Can I trust 'my' Trust if my relationship breaks down?

It is generally well understood that if your relationship comes to an end your relationship property must be shared 50/50 pursuant to the Property (Relationships) Act 1976 (PRA). But, some people believe that if they transfer their assets to a Trust, then those assets will be protected. This is rarely true.

By Tara Grant - 14 Jul 2020

'Ready, willing and able' under COVID-19 lockdown?

Employers who were unable to access their premises during level 4 lockdown had to grapple with their obligations to employees who were unable to work from home. Many sought advice on this either directly from legal professionals or from the flurry of information that was flooding the online employment sphere at the time.

By Aimee Elia - 9 Jul 2020

Prepare for the new Privacy Act

The Privacy Bill passed its third reading in parliament and will come into force on 1 December 2020, repealing and replacing the Privacy Act 1993.

By Mike Worsnop and Tom Swindells - 6 Jul 2020

Choosing an executor for your Will - a trap to be wary of

If the executor of your Will or administrator of your estate is an overseas person, they must apply to the Overseas Investment Office for an exemption for any residential property to be transmitted to them. Changes made in October 2018 to the Overseas Investment Act 2005 (OIA) mean that an estate with an overseas executor/administrator is likely to be affected by the regime.

By Steven Lee and Rika Louw - 15 Jun 2020

Proposed Building Act changes

Following on from last year's round of consultation, the Government has recently introduced the proposed changes to the Building Act. The Building (Building Products and Methods, Modular Components and Other Matters) Amendment Bill has had its first reading in Parliament and has now been sent to the Environment Select Committee with submissions due by Friday 10 July 2020. The changes will be particularly important for building product suppliers and manufacturers and the key changes are summarised here.

By Andrew Skinner - 8 Jun 2020

Government Announcement re small business rent disputes

There has been much debate regarding what a fair rental reduction is under commercial leases where businesses have been affected by COVID-19. The Government had previously done nothing to assist either Landlords or Tenants in this situation.

This morning Government have announced a compulsory rent dispute process where the Landlord and Tenant have been unable to agree on a fair rent reduction during COVID-19 lockdown, which requires compulsory arbitration with Government subsidising the arbitration by about 75%.

By Melissa Higham - 3 Jun 2020

Relief for Borrowers under the Property Law Act

As earlier signalled by the government, the Property Law Act has now been amended to the extent that a borrower under a mortgage now has 40 working days (previously 20 working days) after being served with a Property Law Act Notice for breach of a loan agreement, to remedy the breach.

By Tony Johnson - 1 Jun 2020

Staff redundancies - how to avoid some of the common pitfalls

With economists predicting a significant economic recession, it may be tempting for business owners to start reducing staff numbers. This will be particularly so for those businesses who have been relying on the wage subsidy to pay their employees' wages. However, it is unlikely that simply relying on a potential looming recession will justify making employees redundant in the eyes of the law.

By Claire Mansell - 25 May 2020

Separation, asset valuation and Covid-19

Covid-19 has reduced the incomes of many and undermined the value of the family home, business and investments. These effects have made it especially challenging for separated couples attempting to resolve their relationship property issues.

By Dharsh Nanayakkara - 22 May 2020

COVID response - Safe Harbours and Debt Hibernation Scheme now law

On 15 May 2020 the COVID-19 Response (Further Management Measures) Legislation Act 2020 became law. This means that two key insolvency measures aimed at addressing the serious insolvency risks arising from the COVID-19 crisis - the "safe harbour" regime and the "debt hibernation scheme" - are now effective in New Zealand.

By Mathew Martin and Bill Gambrill - 19 May 2020