Aug 15 2017

Upcoming Changes to Commercial Legislation

Upcoming Changes to Commercial Legislation

Written by: Ron Arieli

The Contract and Commercial Law Act 2017 (Act) was passed recently to consolidate and modernise New Zealand’s laws relating to contracts and sales.  With the Act coming into force next month, it is a timely opportunity for you to review your contracts to ensure that they will be up-to-date.

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Jul 27 2017

Changes to Enduring Powers of Attorney

Changes to Enduring Powers of Attorney

Written by: Simon Blogg

Recently the legislation regarding Enduring Powers of Attorney (“EPA”) had a significant makeover. The forms for EPAs have now changed and it is important to understand how these changes may affect you. We aim to answer some questions you may have about what these changes will mean for you.

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May 10 2017

What to Look for in Confidentiality Agreements

What to Look for in Confidentiality Agreements

Written by: Ron Arieli

Confidentiality agreements (or non-disclosure agreements / NDAs, as they’re sometimes known) are used in a range of business relationships. You might be asked to sign a confidentiality agreement if you are going to carry out due diligence on a business or commercial property, enter into a partnership or evaluate another company’s products as a precursor to a licensing agreement.

As part of this process, you will often be given a confidentiality agreement to sign on the spot. The best advice we can give you is not to do this until you’ve had a solicitor carefully consider the agreement. To help you with that process, we have set out below a checklist of some of the issues you should be aware of when reviewing a confidentiality agreement.

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May 05 2017

David Lyon goes out to pasture..

David Lyon goes out to pasture..

Written by: Gerard Molloy

One of the true characters of the legal profession has taken down his shingle.  David Lyon retired from the legal profession at the end of last year, after 54 years practising law.

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Sep 06 2016

KiwiSaver and Homestart Grant Changes

KiwiSaver and Homestart Grant Changes

Written by: Kate von Biel

Calling all first home buyers! From 1 April 2015 there are some significant changes that may positively affect you, including the amount that can be withdrawn if you have been in KiwiSaver for three or more years.

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Jul 07 2016

A gift, but with strings attached - Inter-generational loans for first home buyers

A gift, but with strings attached - Inter-generational loans for first home buyers

Written by: Amanda Donovan

Art and Matilda  are a young couple who after a whirlwind romance, are ready to take their relationship to the next level.*

They are looking to buy their first home together. They have cut back on extravagances like helicopter flights and red roses and have been saving hard, but don’t quite have enough for the 20% loan-to-value bank requirement (LVR).

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Jun 09 2016

Where there’s a Will, there’s a way – things you need to know about Wills

Where there’s a Will, there’s a way – things you need to know about Wills

Written by: Brittany Earl

Consider William’s situation:

William is 29, loves to travel and surf. In addition to his investment in surfboards, William has been saving for a house and has accumulated $25,000 in his KiwiSaver fund.

William considers himself a lucky man. He has just arrived back in New Zealand from Rio de Janeiro where he has been honeymooning with his new wife Fortune. William and Fortune spent their time in Rio hanging ten on Copacabana Beach and exploring the city. Whilst on holiday and much to his delight, William found out that he was going to be a father; his son is now 8 months.

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May 27 2016

I've got the power - Powers as Property - Clayton v Clayton

I've got the power - Powers as Property - Clayton v Clayton

Written by: Henry Holmes

When spouses or partners separate, it is usually relatively straight forward to establish what personal property (e.g. the house, the cars, the boat, etc.) they own. Only property owned by either spouse personally can be classified under the relevant legislation as property to be shared or property to be kept separate.

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May 13 2016

How the new Brightline Test may affect you

How the new Brightline Test may affect you

Written by: Shaun McGivern

Property Tax Rules changed on 1 October 2015, with the new bright-line test requiring a vendor to pay tax on capital gains on residential property bought and sold within two years.  There will however be three exceptions to this rule:

1. If the property being transferred qualifies as your Main Home (as that term is defined (“the Main Home Exemption”);

2. If the property is transferred under a property relationship agreement; or

3. If the property is transferred by an executor or administrator for a deceased person’s estate.

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May 06 2016

Key Responsibilities of Directors

Key Responsibilities of Directors

Written by: A’lanah Harrison

Whether you are a director of a company which owns an investment property, runs a small or large business, or exists for another reason, you have the same core responsibilities.

The Companies Act 1993 (“the Act”) sets out specific duties which directors must comply with in operating a company and managing the day-to-day business. A company’s constitution and/or shareholders’ agreement may also impose other requirements on how the directors’ operate the company. Therefore, a director’s responsibilities and obligations may vary slightly depending on the company involved.

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