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 […]
Relocation – what happens when guardians disagree?
If you are separated and have children and you want to move with them outside the area you currently live in, this is called relocation. Deciding where a child lives is a guardianship issue which means the guardians must consult and agree when making this decision. Disputes can arise when one parent objects to the […]
Personal Grievances – in a nutshell
A personal grievance is a complaint that an employee can make against a current or former employer. They are covered in part 9 of the Employment Relations Act (“the Act”). A personal grievance can be raised in relation to a number of different topics, such as: An unjustified dismissal – where an employee seeks to […]