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Martelli McKegg welcomes Andrew Skinner to the partnership

Martelli McKegg welcomes Andrew Skinner to the partnership

We are delighted to welcome Andrew Skinner to the partnership. Andrew is an experienced commercial lawyer with specialist industry experience in building and construction and franchising.

By Melissa Higham - 4 Feb 2020

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Who will care for my children if I die?

Who will care for my children if I die?

Appointing testamentary guardians

A difficult decision parents of younger children have to make when making a Will is deciding who should be appointed as guardians of their children. Inclusion of an appointment of a guardian should be considered whenever a Will is made by a person with children who are under the age of 18.

By Emma Foster - 22 Jan 2020

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A Global Roadmap to Personal Data Protection

A Global Roadmap to Personal Data Protection

We're pleased to be the contributor for the New Zealand chapter in the 2nd edition of "A Global Roadmap to Personal Data Protection". Proudly put together by Meritas Law Firms Worldwide. Download your complimentary copy here: https://www.meritas.org/DataProtectionGuide.aspx

By Mike Worsnop - 18 Nov 2019

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Court costs in disputes as to who should be trustee

Court costs in disputes as to who should be trustee

The recent Court of Appeal decision in Guest v Guest [2019] NZCA 64 stands as a reminder to trustees that if they do not act reasonably, then they may be exposing themselves to a significant costs liability.

By Terri Gough - 10 Nov 2019

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Changes to the Disputes Tribunal - threshold increased to $30,000

Changes to the Disputes Tribunal - threshold increased to $30,000

The Disputes Tribunal has just increased the financial threshold for submitting a claim to $30,000. Until 29 October 2019, a party could only file a claim up to a maximum of $15,000 (or $20,000 with both parties' agreement). At this low sum it meant that parties who wanted to pursue claims slightly over $15,000 faced the prospect of either writing off a portion of the debt to pursue their claim in the Tribunal, or abandoning it all together.

By Pierce Bedogni - 1 Nov 2019

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Modern families and changing laws

Modern families and changing laws

Family demographics have changed significantly over the past 60 years.  To keep up, the Property (Relationships) Act 1976 (PRA) was amended in 2002 to extend the property sharing to heterosexual and homosexual de facto and civil union partners.

By Dharsh Nanayakkara - 26 Sep 2019

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I've been appointed an attorney under an enduring power of attorney for property - now what?

I've been appointed an attorney under an enduring power of attorney for property - now what?

The role of an attorney appointed under an EPA for property is a significant one which should be taken seriously and should not be accepted lightly. Accepting such an appointment creates legal obligations and duties which cannot easily be changed. This blog seeks to provide some guidance to a person acting as a property attorney.

By Emma Foster - 17 Sep 2019

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First home purchaser series - Part 2: Signing the agreement

First home purchaser series - Part 2: Signing the agreement

You've got your deposit, you've found the right property, now a multi-page document is sitting in front of you and a real estate agent is asking you to sign. It is imperative that you get in touch with a lawyer before you enter into an agreement. The best chance of you negotiating favourable terms is before you sign. This is even more important if you are planning on buying a property "off the plans" that has not yet been subdivided or built. More information about buying off the plans is available in a previous blog.

By - 10 Sep 2019

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Tenancy reforms: Who pays if the tenant damages your property?

Tenancy reforms: Who pays if the tenant damages your property?

In 2015 the Court of Appeal told landlords they could not recover the cost of damage caused by their residential tenants unless it was done intentionally. This was because the Property Law Act 2007 said that a landlord could not require a tenant to meet the cost of damage which can be insured against. From 27 August 2019 the Residential Tenancies Act 1986 dictates the law on this issue.

By Mathew Martin - 28 Aug 2019

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We're separating and our assets are all in trust. Does that mean I get nothing?

We're separating and our assets are all in trust. Does that mean I get nothing?

The Property (Relationships) Act 1976 determines what is and is not "relationship property" and which assets should be divided equally between de facto partners and spouses on separation. It also defines "separate property" as assets owned by one partner alone and not to be shared equally. But in a country with the highest number of trusts per capita in the world, what happens if your assets are held in trust?

By Telise Kelly - 18 Aug 2019

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