Commercial Leases: COVID-19 Alert Level 4
The COVID-19 situation continues to develop quickly in New Zealand, and as many of you already know, we are in unprecedented times.
COVID-19 Update from Simpson Western
The COVID-19 situation continues to develop quickly in New Zealand, and as many of you already know, we are in unprecedented times.
Minimum Wage Increase
As part of a long-term strategy the government announced a plan to steadily increase the minimum wage in New Zealand between April 2019 and April 2021.
Coronavirus Support Package
The recent outbreak of a novel coronavirus strain, COVID-19, may be causing concern for Coronavirus Support Package - What's in it for employers/workers
Enduring powers of attorney
In previous articles in Trust eSpeaking, we have explained why it is important to have an enduring power of attorney (EPA) and the problems that can be created if you do not have one when the need arises. You should have two EPAs – one for property, and the other for personal care and welfare.
Claims on an estate
The Family Protection Act 1955 allows children to bring claims against the estate of a deceased parent on the basis that their parent did not adequately provide for their ‘proper maintenance and support’. Exactly what constitutes ‘proper maintenance and support’ is the subject of considerable litigation, as well as extensive commentary in the media.
Succession law in New Zealand
In late 2019 the Law Commission reported back to the government on its review of the Property (Relationships) Act 1976 (PRA).
Employment Concerns Over Coronavirus
The recent outbreak of a novel coronavirus strain, COVID-19, may be causing concern for employers and employees alike...
Smooth sailing this summer
With summer fast approaching, many businesses will be hiring temporary staff to meet their needs over the busy summer months. Taking on temporary staff can throw up some tricky issues. ...>
Enjoy our waterways - but think water safety!
We are truly blessed to live in the Land of the Long White Cloud. This beautiful country of ours is, however, also the land of water. Wherever you are, you are never far from water. ...>
Trusts Act 2019
The Trusts Act 2019 will come into effect on 30 January 2021. Much of the Act updates or restates existing law. However, there are a number of changes about which trustees and people with trusts should be aware. ...>
Rural fires
The rural fires of last summer are a reminder of the risk of fire to our communities. The cause of the blaze in the Nelson region, one of New Zealand’s largest plantation fires, was attributed to a spark caused when farm equipment hit a stone. ...>
Fineprint Postscript
Changes ahead in relationship property laws / Proposed reform for incorporated societies legislation ...>
Leasing commercial premises
Commercial leases come in varying shapes and sizes. Whether you operate a transport business and need a place to park your trucks...>
Residential tenancies
The Residential Tenancies Amendment Act 2019 came into force on 27 August 2019. This legislation affects both landlords and tenants...>
Property Briefs
Frequent buying and selling of property tax rules under review, Buyers must take care when cancelling an agreement, First home buyer scheme changes...>
Remaining en-garde - your fencing rights
Whether you are looking at putting up a new boundary fence, repairing an existing one or have concerns about what your neighbour plans to do with an existing fence, the Fencing Act 1978 (Act) may be able to step in ...>
Raising the Roof on Construction Contracts
The Act creates a payment regime focused on regular and timely payments allowing for steady cashflow between parties. ...>
Winding up of a Trust
Most Trusts are established to run for a period of 80 years, but provide for the trustees with the ability to wind up the Trust earlier...>
What's mine is yours?
The Law Commission's final recommendations for changes to the Property (Relationships) Act 1976.
Trusts Act 2019
The new Trusts Act 2019 will come into effect on 30 January 2021. Much of the Act updates or restates law that exists already, either in statute or in case law. There are, however, a number of changes about which trustees and settlors should be aware.
Grandparent wills
Grandparents often want to give some financial assistance to their grandchildren and great-grandchildren. There can be a number of good reasons for making specific provision for grandchildren in your will or through a family trust.
Residential care subsidy thresholds
Increasing numbers of elderly New Zealanders are going into residential care and seeking the government’s residential care subsidy.
Employing people with a past
Employing staff is never a simple process. Finding people with the right skills and personality to fit into your team can be challenging.
Restraint of trade clauses
Restraint of trade clauses are common in the sale and purchase of a business and in some employment agreements.
Business Briefs
Eminem - importance of IP indemnities in agreements / Mainzeal directors' appeal denied / Federated Farmers wants tougher labelling on plant-based products / New regulations impose licensing regime for insolvency practitioners.
Are family trusts still relevant today?
There has been a great deal of discussion recently as to whether or not family trusts are still relevant in today's legal climate.
Emissions Trading Scheme
New Zealand’s Emissions Trading Scheme (ETS) was established by the Climate Change Response Act 2002. The ETS was created as the vehicle for New Zealand to meet its obligations for the reduction of greenhouse gas (GHG) emissions under the Kyoto Protocol.
Components of effective governance
The damage from governance failure can be profound, and can attract significant unwelcome media and public scrutiny. Focusing on the learnings from these cases is how we can get some real benefit and continuous improvement in corporate governance.
The executor of your will
Having an executor of your will is like having a manager of your affairs (your estate) after your death. Your executor is named in your will; it is his or her role to carry out the terms of your will.
The importance of good recordkeeping
There are plenty of war stories about recordkeeping blunders. Think of offices crammed with paper, ‘lost’ documents, fireplace filing systems and online voids.
Fineprint: Postscript
Companies Office helping amalgamation customers ‘get it right first time’, Tax Working Group – capital gains tax scrubbed, Claiming legitimate business expenses
The secret lives of tenants
Following publicity in 2018 that some property managers were using the ‘KFC test’ to vet prospective tenants, landlords’ protection of their tenants’ privacy has come under scrutiny by the Privacy Commissioner.
Subdivisions
Subdivisions are more common than you think. A subdivision can range from the carving up of hundreds of acres of rural land for housing, developing land in a prime commercial area, selling half your quarter-acre section or simply wanting to extend your boundary a few metres.
Property Briefs
Building report conditions and AML one year on
Employees as Minority Shareholders
You have identified an employee who plays an important role in your business. You want to reward their efforts and offer an incentive that keeps them invested in growth of... >