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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 Michael Bennett - 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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The long awaited Trusts Bill receives Royal assent

The long awaited Trusts Bill receives Royal assent

On Wednesday the much anticipated Trusts Bill finally received the Royal tick of approval and officially became an Act of Parliament. Pursuant to section 2, the provisions of the Act will come into force on 1 February 2021. This is probably the most significant change to trust law in the past thirty years or more.

By Emma Foster - 1 Aug 2019

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First home purchaser series - Part 1: The deposit

First home purchaser series - Part 1: The deposit

For many people trying to purchase their first home, getting together a deposit is often a daunting thought that may seem unattainable. There are, however, a number of resources that you can tap into to help get you to that ever important point where you can move from paying your landlord's mortgage to paying your own.

By Michael Bennett - 23 Jul 2019

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Buying off the plans - properties that don't yet exist

Buying off the plans - properties that don't yet exist

When buying off the plans, there are a number of extra terms and conditions which need considering before signing an agreement. We discuss a few of these below.

By Michael Bennett - 15 Jul 2019

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Protecting your assets - assisting children purchasing property

Protecting your assets - assisting children purchasing property

Your child has found the property of their dreams, but they are a little short on their deposit so you decide to help them out. Before transferring the money, it is essential you talk to us about protecting your contribution.

By Michael Bennett - 8 Jul 2019

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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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