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Long awaited Increase to Threshold for Probate

The threshold for requiring Probate or Letters of Administration will rise from $15,000 to $40,000 from 24 September 2025. This long-awaited update reflects the reality of today’s estate values and will provide welcome relief for many families navigating the estate process. The current $15,000 threshold was set back in 2009 and much has changed. A threshold of $15,000 was an unrealistic amount for estates given rising KiwiSaver balances which are now a common and significant part of people’s estates, even modest...

Protecting Your Assets Upon Your Death: The Importance of an Updated Will

Written by Damandeep Sadhra  Originally published in The Profit  - September 2025 A will is a legal document that sets out who will inherit your property after your death. If you die without one (known as dying intestate), and you have more than $15,000 in assets your family must apply to the High Court to access your estate (on 24 September 2025 this will increase to $40,000). The law – not you – decides who receives what. It’s a process that can be expensive,...

What Landowners Need to Know About the Future of Water in Hawke’s Bay: Plan Change 9

Written by Kelly Henderson Originally published in The Profit. Water is central to Hawke’s Bay’s agricultural and economic success. It sustains crops, reinforces land values and drives investment in one of the New Zealand’s most productive agricultural regions. However, a far-reaching new policy—Plan Change 9 (PC9)—is set to dramatically reshape water rights across the TANK catchments (Tutaekuri, Ahuriri, Ngaruroro, and Karamu). PC9 changes the way water is valued, managed and accessed and its impacts will be immediate and significant for landowners, agribusinesses...

Privacy Amendment Bill changes the requirements for the indirect collection of personal information

Written by Nick Aveling and Dan Barclay  The new Privacy Amendment Bill (“Bill”) proposes changes to the Privacy Act 2020, by introducing changes to enhance transparency when personal information is collected indirectly. This would better enable individuals to exercise their privacy rights when their personal information is being shared from a third-party source to an agency. This bill aims to align New Zealand’s privacy laws with international best practices. The change is important as currently there is no requirement for an organisation...

Cyclone Gabrielle: an update on the response to the damaging effects of the Hawke’s Bay flooding

Written by Kevin Osborne and Dan Barclay  It has been 2 years since Cyclone Gabrielle and other severe weather events in 2023 caused widespread damage to the Hawke’s Bay region. Whilst people in residential areas are recovering more effectively, rural landowners across the region are still suffering from widespread effects of the Cyclone. Orders under the Severe Weather Emergency Recovery Act (SWERLA) 2023 were made in June 2024 with the Hawke’s Bay Flood Protection Works and the Resource Management-Hawke’s Bay Rural...

Disputes Tribunal Amendment Bill: Potential Change to the Access of Civil Justice in New Zealand

Written by Dan Barclay A Bill proposing to increase the financial jurisdiction of the Disputes Tribunal from $30,000 to $60,000 passed its first reading in Parliament during November 2024. Many people are often deterred from pursuing claims as they cannot afford to take it to the District Court or the fees of going to Court exceed the value of claim they are pursuing. The proposed increase to the value of a claim allows for these claimants to have their case heard, changing...

Alalääkkölä v Palmer: rethinking Relationship Property and the importance of a contracting out agreement

Written by Saige Lindsay In February 2024, the Court of Appeal gave a precedent-setting judgment in the case of Alalääkkölä v Palmer regarding how copyrights are treated in the context of relationship property. Ms Alalääkkölä was a painter, who produced commercial art. The parties separated in 2017 following a 20-year marriage. Upon separation, Mr Palmer wished to continue managing the commercial art business. It was his argument that while Ms Alalääkkölä was the artist, he commercialised the work by promoting and...

New stalking legislation to come into force

Written by Damandeep Sadhra and Saige Lindsay During November 2024, Justice Paul Goldsmith announced the Government’s plan to make stalking an illegal offence. The Crimes Legislation (Stalking and Harassment) Amendment Bill (Bill) was introduced and passed the first reading in Parliament on 12 December 2024. The Bill defines stalking as three specified acts within a 12-month period that establish a pattern of behaviour amounting to stalking, including behaviour that is likely to cause fear or distress. Watching, loitering, recording, and contacting...