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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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The importance of good legal advice when charged with a criminal offence

The importance of good legal advice when charged with a criminal offence

If you find yourself charged with a criminal offence, whether it's minor or serious, don't under estimate the importance of getting good legal advice. It might be the difference between whether you are convicted of the charge or not.

By Fiona McGeorge - 11 Oct 2018

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Mental Capacity to make a Testamentary Promise

Mental Capacity to make a Testamentary Promise

Have you ever been promised something would be left to you in a will, but it never eventuated? If you worked or gave services to someone who promised to reward you in their will, but they didn't, the Law Reform (Testamentary Promises) Act may allow you to claim against the promisor's estate.

By Andrew Steele - 8 Oct 2018

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Why have a will?

Why have a will?

According to research by Perpetual Guardian last year, four in ten New Zealanders don't have a Will. It seems the problem is not unique to New Zealand. Consider: Aretha Franklin, Prince, Amy Winehouse, who all died in recent times without a Will. Even if you're not famous, it is our view that it is vital that you have a Will.

By Samuel Ames - 20 Sep 2018

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Termination of building contracts

Termination of building contracts

Occasionally the relationship between parties to a building contract turns sour. In some cases the parties will be able to get things back on track so that the project can be brought to completion. However, in other cases there is an irreparable breakdown in trust and one or both parties want to part ways. The owner may not want the builder around anymore and/or the builder may not want to continue racking up cost on credit with little prospect of being paid. So how does a party terminate the building contract and what risks does a party face if they get it wrong?

By Meika McHardy - 13 Sep 2018

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