Insights & Articles

Interesting insights on various areas of New Zealand law for individuals and businesses alike.
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If you're in the process of purchasing a property in Auckland, it's crucial to be aware of the potential limitations that may come with an agent-provided LIM.
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Buyer Beware: The Limitations of Agent-Provided LIMs

Obtaining a LIM is a crucial step for prospective property buyers, but with the cost of a LIM being around $400 and with many real estate agents offering LIMs at no cost, it can be tempting to rely on their convenient provision. However, it's crucial to be aware of the potential limitations that may come with an agent-provided LIM.
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Identify key changes, review your society's rules, draft a new constitution, advice on re-registration, or organisational structure - we offer guidance.
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Incorporated societies: Key changes and compliance

With approximately 24,000 incorporated societies in New Zealand, ranging from substantial business-like entities to modest sporting clubs, the Incorporated Societies Act 2022 ("New Act") influence is far-reaching. Regardless of size, all incorporated societies will be affected, so it is crucial to understand and prepare for the implications of the New Act to avoid potential consequences for non-compliance.
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This article discusses the upcoming New Zealand General Election and highlights the political parties' campaign promises.
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The Impact of the Upcoming Election on Employment Law in New Zealand

We are fast approaching New Zealand's General Election, and the nation's political parties have hit the campaign trail with their visions for the country. Changes are expected not only in the political sphere but also in employment and workplace relations. This article discusses the political parties' campaign promises and provides an overview of some of the parties' plans for the future, with a note that the list is not exhaustive
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Succession, once a straightforward process, is now akin to navigating a minefield. The need for careful consideration and expert advice has never been greater.
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Family Business & Succession Wars!

Succession, once a straightforward process, is now akin to navigating a minefield. With children seeking to cash in on their beneficial interests or shareholdings to fuel their own ventures, the need for careful consideration and expert advice has never been greater.
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The significance of insurance in the context of purchasing a home cannot be overstated. Our property lawyers are well-equipped to assist you.
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Insurance when buying a home

The significance of insurance in the context of purchasing a home cannot be overstated. It is not only a critical component but also a mandatory one when seeking financial assistance from lenders for a home purchase. Lenders need proof of adequate and appropriate insurance coverage before approving a loan drawdown.
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Proposed Changes to KiwiSaver Contributions: What Employers Need to Know
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Proposed Changes to KiwiSaver Contributions: What Employers Need to Know

Is your company deducting the Employer KiwiSaver contribution from your employees' pay? A new Bill, introduced to Parliament on 8 June 2023, aims to revolutionize the employer's role in KiwiSaver contributions.
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Woolley v Fonterra Co-Operative Group Ltd: The Exercise of Contractual Discretion. On 29 June 2023, the New Zealand Court of Appeal delivered its judgment.
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The Exercise of Contractual Discretion

Woolley v Fonterra Co-Operative Group Ltd: The Exercise of Contractual Discretion‍On 29 June 2023, the New Zealand Court of Appeal delivered its judgment in the case of Woolley v Fonterra Co-Operative Group Ltd [2023] NZCA 266. In its judgment, the Court considered the approach to the exercise of contractual discretion in New Zealand, including the test adopted by the United Kingdom Supreme Court in Braganza v BP Shipping Ltd [2015] UKSC 17, [2015] 1 WLR 1661. A summary of the key facts of the matter and important points in the Court's decision follow.
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The death of a spouse or partner is an emotional and challenging time for the one left behind. Handling the Deceased's estate can be an overwhelming task.
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How may relationship property be divided when a spouse or partner dies?

The death of a spouse or partner is an emotional and challenging time for the one left behind. Often left with the overwhelming task of handling the Deceased's estate, the surviving spouse or partner will be unaware of their entitlement under the Property (Relationships) Act 1976 (the "PRA"). Many will opt to taking under the Will, not knowing they also have the alternative option of applying under the PRA for a division of relationship property.
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Testamentary capacity is the legal term used to describe a person's mental and legal capability to create or alter a Will. Many factors may affect this...
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Testamentary Capacity

When constructing a Will a will-maker has the freedom to decide how they wish to distribute their property upon their death, this is known as testamentary freedom. However, this freedom is not absolute. In certain circumstances, such as when a will-maker is said to have lacked capacity when they last made or altered their Will, a Will can be challenged and possibly be declared as invalid.
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Mediating Trust Disputes. Mediation is an alternative solution for settling trust disputes and may be a more advantageous option for parties.
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Mediating Trust Disputes

Countless families across New Zealand place their most valuable assets, such as their property, into a discretionary family trust. However, when a couple separate and each party is a trustee to the same family trust, conflict and disagreement will often arise as to the management and enjoyment of trust assets. Disagreements on internal trust matters have the possibility of turning into time-consuming, expensive and public proceedings in court. Mediation is an alternative solution for settling trust disputes and may be a more advantageous option for parties.
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Couples wanting a relationship property, contracting out, or prenup agreement. See an Auckland family lawyer for advice and drafting to avoid challenges.
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Separation - What's in a date?

