Providing for your family in your will
We all want to look after our families – both during our lives and after we die. One way you can make sure that your family is looked after when you die is by leaving behind a clear, well-drafted will.
Property briefs
The finance condition is the most common condition included in an Agreement for Sale and Purchase for a buyer’s benefit.
Pre-settlement property inspection
When buying a property, you are usually entitled to one pre-settlement inspection. This inspection is typically done during the week before settlement, although it can be completed at any time.
Commercial leases
There are many rights and obligations that affect both tenants and landlords at the beginning, during and at the expiry or earlier termination of a commercial property lease.
Business Briefs
In our Summer 2024 edition published in early February, we wrote on the Whakaari/White Island prosecutions brought by WorkSafe; in this Winter issue we report on the court’s late February sentencing.
Recovering losses on a faulty building
The High Court recently found that the construction and insurance sectors can rely upon limited liability clauses when defending claims for negligence or breach of contract in commercial projects.
Business briefs
The clock is ticking for New Zealand’s 24,000 incorporated societies to reregister by 5 April 2026. Under the Incorporated Societies Act 2022, if your incorporated society does not reregister by this time, it will automatically cease to exist.
Do I still need a trust?
Thousands of Kiwis have, over the years, established family trusts for a variety of reasons. However, it’s well worth considering whether those reasons are still relevant today and evaluating whether your trust may have outlived its usefulness.
Receiving inheritance during a relationship
For a variety of reasons, it may be important for that inheritance to be kept separate from other property of the relationship. This article focuses on the complications of keeping it separate.
Personal grievances
In today’s ever-changing employment landscape, employers face a myriad of challenges.
Invoices not being paid on time?
In this article we give some advice to assist both creditors and debtors with managing their business relationships and financial accounts when it comes to unpaid invoices.
Commercial leasing and landlord consent
If you are a landlord owning commercial property, you may want to know how your tenant can make changes to the premises, or its use of the premises, without speaking to you about it first.
Easements
In this article we explain the types of easements, their maintenance and repair, and your obligations, and what can happen if there are issues around costs and who pays.
Can ex-spouses claim property when you die?
Agreeing on a division of relationship property after you and your spouse separate can be fraught. Usually, emotions are highly charged.
Estates and guarantees
Guarantees entered into by a person during their lifetime can create some difficult legal issues for their executor after they die.
Making a bequest to a charity
For many charities, gifts in wills (bequests) are a significant source of funding.
Trial periods vs probation periods
A trial period is designed to ensure a new employee is a good fit for their employer. An alternative to a trial period is a probation period.
Business briefs
The Commerce Commission recently filed criminal charges against two construction companies and their directors for alleged bid-rigging of publicly funded construction contracts.
Whakaari/White Island eruption
Following the Whakaari/White Island decision, WorkSafe will likely seek full disclosure of all board documents before bringing similar future prosecutions.
Business choices when in financial difficulty
When your business is facing financial strife, it’s easy to feel overwhelmed. We recommend you contact us for guidance to support you through the process.
Generative AI and copyright
Many businesses have been using artificial intelligence (AI) for a long time to gather insights into their data and make strategic decisions... As a certain spider once said: With great power comes great responsibility.
Changes ahead for retirement
You, or someone you know, may be considering a move into a retirement village. It is a big decision, involving lifestyle choices as well as a significant financial commitment.
Children and separation
The time following a separation can be highly emotional – for you and your spouse or partner, and for your children.
Property briefs
This issue's business briefs are:
First Home Partner scheme: on pause;
Council delays for property developers;
Short-term accommodation;
Election impact on property issues;
What happens if your builder goes bust?
Building a new home is an exciting process. It can, however, be quite daunting with risks of unexpected delays, cost increases and, in the worst scenario, your project going completely off the rails.
Mainzeal decision
Taking on the responsibility of a directorship is not a decision to be taken lightly. For New Zealand directors, the magnitude of the director role has been hammered home with the decision of the Mainzeal case from the Supreme Court in late August.
Business briefs
This issue's business briefs are:
Lego wins trade mark dispute with Zuru;
Start Preparing for the Incorporated Societies Act 2022;
ESG and directors: The Companies (Directors' Duties) Amendment Act 2023 becomes law;
New legislation gives better protection
The Construction Contracts (Retention Money) Amendment Act 2023 was passed on 5 April this year with the legislation coming into effect on Thursday, 5 October 2023.
Polyamorous relationships
Polyamorous relationships can be subdivided into two or more qualifying relationships, to which the provisions of the Property (Relationships) Act 1976 (which applies to relationships between two people) can apply.
Refusing an inheritance
What is the trustee of an estate supposed to do when a beneficiary will not accept their inheritance?
When do a Parent's Responsibilities Cease
In June 2023, the Supreme Court heard the ‘Alphabet case.’ To understand the significance of what is at stake in this case, it is worth considering the facts that gave rise to the litigation and the High Court’s decision.
Land covenants
If you are buying a property in a newly or recently built residential subdivision, the odds are that the title will come with various covenants registered against it. These covenants are likely to place restrictions on the ways in which the owners can use and enjoy their properties.
Kāinga Ora First Home Partner scheme
In the Winter 2022 edition of Property Speaking we discussed what to consider when co-owning a property with friends or family. Another co-ownership option to consider is the Kāinga Ora First Home Partner scheme (FHP).
