The Māori Appellate Court confirms a beneficiary’s right to access trust information from a Post-Settlement Governance Entity. Core Legal Masterton & Wellington explain what this means for trustees and beneficiaries.

Māori Appellate Court Confirms Beneficiary Rights to Trust Information

A recent decision by the Māori Appellate Court has highlighted the importance of transparency in trust governance, particularly within Post-Settlement Governance Entities (PSGEs). The Court considered whether trustees could refuse to provide a beneficiary with detailed financial information about the Trust’s operations and assets.

The beneficiary had requested access to key documents, including budgets, trustee minutes, and financial reports relating to the Trust’s investments. The trustees declined to provide this information, raising the question of how far beneficiaries’ rights to information extend under New Zealand law.

Court’s Findings on Beneficiary Rights

The Māori Appellate Court determined that the information requested was relevant and potentially necessary for the beneficiary to hold the trustees accountable and enforce their obligations. As a result, the case was referred back to the Māori Land Court to reconsider whether the trustees’ refusal to disclose the information was reasonable.

Key points from the decision include:

• Beneficiaries have a general right to trust information under both the Trust Deed and the Trusts Act 2019.

• Trustees cannot withhold information without providing valid and reasonable grounds.

• Not every request requires full disclosure—but trustees must balance accountability with practicality.

This ruling reinforces that transparency is central to good governance in post-settlement and other trust structures.

Why This Case Matters for Trustees and Beneficiaries

For trustees, the decision is a reminder of their duty to act in the best interests of beneficiaries and to provide access to information where appropriate. A refusal to disclose without proper justification may expose trustees to legal challenge.

For beneficiaries, the case confirms that they are entitled to request information necessary to ensure that trustees are fulfilling their responsibilities. While not every document may be available, beneficiaries do not need to accept a blanket refusal.

Frequently Asked Questions (FAQs)

Can trustees refuse to give information to beneficiaries?
Trustees can only refuse if there are strong and valid reasons, such as privacy concerns or where disclosure could harm the trust’s interests. However, under the Trusts Act 2019, beneficiaries generally have the right to information that allows them to enforce trustee obligations.

What rights do Māori beneficiaries have under PSGE trusts?
Beneficiaries of Post-Settlement Governance Entities have the same fundamental rights as any trust beneficiaries, including access to relevant information. Trustees must remain accountable to their iwi, hapū, or whānau through transparent governance.

What kind of information can a beneficiary request?
Beneficiaries can usually request information such as trust deeds, financial accounts, budgets, trustee resolutions, and other documents needed to confirm that trustees are meeting their obligations.

What should I do if trustees refuse to provide information?
If you are a beneficiary and your request has been denied, you may challenge the refusal through the Māori Land Court or other legal avenues. It is advisable to seek legal advice on trusts and disputes from an experienced lawyer.

Do trustees need to share every single document with beneficiaries?
Not necessarily. Trustees are not required to provide excessive or irrelevant information. The Court has clarified that beneficiaries are entitled to information that helps them ensure the trust is being managed properly, but not necessarily to every detail of trustee deliberations.

How Core Legal Can Help

At Core Legal Masterton & Wellington, we advise trustees and beneficiaries on their rights and obligations under New Zealand trust law. We can help you:

• Understand your obligations as a trustee when responding to information requests

• Support beneficiaries in making or enforcing requests for trust documents

• Draft or review trust deeds and estate planning documents in line with the Trusts Act 2019

• Resolve trust disputes and relationship property issues effectively

• Provide guidance on wills, estates, and succession planning to protect your whānau’s future

If you are uncertain about your responsibilities as a trustee, or your rights as a beneficiary, our legal team can provide clear, practical advice to guide you forward.

???? Suggested internal links

• Trusts and Disputes Legal Advice

• Trust Deeds and Estate Planning

• Wills and Succession Planning

• Family & Relationship Property Law