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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Simon Barber, 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, Trusts & Trustees. Published: 10 July 2026.
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