Trust deed NZ services for family, business and property trusts. A properly drafted trust deed protects your assets, clarifies ownership and gives trustees certainty from day one. Fixed fee, done for you across New Zealand.
Includes your free consultation, Trust Deed drafting, review of existing documents and trust administration setup guidance. No hourly billing.
We don't hand you a template. Every Trust Deed is personally drafted around your specific assets, trustees and long-term goals — compliant with the Trusts Act 2019 and written in plain English.
What's included in your Trust Deed service — $750 + GST
Everything below is covered under one fixed fee. No extras, no hourly billing, no hidden costs.
Before drafting anything we learn about your assets, your family or business situation and what you are trying to achieve. The Trust Deed reflects your actual circumstances.
Trust documents should be readable. We write in plain English so trustees and beneficiaries understand their rights and obligations clearly.
A properly drafted Trust Deed is your primary asset protection tool. Clear trustee powers and beneficiary terms significantly reduce the risk of disputes or compliance failures.
The 2019 Act introduced significant new obligations for trustees. We ensure your Trust Deed meets every current requirement so you are not exposed by an outdated document.
$750 + GST covers the full service. You know the exact cost before we start. No ticking clock, no bill shock and no add-ons you didn't ask for.
Trusts require ongoing governance. We are available for trustee resolutions, deed variations and compliance questions as your trust and circumstances evolve.
A trust without a properly drafted deed — or with an outdated one — leaves assets exposed, creates trustee liability and can result in costly disputes. The Trusts Act 2019 significantly increased obligations on trustees.
Simple, clear and done for you — from first conversation to finalised Trust Deed.
We start with a no-obligation call to understand your assets, goals and the type of trust you need. We confirm whether a trust is right for your situation before any work begins.
Your price is confirmed upfront at $750 + GST — the complete service. You can pay online immediately or we invoice after the consultation. No ticking clock.
We personally draft your Trust Deed tailored to your trustees, beneficiaries and assets. Full Trusts Act 2019 compliance is built in from the start.
You review the draft and we make any adjustments included in your fee. Once finalised, your Trust Deed is ready along with guidance on trustee obligations and next steps.
Ready to get started?
Book a free consultation or buy directly online — $750 + GST.
The type of trust you need depends on what you are protecting and how you want assets managed. We draft all of the following at the same fixed fee.
Margate Group is a business consultancy, not a law firm. We provide trust documentation and governance support services. We do not provide services reserved for lawyers and we cannot represent clients in court proceedings.
Real outcomes for real NZ business owners and families.
We can't recommend The Margate Group highly enough. During our business's start-up phase, Margate provided invaluable, clear, and precise advice on agreements and structure. They have a unique ability to explain complex legal jargon in plain terms.
It's not often I write reviews but I have been incredibly impressed with work done by Margate reviewing a number of contracts for my business. Highly recommended.
As a SME owner, getting the right advice isn't always easy. Margate strike the perfect balance of professional, direct and genuinely caring. From contract negotiations to tricky customer non-payment disputes, they've consistently helped me achieve the right outcome. Highly recommend.
A Statutory Demand is a serious legal step with strict rules. Understanding how it works — and the risks of getting it wrong — protects you and maximises your chance of recovery.
A Statutory Demand is a formal legal notice served on a company under section 289 of the Companies Act 1993. It demands payment of a debt within 15 working days. If the company fails to pay the debt, compound a satisfactory arrangement or successfully apply to set the demand aside, it is presumed to be insolvent under the Act.
That presumption of insolvency then allows the creditor to apply to the High Court for an order to liquidate the company. The threat of liquidation is why Statutory Demands are so effective — most companies will pay rather than face the reputational and commercial consequences of winding up proceedings.
A Statutory Demand is what is sometimes called a "self-help" remedy. Unlike a court judgment, it does not require a court order before it is issued. The creditor prepares and serves the demand directly on the debtor company — no court application is required at this stage. This makes it significantly faster and cheaper than standard civil debt recovery through the courts.
A valid Statutory Demand must meet strict requirements under the Companies Act 1993. The debt must be owed by a company registered under the Companies Act — it cannot be served on individuals, sole traders or partnerships. A separate legal regime applies to those debtors.
The debt must be at least $1,000, currently due and payable, and must not be genuinely disputed. Serving a demand for a disputed debt is a misuse of the process and the debtor can apply to the court to have it set aside — potentially with a costs award against you.
The demand itself must be in the prescribed form under the Companies Act Regulations 1994. It must correctly identify the creditor, the debtor company, the amount of the debt and the basis on which it is owed. It must be served correctly — generally by personal service on a director or the company's registered office.
Any defect in the form, content or service of the demand can give the debtor grounds to apply to set it aside. This is why professional preparation matters — an incorrectly drafted demand that is set aside has warned the debtor, given them time to restructure and may have cost you more than the original debt.
Once the 15 working day period expires, three things can have happened. First, and most commonly, the debtor pays the debt in full or reaches a settlement — in which case no further action is needed and the demand has served its purpose.
