Click on the items below to view our newsletter, The Fencible Lawyer, and other articles we think you will find of interest.
IRD’s Trust Disclosures Report
The purpose of the trust disclosure rules was to provide insights on how trusts are used, and to ensure compliance with the 39% individual tax rate.
Assessing your Business’s Viability
At the beginning of the year, many business owners will have been taking time to think about not only the year ahead, but the long-term viability of their businesses.
Noisy Neighbours – What can you do?
What can you do when a neighbour decides that Thursday nights are all night party nights, or you work from home and your neighbour operates some serious machinery throughout the day?
National’s Policies on Property
The Government has confirmed landlords are once again able to deduct interest costs on their residential investment properties against rental income.
An Overview of Occupation Right Agreements
Purchasing an Occupation Right Agreement (ORA) at a retirement village is a big decision, and it can be a daunting task reviewing all the paperwork that villages are required to provide to you.
Executors and Trustees of a Will
All Wills need executors and trustees. While there may be more than one of them, the executor and trustee is usually the same person in a Will.
90-Day Trial Period
The Employment Relations (Trial Periods) Amendment Bill (Bill) was passed on 21 December 2023, after a fast-tracked process through Parliament resulting in the 90-trial period being restored for businesses with 20 plus employees.
Are you ready for the Increase in Minimum Wage on 1 April 2024?
The new adult minimum wage rate and the starting-out and training rates come into effect on 1 April 2024.
Attribution vs Market Salary Rules
The introduction of the 39% tax rate for individuals who earn over $180,000 from 1 April 2021 has reignited Inland Revenue’s interest in the income attribution and market salary regimes.
Taxes on Utes – Rules
The Government is taking action in line with the advice of the Climate Change Commission to increase uptake of low emission vehicles by introducing a range of measures that will help meet New Zealand’s 2050 carbon neutral target.
Trusts – When is a Loan really a Distribution?
Loans to beneficiaries are often made without proper consideration as to the preservation of trust assets or how these will affect any benefits to beneficiaries.
Trial vs. Probationary Periods – What is the Difference?
Trial and probationary periods look very similar and are used for similar reasons but they are fundamentally different. The main differences are set out in this article.
Tenants in Common – When only one wants to sell
Property sharing agreements are becoming more prevalent as individuals seek certainty of outcomes, where unforeseen circumstances intervene after property purchases.
Overview of the Wills Act
The Wills Act 2007 governs how wills should be prepared, executed, amended, and administered. The Act was introduced to make the law around wills easier to understand, with a single reference point rather than spread over different statutes.
Overview of the End-of-Life Choice Act 2019
The End of Live Choice Act 2019 came into effect in November 2021. It establishes the framework for the process, the eligibility and safeguards for the service of assisted dying in New Zealand. It is overseen by the Ministry of Health Manatu Hauroa.
What is a Testamentary Guardian and what they can/cannot do
Section 26 of the Care of Children Act 2004 provides that a testamentary guardian is a guardian appointed by deed or by will by a parent of a child.
Review of New Drug Testing at Festivals Law
Event organisers now have new legislation that allows for drug testing at concerts and festivals. Previously in New Zealand drug testing organisations have conducted tests at festivals with the risk of being prosecuted.
The Future of Smoking in New Zealand is Revealed
Smoking cigarettes has always been permitted in New Zealand. In more recent times the health hazards that smoking poses have been well researched, documented and publicised.
Trees under the Emissions Trading Scheme (Pre and post 1990)
As climate change issues come more clearly into focus, so do the relevance and effects of the Emissions Trading Scheme.
New Guidance on Discretionary Payments under the Holidays Act 2003
The Holidays Act 2003 (HA) sets out that employers must take into account ‘gross earnings’ when calculating payments for holidays.
Rollover Relief to the Brightline Rule
The brightline property rule applies to properties purchased after 1 October 2015. It looks into what period the property was acquired and when it is being sold.
Overview of the Official Information Act 1982
The Official Information Act (“the Act”) came into effect in 1982 in order to repeal the 1951 Official Secrets Act, with the purpose being to increase the availability of official information.
Guarantees – Discussing Anti-Discharge Clauses
Most guarantees have an “anti-discharge” clause, these clauses are designed to prevent a guarantor from being discharged from liability and allows the creditor to vary the underlying contract without the guarantor being discharged from their obligations.
A Review of Cross-Lease Issues
A cross-lease title creates two or more legal estates having multiple owners who all have a separate lease for the house or flat with an undivided share in ownership of the entire land/site.
Clarity around Power of Attorney Medical Certificates
In recent years the medical condition of a donor under a power of attorney has become increasingly important and therefore documented. Medical certifications as to mental capability are of particular importance.