Wage subsidy fraud – should you be concerned?
Recent media coverage would have us believe that the government has a bevy of auditors armed and ready to investigate businesses who might have applied for the Covid-19 wage subsidy in a fraudulent manner. Finance Minister, Grant Robertson, claimed in one such article that, “…those found to be in breach could face criminal prosecution and […]
Family Violence
New Zealand is a beautiful country and a wonderful place to live, particularly in these Covid times. We feel relatively safe and perhaps even a little smug. However, not everyone in our little piece of paradise is safe from violence. Violence is not limited to physical violence and indeed it is arguable that verbal, emotional, […]
Reverse Mortgages: When going backwards can be the forwards move you just may want to consider
Reverse Mortgages have been in New Zealand since the early 2000’s. According to Google, the concept was actually devised by a bank manager in the USA back in 1961 who was wanting to make sure that the widowed wife of his high school football coach could stay in her home after losing her husband. If […]
Executor Responsibility
If you are an Executor under a Will you are not only dealing with the grief of losing a loved one, but you now have the added responsibility of Estate administration. The first thing to be aware of, is that Powers of Attorney cease to have effect. They cannot be relied upon to access bank […]
A New Dymond at Schnauer and Co
When it comes to your business, having the right legal advice from someone you trust is key. Schnauer and Co are therefore pleased to announce and welcome Alison Dymond who has joined us to head up our property and commercial team. Alison has a wealth of domestic and international experience that she applies to all […]
The Woes of Incapacity when you have a Trust
Like most developed countries New Zealand has an aging population. As people are living longer this usually brings with it physical and mental challenges that may result in unanticipated legal issues unless you have taken the time to keep your legal housekeeping up to date. As a country that loves trusts, the implications are significant […]
Preparing to Jump through Hoops for Success
The recent changes to the Credit Contracts and Consumer Finance Act 2003 (CCCFA) and Credit Contracts and Consumer Finance Regulations 2004 (CCCFR) are intended to add security to borrowers by enabling them to make informed choices and ensure that they are able to meet their debts. They also require a greater standard of due diligence […]
Parenting Disagreements About Vaccinations
Certain decisions by parents need to be made jointly. For example, what school your child attends and now in 2022, whether your child should receive the Covid-19 vaccinations. If there is disagreement, guardians can apply under section 46R of the Care of Children Act (the Act), to have a Judge make the decision. This issue […]
Memoranda of Guidance – What’s the purpose?
When a Trust is set up the settlor usually has views on how they would like the Trust funds to be used and distributed. These views are typically recorded in a Memorandum of Guidance and provided to the trustees with the Trust deed. However it is important to remember the Memorandum of Guidance is not […]
What happens if someone dies without a Will?
Losing a loved one is incredibly stressful for those left behind. This stress can be compounded when the deceased has not left a Will setting out how they wish their assets to be dealt with. Many people mistakenly believe that when a person dies without a Will, their Estate is paid to the Crown (Government). […]
Expert Tips for First Home Buyers – Part One
We have put together a resource toolkit to highlight some of the common misconceptions that some first home buyers have and provide you with tips on how to avoid some easy mistakes when buying your first home. Our expert tips will be presented over [6] easy to read articles, and they are all designed to […]
How far does a Trustee Liability Clause protect you?
‘Trustee liability’ is a common term thrown about in the current Trust legislative environment, though it is often misconstrued. While Trustees are the caretakers of Trust assets being held for the benefit of the beneficiaries of the Trust, they must act with the necessary skill, prudence and diligence of an accountable Trustee. However, Trust deeds […]
Subdivisions and the crucial role of your lawyer
On 20 December 2021 the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 was passed into law. This amendment to the Resource Management Act (RMA) allows Councils in the larger cities of New Zealand to change their density planning rules so that more medium density homes can be built. Medium density housing […]
Inheritance laws
The laws surrounding inheritance are set to experience some changes following a review carried out by the Law Commission. The Commission’s recommendations for change are presented in its report titled “Review of succession law: rights to a person’s property on death”. The Law Commission aims to simplify the law of inheritance which has previously been […]
Family Violence – Employment Rights
Family violence can impact many different areas of life, including employment. It is therefore important that we are aware of the rights and responsibilities in regard to family violence in the context of employment. Family violence can be physical, sexual or psychological and encapsulates all violence in family and intimate relationships. Family violence is an […]
Is co-ownership for you?
It is no secret that buying property in Auckland is very expensive. Despite recent media attention of falling house prices in Auckland and the property sector becoming “a buyer’s market”, Barfoot & Thompson recently reported that the median prices for houses it sold in June were 2% higher than their May numbers and 3.5% higher […]