Second, the debtor may have applied to the High Court within the 15 days to set aside the demand. This is only available where the debtor has a genuine dispute about the debt, a counterclaim that offsets the amount owed, or where the demand is defective. The court will dismiss spurious applications but a genuine dispute will succeed.
Third, if the debtor has done nothing — has not paid and has not applied to set the demand aside — the presumption of insolvency arises. The creditor may then make an application to the High Court for an order to wind up the company. At this stage you will need to engage a solicitor as court representation is required. We can guide you on next steps and refer you to appropriate legal counsel if needed.
Yes. A debtor company can apply to the High Court within 15 working days of service to set the demand aside. The court will grant the application if the debtor can show that the debt is genuinely in dispute, that there is a counterclaim or cross-demand that equals or exceeds the amount of the demand, or that the demand is defective in some other way.
Courts have consistently emphasised that the Statutory Demand process is not intended to be used as a pressure tool to recover disputed debts. Using a demand for a debt that is genuinely contested is an abuse of process and can result in the demand being set aside with costs awarded against the creditor.
This is why the initial eligibility assessment is critical. If there is any real prospect that the debtor will dispute the debt, an alternative approach — such as a demand letter, negotiation or court proceedings — may be more appropriate. We assess this before drafting anything and advise honestly if a Statutory Demand is not the right tool for your situation.
A Statutory Demand does not require a court judgment to issue. It is a pre-litigation step that creates pressure through the threat of insolvency proceedings. It is faster, cheaper and often more effective than court action for undisputed commercial debts. However it can only be used against companies, and only for undisputed debts.
A judgment debt is obtained after court proceedings — either by obtaining a default judgment where the debtor does not defend the claim, or after a hearing. A judgment can be enforced against individuals and companies alike, through asset seizure, charging orders over property or examination summons. Enforcement of a judgment is separate from obtaining one.
For undisputed company debts, a Statutory Demand is often the first and most effective step — triggering payment before court proceedings are necessary. For disputed debts, or debts owed by individuals, court proceedings are the appropriate route. We advise on which approach suits your situation during the free consultation.
Service of a Statutory Demand is governed by the Companies Act 1993. The demand must be served on the company — not just sent by email. The primary methods are personal service on a director of the company, service at the company's registered office, or leaving the document with a person who appears to be in charge of the registered office.
The 15 working day clock does not start running until the demand is properly served. Incorrectly served demands — for example, simply emailing them — may not be legally effective and could be challenged. Where service is disputed this can affect whether the presumption of insolvency arises.
We provide detailed guidance on how to serve your specific demand, including the company's registered office address from the Companies Register and the best approach for your circumstances. Keeping proof of service — ideally a signed acknowledgement or statutory declaration — is strongly recommended.
Ready to recover your debt?
We prepare Statutory Demands that comply with every requirement of the Companies Act 1993 — and advise on eligibility before drafting anything.
Start with a free 30-minute consultation — or buy directly online for $495 + GST.
Book Free Consultation Buy Now — $495 + GSTHonest answers about our Trust Deed service and NZ trust law.
Can't find what you're looking for?
Ask Us AnythingYes. A valid Trust Deed is the foundational document that creates the trust. Without a Trust Deed there is no trust. It defines who the trustees and beneficiaries are, what assets are held and how those assets are managed and distributed.
Our Trust Deed service is a fixed fee of $750 + GST. This covers your free consultation, a fully tailored Trust Deed draft, review of any existing documents, administration setup guidance and one revision round. No hourly billing and no hidden costs.
If your trust was established before 30 January 2021, a review is strongly recommended. The Trusts Act 2019 introduced mandatory trustee duties and new beneficiary rights that apply to all trusts regardless of when they were set up. Older deeds may no longer reflect your legal obligations.
We draft family trusts, business trusts and property trusts. We also review and update existing Trust Deeds for compliance with the Trusts Act 2019. All trust types are covered under the same fixed fee of $750 + GST.
Yes. Every Trust Deed we draft is tailored to your specific trustees, beneficiaries, assets and goals. We do not use generic templates. The deed reflects your actual circumstances and is drafted in plain English so everyone involved understands their rights and obligations.
Under the Trusts Act 2019, trustees have mandatory duties including the duty to know the terms of the trust, act honestly and in good faith and act for the benefit of beneficiaries. Default duties include prudent investment, keeping proper records and considering whether to distribute trust property. Breaching these duties can result in personal liability.
No. Margate Group is a business consultancy, not a law firm. We provide trust documentation and governance support services. We do not provide services reserved for lawyers and we cannot represent clients in court proceedings.
Yes. We work with clients nationwide across New Zealand. All our services are available remotely so your location is no barrier. We regularly work with clients in Wellington, Christchurch, Hamilton, Tauranga and rural regions across New Zealand.
Don't leave your assets exposed with an outdated or missing Trust Deed. A fixed-fee, Trusts Act 2019 compliant deed drafted for your specific situation — delivered to you fast.
Get started today
Trust Deed Setup — $750 + GST
Book a free consultation to discuss your situation or buy directly online and we will follow up to gather the details we need.
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We are a business consultancy, not a law firm. We cannot represent clients in court proceedings.
