’ remarks often reflected the harsh environment and social conditions of the time. A number of miners, sometimes working in pairs, were killed by falls of earth. Drownings were frequent. 



It is unlikely that the Curators’ records have survived. However, where, they have obtained orders to administer larger estates, papers will have been filed at local Supreme Court registries. 



The Public Trust Office began operations on 1 January 1873. The Public Trustee's modest initial duties were to be extended significantly in late 1873 with his taking over administration of intestate estates from the Curators. Like them, he was able to deal with estates valued at under £50 without recourse to the Supreme Court. His monthly returns, for some years in the same format as the Curator’s were to feature in the Gazette until the end of 1942. At the same time, he dealt with an increasing number of intestate estates, for which he had been appointed executor. These were notified separately in the Gazette from 1882 to 1894. 



In his centennial history, Vennell describes the near impossible workloads and inadequate facilities which the early Public Trustees and their staff endured. Inevitably there were delays in ad¬ministration and a growing number of complaints. The findings of a Royal Commission did little to promote the Office's services. 

Amending legislation in the early 1890s helped re¬store public confidence. The volume of work undertaken by the Office then grew steadily, in¬creasing noticeably during the Great War. In the year ending 31 March 1931, the Public Trustee ad¬ministered 1800 deceased estates, this being more than a third of the New Zealand total. Half of these were as executor, reflecting the growing num¬ber of clients lodging their wills with the Office. 



Administration Miscellaneous 

Occasionally the Public Trustee was appointed to, administer certain "problem" estates. The first of these were when the nominated executor predeceased the testator, or was unable or unwill¬ing to carry out his duties. In such cases, the Public Trustee became administrator "with will an¬nexed". 



Sometimes an executor or administrator began, but failed to complete, administration of an estate. The Public Trustee in finishing the work, was said to ad¬minister "de bonis non". 



In seeding the Public trust concept, Stevens had expressed concern for the welfare of widows and orphans. New Zealand's growth coincided with major advances in technology, and as Coroners' records attest, there were often victims. In a num¬ber of cases where workers died through accident, the Public Trustee took proceedings to obtain com¬pensation on behalf of their dependants. 



Election to Administer 

As previously indicated, the Public Trustee had power to administer small intestate estates without obtaining Court orders. It eventually became necessary that some judicial record of his authority be made, and in 1893 legislation was passed ena¬bling him to file in the Supreme Court an "Election to Administer" i.e. he supplied in writing details of the estate including the deceased's property, and an election to administer that property. Al¬though no Court order was made, he was then free to administer the estate as though one had been. He was however, required to publish details of his elections in the Gazette, and these have become the second major series of listings of value to the researcher, continuing until 1958. At first, particulars given were the name, locality and occupation of the deceased and the date filed. 



Legislation late in 1913 allowed the Public Trustee to file elections for small testate estates, with the testator's last will annexed. By then a small estate was one estimated not to exceed £400. At the same time, a Court fee of three shillings was set for each election filed. From May 1916, the Gazette notices were to include date of death and if the deceased was testate or intestate. By virtue of its simplicity and low cost, the "Election to Administer" proved to be a valuable tool in dealing with small estates. 



Soldiers’ Estates 

During the years of WW1 [World War 1], the Public Trust Office was to play a major role in the preparation of soldiers' wills and administration of their estates. An alternative for the soldier was to use the will form in his pay-book, but this often caused problems for the Office. It usually took in excess of 12 months before the pay-book was returned to New Zealand, delaying administration of the estate. A remedy sometimes adopted was for the Public Trustee, under a section of the Act, to administer the estate pending Grant of Administration. For three years from early 1916, lists of “Administrations pending” were published in the Gazette. The soldier’s civilian occupation and residence were usually given. 



At that time, the minimum legal age for making a will was 21. Retrospective legislation was passed in 1918 validating the wills of soldiers under that age. By war's end, the Office had dealt with the estates of more than 7,000 deceased soldiers, with several thousand more under action or anticipated. In addition, there were 1,000 or more additional estates arising from the 1918 Influenza epidemic. 



Undeterred by its experiences in the First World War, the Public Trust Office was again to the fore in the Second. Many more servicemen were to make wills, and special arrangements were made in Lon¬don to deal with deceased airmen's estates. The Office continues its association with the Armed For¬ces by advising, and receiving the wills of many of today's servicemen. 
Devolution 

From the outset, the Public Trustee was to com¬plete administration of all deceased estates at Wellington. Moves for decentralisation were made even prior to the turn of the century. Amending legislation in 1922 authorized the appointment of District Public Trustees, allowing a good deal of the administration to be delegated to local offices. The following extract from the 1948/49 annual report best describes the situation that had existed for many years: 

Except where a private solicitor is employed (at the direction of the testator or beneficiaries) to perform the legal work of the estate, it is the practice to file in the Supreme Court at Wellington all applications for administration including grants of probate, or¬ders to administer and elections to administer. The Court papers are prepared in party by the legal staff at the district offices, and are completed, checked and filed by the Legal Division in Head Office. 



But changes were on the way. During the year en¬ding March 1950, district offices were instructed to file Elections to Administer (small estates) in local Supreme Court registries. The following year, of¬fices in Auckland, Christchurch and Dunedin were authorized to file applications for grant of probate (wills) and letters of administration (larger intestate estates), locally. By March 1952, this had been ex¬tended to the other district offices. 
Court Records 

As with all deceased estates, it is the documents filed at the High Court that are of most interest to the researcher. As indicated above, Public Trust documents for all of New Zealand were filed at Wellington until c.1950, and thereafter at local registries. These include the Elections to Administer (filed locally, October 1893 – October 1894) of small estates from 1893, and all are available for searching as per current regulations. Many High Courts have now deposited their probate/administration documents with Archives New Zealand. 



Public Trust Records 

It is hard to imagine a more paper-generating ac¬tivity than estate administration. Inadequate storage space forced the Office even in its early years, to make several accommodation changes. Regulations gazetted in 1922 allowed the destruc¬tion of completed estate files more than 25 years old. (This was reduced in 1981 to 15 years). Before destruction, the files were to be sorted and listed. 



NZ Gazette Lists 

The most readily accessible key to Public Trust estates are the listings in the NZ Gazette. These record:
 - Estates placed under charge (1873-1942) 

-  Elections to administer (1893-1958) 

-  Appointed executor (1882-1894) 

-  Administration pending (soldiers) (1916-1919) 




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                            [location] => Wellington
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