Property briefs
This issue's property briefs are:
Unit titles legislative updates;
First Home Grants thresholds increase;
Loan to value restrictions eased;
Business briefs
This issue's business briefs are:
Update on construction contracts retention regime;
New obligations for businesses offering Buy Now Pay Later;
Large businesses may need to disclose payment practices;
Are your T&Cs unfair?
Business continuity planning
Once reserved for large businesses with a high degree of public dependency, such as banking, hospitals or utility companies, business continuity and disaster recovery plans have become increasingly important for businesses of all sizes.
Minimum wage increased on 1 April
The adult minimum wage increased to $22.70/hour on 1 April 2023.
The government says it will review the minimum wage rate later this year.
Keeping employees during the 'big quit'
Since 2021 and the lessening of the effects of the Covid pandemic, many countries have experienced an increase in staff turnover and lost productivity. This is informally referred to as ‘the great resignation’, ‘the big quit’, ‘brain drain’ and ‘quiet quitting’.
Bank of children
Most of us have heard of the expression ‘Bank of Mum and Dad’ where parents help fund their children to get onto the property ladder or with another investment. What happens in the reverse situation, however, where children become the ‘bank’ and assist their parents financially?
Subdivision consents
In the Autumn 2022 edition of Property Speaking we discussed different types of resource consents. Since then, the government has released a new National Policy Statement for Highly Productive Land to ensure that highly productive land is protected for use in land-based primary production.
Storm damage to properties
With historic amounts of rain and flooding in many regions many properties have been damaged by flooding, landslides and silt. We give some advice on what landlords, tenants and buyers (who have not yet settled) can do should they be under an agreement.
Property briefs
This issue's property briefs are:
Updates on legislation;
Changes to LIM information;
Replacement of the Resource Management Act 1991;
Who are the ‘children of the settlors’?
In the recent case of Re Merona Trustees Ltd, the High Court was asked to determine who the beneficiaries of a trust were as it was not clear who was intended by the phrase the ‘children of the settlors’ that was in the trust deed.
Who really wants to be a trustee?
Are you a trustee of a family trust, or considering becoming one? If so, you need to be familiar with the obligations you are taking on when agreeing to act as a trustee.
Uber Drivers Declared Employees
In October last year, the Employment Court held that four Uber drivers were employees, not independent contractors. Uber has now sought leave to appeal the decision to the Court of Appeal.
Business briefs
This issue's business briefs are:
Employment Court rules four Uber drivers are employees;
Facial recognition and the Privacy Act: balancing security and individual rights; and
Cartel conduct: Commerce Commission warns eight freight forwarding companies.
What is the PPSR?
The PPSR is a searchable online register that records if a third party has a financial interest in the assets of individuals or entities. If you or your business leases or sells goods on credit terms, or if you have lent money to a third party, you should seriously consider registration on the PPSR in order to protect your business or yourself.
Shared parenting
Deciding to move to a new location can be exciting and bring a sense of renewal, particularly after a long cold winter and enduring these Covid years. However, if you are separated with children, what happens to ongoing parenting arrangements in these situations?
Insta # dismissal?
Whether we like it or not, social media affects almost every aspect of our daily lives, including employment relationships. How can employees’ ‘private’ social media posts bring an employer’s business into disrepute and lead to an employee’s dismissal?
Greenwashing
The Sustainable Business Council ‘Better Futures 2022’ report surveyed New Zealanders & identified that more than 43% of Kiwis are committed to living a sustainable lifestyle. Given the public’s motivation to be more sustainable, businesses are honing their marketing strategies towards environmental sustainability.
Changes to Simpson Western for early 2023
We would like to announce some changes to Simpson Western for early 2023.
Property briefs
This issue's property briefs are:
Buying a property with unconsented works;
Body corporate rules beefed up;
Victims of domestic violence can terminate tenancies;
Vendor Obligations
A case heard in the Supreme Court earlier this year presents a cautionary tale for property sellers. For all sellers, this case signals that even though you have a signed agreement for sale and purchase, there is likely to be more for you to do than just wait for settlement day when money will change hands.
Wearing two hats in a family protection claim
In a recent case, the High Court found that a will administrator’s default in complying with a court order was so flagrant, it justified issuing an order for arrest of the administrator. How did this arise and, more importantly, how could it have been avoided?
Business briefs
This issue's business briefs are:
Hiring migrant workers: What the new AEWV means for you;
Changes to the Holidays Act on the horizon; and
FMA review of ethical investing highlights need for improvement.
Hybrid working
The application of the existing unfair contract terms (UCT) regime which applies to standard form contracts between businesses and consumers has been extended to apply to standard form "small trade contracts" pursuant to the Fair Trading Amendment Act 2021 (the Act) which came into force on 16 August 2022.
EPAs and PPPR Orders
Simpson Western acknowledges the stress families go through when a loved one loses capacity and is no longer able to manage their own personal and property affairs.
Trusts Act 2019
Trusts Act 2019 also affects executors and administrators of wills. Mandatory and default duties explained here:
Unfair Contract Terms
The application of the existing unfair contract terms (UCT) regime which applies to standard form contracts between businesses and consumers has been extended to apply to standard form "small trade contracts" pursuant to the Fair Trading Amendment Act 2021 (the Act) which came into force on 16 August 2022.