Effective Trust Management and Asset Protection

Tuesday, July 15, 2014

"Trust busting" is the term given to an attempt made to penetrate a Trust structure and have assets held by the Trust declared by the Courts to be owned personally by an individual. The implication of Trust assets being found to be owned personally is that these assets then become part of an individual's net worth and are an available "property pool" to former spouses/partners or creditors with valid claims against the individual.  Read more

Know Your Business - Things You Should Think About Before the Sale

Thursday, November 07, 2013

When it comes to a business sale you need to "know your business".  It is far too easy for assumptions to be made that are not incorporated in the sale agreement itself.  In this article, we comment briefly on some of the things you should think about before seeing an agent or putting pen to paper.  Read more

Defective Cross Lease Titles

Friday, October 11, 2013

Looking at buying or selling a cross lease property? One of the most common issues plaguing cross lease properties throughout New Zealand is the likelihood the flats plan (which is meant to show the boundary lines of the house, garage etc) is out-of-date and has not been updated following structural additions or improvements. The reason: it's not, strictly speaking, necessary from Council's perspective, and building consent may be granted without any reference or requirement to update the property's flats plan. The flow-on effect from this is the flats plan (which is attached to the certificate of title) is "defective", arguably giving a purchaser the right to pull out of an otherwise unconditional sale and purchase agreement.  Read more

Doing Business in New Zealand - A Guide

Thursday, April 18, 2013
CONTENTS Read more

KiwiSaver Employer Contributions Rate Change

Thursday, April 04, 2013

The minimum contribution rate for employers and employees has increased from 2% to 3% of gross salary or wages from the first pay period commencing on or after 1 April 2013.  Read more

KiwiSaver for Generation Y - First Home Buyer Support

Wednesday, April 03, 2013

KiwiSaver has almost two million members. As at 1 May 2012, approximately 340,000 of those members were aged between 25 and 34. One of the advantages of KiwiSaver for this age group and others who are in the first home market is the schemes to assist first home buyers. Members can apply for a first-home deposit subsidy of up to $5,000.00 and can withdraw all or part of their savings to put towards their deposit.  Read more

Commercial Property Due Diligence Issues

Monday, February 25, 2013

Purchasers of commercial property should undertake an exhaustive review of each potential purchase before declaring an agreement unconditional. This review should be undertaken in consultation with your lawyer, accountant, property manager, building inspector, lender, and otherwise as appropriate. Read more

To Gift or Not to Gift?

Tuesday, February 19, 2013

Gift duty was abolished from 1 October 2011 and while the legislative change itself is simple, it has surprisingly complex consequences. The abolition of gift duty has made it possible for individuals to gift assets directly to a trust and it is likely this practice will supplant the former method of selling property to a trust with a gift back. Read more

Evicting a Commercial Tenant - Know Your Rights

Tuesday, February 12, 2013

The Property Law Act 2007 ("PLA") codifies – very strictly – the process and means by which a commercial tenant may be evicted for non-payment of rent or some other breach of its lease obligations. Whether you are the landlord or the tenant,it is critical you understand your rights and obligations in an eviction scenario.  Read more

Important changes to Employment Law from April 2011

Wednesday, November 16, 2011

As you may be aware from recent media reports, changes to the Employment Relations Act 2000 (ERA) and Holidays Act 2004 (HA) have now been passed into law and, for the most part, came into effect on 1 April 2011.  Read more

Recent Posts


Unfair contract terms Grey Power Testamentary Promises Asset Protection Financial Markets Conduct Act 2013 (FMCA) Tenants Testamentary capacity Fair share Financial services provider (FSP) Employment Wilson v Donnellan Economic disadvantage Residential Lease Titles Family Protection Act 1955 Undue influence Shareholders' Agreement Section 182 Family Proceedings Act 1980 Amundson v Raos Wills Company Law Break up Lankow v Rose Business Intellectual Property Ministry of Social Development Trust Check Up Blackwell v Hollings Trust busting SMC Will Testamentary writing Division of Functions Litigation Claims against estates Murrell v Hamilton Tenant Fair Trading Act 1986 Compensation Financial products Tamarapa v Byerley Conract Law Personal Properties and Securities Act 1999 Changes Family Trusts Eviction Directors' Duties Erceg v Erceg Income Lump sum Financial Advisers Act 2008 Valid wills Expression of interest Commercial Property Wills Act 2007 Section 14 Property Health and Safety Reform Bill Elder Law Trustee Duties Gifting Financial services Auckland Office Due Diligence Landlord Companies Act 1993 Interpretation Act 1999 Section 29 Living standards Sale of Goods Commercial Law De facto Reckless Trading Will that do Charity Trust Confidentiality White v White Work and Income Trusts Immigration New Zealand Commercial Contract and Commercial Law Act 2017 Executors duty Beneficiary Rights Consumer credit contracts Civil union Creating Trusts Credit Contracts and Consumer Finance Act 2003 (CCCFA) Case Study WINZ Anti-money laundering (AML) Rest Home Subsidies Section 15 Ilott v Mitson 2017 UKSC 17 Subsidies Deceased's wishes Seperation Marriage Wills Act 2007 Body Corporate Visa application Validity of Wills Zero Hour Contracts Charity begins at home Ministry Terms of Trade Interpretation Act 1999 Gifts Lease Resident Clayton case Section 15A Invalid wills Duress Relationship Property Loss of income Interpretation of documents Trusts Bill Administrators duty Estate Administration Immigration Document Disclosure Constructive trusts Albany Office Personal Privacy Act 1993 Re Estate of Campbell Legislation update Re Estate of Feron Wills Act 2007 Section 8 Skilled migrant Skilled migrant points Property (Relationships) Act 1976 KiwiSaver Testamentary freedom Charities Broadbent v Ministry of Social Development Hawkes Bay Trustee Company Limited v Judd Wills Act 2007 Section 11