An unorthodox person—New Zealand Court of Appeal holds that a trust can be a person: RH & JY Trust v WorkSafe New Zealand [2026] NZCA 12

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ID: 320390
2026
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Abstract
Abstract In RH & JY Trust v WorkSafe New Zealand [2026] NZCA 12, the New Zealand Court of Appeal held that a trust, or trustees acting collectively, can constitute a person and be criminally liable under workplace legislation. However, in a strong dissent, Whata J contended that orthodox trust principles already provide for individual trustee liability without needing to treat a trust as a person. The case has produced different results at all levels of New Zealand’s courts, and the Supreme Court has now granted leave to appeal. Trust practitioners and lawyers in New Zealand and elsewhere will be watching closely.
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openalex_W7167913229 Use this key to autocite in the manuscript while using SciMatic Manuscript Manager or Thesis Manager
Authors Simon Barber
Journal Trusts & Trustees
Year 2026
DOI
10.1093/tandt/ttag059
URL
https://doi.org/10.1093/tandt/ttag059
Keywords Keywords not found

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