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The importance of maintaining a 'good character' in Overseas Investments in New Zealand

The importance of maintaining a 'good character' in Overseas Investments in New Zealand

By law, overseas investors in sensitive land and significant business assets in New Zealand must be of (and must maintain) 'good character'. The Overseas Investment Office (OIO) considers many factors when assessing an overseas investor's character. The term 'good character' generally means acting appropriately, including but not limited to not committing any offences nor contravening any laws.

By Steven Lee and Genelle Seah - 12 Jun 2019

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Martelli McKegg strengthens litigation offering with new partner hire

Martelli McKegg strengthens litigation offering with new partner hire

We are delighted to announce that Jacque Lethbridge joined the partnership effective 1 June 2019.

By Mike Worsnop - 1 Jun 2019

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Left out? Challenging a Will

Left out? Challenging a Will

Accompanying the increase in blended families is a corresponding increase in claims by children against the deceased estate of a parent who entered a new relationship. Acrimonious divorces and de facto separations sometimes leave children of the relationship estranged from one parent. This in turn can sometimes result in the children being disinherited in favour of the estranged parent's new partner and family.

By Terri Gough - 5 Apr 2019

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In a relationship breakup can you get more than 50 percent?

In a relationship breakup can you get more than 50 percent?

Recently I had a new client who in our initial meeting said "my friends have told me I can get more than 50% of the assets". How many people going through a separation have heard the same thing from friends or family who have either gone through it themselves, or heard about "someone" who got more than 50%?

By Fiona McGeorge - 14 Mar 2019

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Who is an 'Overseas Person' under the OIA?

Who is an 'Overseas Person' under the OIA?

Pursuant to the amended Overseas Investment Act (OIA) which came into effect from 22 October 2018, the purchase of residential property by an 'Overseas Person' is subject to consent from the Overseas Investment Office (OIO) unless an exemption applies.

By Genelle Seah - 12 Mar 2019

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Trusts following death or divorce

Trusts following death or divorce

In Clayton v Clayton, the Supreme Court quashed any residual belief that a discretionary family trust set up by one spouse during a marriage will, in the event of the marriage dissolving, protect 'their' property from a claim by the other spouse.

By Andrew Steele - 1 Mar 2019

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Married at first sight - what will that cost?

Married at first sight - what will that cost?

Everyone loves a good romance story but what does it mean when the relationship ends as quickly as it started? A marriage which ends before its third anniversary is referred to as a marriage of short duration. In New Zealand there are special rules around division of assets for these short relationships.

By Surendra Bennett - 21 Feb 2019

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When can you have more than one welfare guardian?

When can you have more than one welfare guardian?

The Protection of Personal and Property Rights Act 1988 allows the Court to appoint a "welfare guardian" for a person who has lost the capacity to make decisions for themselves in relation to their personal care and welfare. Generally, only one person may be appointed as a welfare guardian. The commonly known exception to this was where there are "exceptional circumstances" which satisfy the Court that it would be in the interests of that person to do so. However, on 14 November 2018, this test changed.

By Tony Johnson - 17 Feb 2019

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The Trusts Bill - what does it mean for you as a trustee?

The Trusts Bill - what does it mean for you as a trustee?

Historically, trusts have been an extremely popular asset planning tool in New Zealand.  With no register of trusts, the exact number of trusts is unknown, however, conservative estimates are that there are between 300,000 and 500,000 trusts in New Zealand.  The changes proposed by the Trusts Bill will therefore impact the lives of many New Zealanders.

By Emma Foster - 22 Jan 2019

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Does an automatic pool cover count as a swimming pool fence?

Does an automatic pool cover count as a swimming pool fence?

New Zealanders have always had a love affair with the water. We go to the beach and we have our own backyard pools - either permanent or temporary. Now that summer is just around the corner, it's a perfect time to ensure that your swimming pool complies with the rules.

By Pierce Bedogni - 18 Oct 2018

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