Friday, 07 September 2018 11:54

Seven golden rules for rural trustees

Written by  Graeme Frewin, manager with Perpetual Guardian, Wellington
Graeme Frewin. Graeme Frewin.

OPINION: Something important has been missing from the discussion of the role and responsibilities of the trustees of New Zealand’s 450,000 or so family trusts.

Namely, the special tasks and obligations facing a trustee of an entity based in rural NZ.

What is special about the role of a ‘rural trustee’? It all sheets back to NZ’s primary industry-based economy and the disproportionate – by global comparative standards – amount of wealth that sits in farms and other agriculture-based businesses. Many are often family-owned enterprises that have grown larger and more complex over generations. It is estimated at least 50% of rural properties in NZ are owned by trusts. 

Against this backdrop, rural trustees should be keeping a handful of simple yet ironclad rules:

1. The fundamentals of trusteeship apply. 

A good trustee welds technical knowhow with relationship skills. A rural trustee will maintain a variety of interpersonal relationships, some with other professional advisers (lawyers and accountants, most commonly) and others with family members (the trustee may be a family member or a professional outsider). Maintaining professionalism while devoting equal time and energy to several beneficiaries takes skill, experience and good instincts. 

2. Listen to your clients, but maintain a professional distance. 

The job of a rural trustee can be a delicate dance; you must know your clients well, and you may work with them over many years, but you must keep your place as a professional service provider rather than a friend. This can be especially tricky when the trustee is part of the family involved in the trust. The overriding responsibility is to understand from the trust beneficiaries what their desired outcomes are. 

3. Have a sound awareness of the (ever-changing) legislative and regulatory requirements. 

Get the governance right. The diversity of businesses run on rural properties and the legislative requirements in trust law mean the trustee needs a clear game plan to ensure the productive and compliant running of the rural business and sound trust governance. The rural trustee must be familiar with a variety of laws pertaining to trust-owned rural land or businesses.

4. Hold other trustees and interested parties to account. 

To take one piece of legislation as an example, the rural trustee is responsible for Health & Safety at Work Act 2015 obligations on any site or property held by the trust. A trustee’s dominant thinking needs to be: What can I evidence that I have done to understand and enhance the hazard identification of the workplace environment for employees or third parties working on property owned by the trust, to make it a safe working environment for all users? Trustees stand personally exposed should legislative or regulatory obligations not be met, and ignorance of the law is not a defence. 

5. Be a good partner to other service providers.

Collaboration is the art of linking arms, and the rural trustee needs a full stable of seasoned professionals in order to thrive. These include accountant, lawyer, banker, risk adviser, farm adviser, regional authority liaison officers, wealth managers, etc.

6. Always have a plan.

This team operates like any other successful business – based on a business model and plan directed at achieving the stated goals and objectives of the business and its owners. This model, once implemented and executed, ensures the goals of the business remain visible, which invariably flows into the goals of the trust beneficiaries being met. 

7. Challenge misconceptions and erroneous notions. 

Often good decisions don’t get made because of cost or the perception of cost. 

There is, of course, a cost to good governance. There is an old saying that if you think the cost of doing something is expensive, wait until you see the cost of not doing it. A good trustee will steer clients away from false economies and towards responsible, prudent and necessary financial decisions.

• Graeme Frewin is a manager with Perpetual Guardian, Wellington.

Featured

Vaccinate against new lepto strain

A vet is calling for all animals to be vaccinated against a new strain of leptospirosis (lepto) discovered on New Zealand dairy farms in recent years.

Funding boost for red meat

Two major red meat sector projects are getting up to a combined $1.7 million in funding from the New Zealand Meat Board (NZMB).

Otago's supreme winner

Angus Barr and Tara Dwyer of The Wandle, Lone Star Farms in Strath Taieri have been named the Regional Supreme Winners at the Otago Ballance Farm Environment Awards in Dunedin.

Editorial: Wake up Wellington

OPINION: The distress that the politicians and bureaucrats are causing to the people of Wairoa and the wider Tairāwhiti is unforgivable.

TV series to combat food waste

Rural banker Rabobank is partnering with Food Rescue Kitchen on a new TV series which airs this weekend that aims to shine a light on the real and growing issues of food waste, food poverty and social isolation in New Zealand.

National

Machinery & Products

PM opens new Power Farming facility

Morrinsville based Power Farming Group has launched a flagship New Zealand facility in partnership with global construction manufacturer JCB Construction.

AGTEK and ARGO part ways

After 12 years of representing the Landini and McCormick brands in New Zealand, Bay of Plenty-based AGTEK and the brands’…

100 years of Farmall Tractors

Returning after an enforced break, the Wheat and Wheels Rally will take place on the Lauriston -Barhill Road, North-East of…

» Latest Print Issues Online

The Hound

Cut with care

OPINION: The new government has clearly signalled big cuts across the public service.

Bubble burst!

OPINION: Your canine crusader is not surprised by the recent news that New Zealand plant-based ‘fake meat’ business is in…

» Connect with Rural News

» eNewsletter

Subscribe to our weekly newsletter