When was it over? When to call it quits? When did you say goodbye? Am I separated? What's in a date? In the midst of a relationship breakdown, when you and your former partner are separated is not often a front-of-mind question. However, your separation date can be important information in family law proceedings.
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Couples wanting a relationship property, contracting out or prenup agreement. See an Auckland family lawyer for advice and drafting to avoid challenges.
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Setting Aside Relationship Property Contracting Out Agreements

Entering into a relationship property contracting out agreement ("prenuptial agreement" or "premarital agreement") allows couples to determine together how they would like their separate and shared property divided if separation or death occurs.
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House and Land Package Purchase Issues

House and Land Package Purchase Issues

Written by:
Brandon Cullen
Buying a new build "House and Land" package has become a popular option for many first home buyers. It can involve a deposit lower than 20% of purchase price (depending on finance), and means you have the time it takes to build to keep saving towards the purchase of your new home.
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Are You in a De Facto Relationship?

Are You in a De Facto Relationship?

Written by:
Peter Fuscic
It is common knowledge that when a married couple in New Zealand gets divorced, they, generally speaking, get half each of all the property owned by the parties. In New Zealand this asset division also extends to de facto relationships of more than three years, but what is a de facto relationship? A marriage is easy to identify: there is a wedding, someone cuts the cake, there is usually an adorable child in charge of the rings and most importantly, a legal document; a marriage certificate which says you are married. However, de facto relationships are not so easy to identify.
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When Charity Does Not Begin at Home and Testamentary Freedom Triumphs

When Charity Does Not Begin at Home and Testamentary Freedom Triumphs

Written by:
Peter Fuscic
The truism that charity begins at home might have been given a serious knock back going by the recent UK Supreme Court decision concerning an adult daughter's claim against her mother's estate in IIott v Mitson [2017] UKSC 17.
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Contract and Commercial Law Act 2017

Contract and Commercial Law Act 2017

Written by:
James Turner
Passed on 1 March 2017, the Contract and Commercial Law Act 2017 ("CCLA") represents a step taken by our Parliament to consolidate and modernise New Zealand's law relating to contracts and sales. The CCLA will come into force on 1 September 2017.
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Providing Financial Services or Financial Products in New Zealand

Providing Financial Services or Financial Products in New Zealand

Written by:
Andrew Knight
There are a large number of statutes that potentially apply to any business providing financial services or products in New Zealand. We are aware from prosecutions by regulators and from assistance that we have provided to clients, that many people are unaware of the full compliance requirements that relate to their business. In some cases, businesses may comply with one statute, but are unaware that there are other statutes that apply.
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Are You Getting Your Fair Share of Relationship Property Upon a Break Up?

Are You Getting Your Fair Share of Relationship Property Upon a Break Up?

Written by:
Peter Fuscic
The Property (Relationships) Act 1976 ("the Act") applies to marriages, civil unions and de facto relationships. Generally under the Act, at the end of one of these relationships, the parties receive a 50:50 share of all the relationship property. This usually includes the home, family chattels, and all other property acquired during the relationship. However the Court does have the power to award a lump sum payment or order the transfer of relationship property from one party in the relationship to the other under Section 15 of the Act.
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Will That Do? - Validation of Non-Compliant Wills

Will That Do? - Validation of Non-Compliant Wills

Written by:
Peter Fuscic
Before a deceased's last will can have the legal effect of distributing property to his or her heirs accordingly to its terms, it must be admitted to probate, that is accepted by the High Court as being valid.
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The New Draft Trusts Bill and its Suggested Disclosure Rules - How Could This Affect You?

The New Draft Trusts Bill and its Suggested Disclosure Rules - How Could This Affect You?

Written by:
Peter Fuscic
A new Trusts Bill has recently been released for public consultation. This bill updates and changes various aspects of trust law. One interesting proposed change is the rights beneficiaries have to trust information. The most recent judicial case involving beneficiaries and trust information is Erceg v Erceg [2017] NZSC 28. The Supreme Court did not find that there was a presumption for or against disclosure of trust documents, but that there is an "expectation that basic trust information will be disclosed to a close beneficiary who wants it". The Supreme Court's analysis did differ from the lower Courts. The Supreme Court listed certain factors to take into consideration when courts receive a request for disclosure.
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Unpaid Invoices - Want to Understand Your Options

Unpaid Invoices - Want to Understand Your Options

Written by:
James Turner
At one time or another, all businesses confront the unpleasant task of collecting outstanding fees for the services or products they have provided. When a client refuses to pay an outstanding invoice, recovering the money due may turn into a drawn-out process, even when the amount owed appears un-contentious. Engaging a solicitor to assist with the debt recovery process has the benefit of both impressing on the debtor your commitment to pursuing the debt and simplifying an otherwise frustrating process.
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Changes to Enduring Powers of Attorney

Changes to Enduring Powers of Attorney

Written by:
Alissa Bell
On 16 March 2017 changes to the Protection of Personal Property Rights Act 1988 come into effect. Some of these changes affect how Enduring Powers of Attorney ("EPOA") are made, and others affect how they operate. If you have any unsigned EPOAs drafted and they are not fully executed by this date, they will be invalid and will need re-drafting. EPOAs fully executed prior to 16 March 2017 remain valid. Please urgently contact us if you wish to finalise documents prior to 16 March 2017.
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