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Bramwell Bate Landscape
January 10, 2022 In Bramwell Bate News By Cherie Hannam

The Wills Act: What does it mean?

The Wills Act 2007 (“Act”) 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. An overview of the Act is outlined below. The Act applies to the wills of people who die on or after 1 November 2007 regardless of when the will was executed. However, s 40 of the Act provides guidance on which...

December 20, 2021 In Bramwell Bate News By Cherie Hannam

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. The form of property ownership known as ‘tenancy in common’ is becoming more popular due to this. This form of ownership enables an individual to have control over their share of the property they are a part owner of, to the extent that they can decide who they wish to take over their share in the event they die or...

December 17, 2021 In Bramwell Bate News By Cherie Hannam

Family Protection Act: Claims and Dates

The Family Protection Act 1955 (“FPA”) becomes relevant under either a will or intestacy (where a deceased dies without a will in place) in circumstances where a claimant does not consider that they have been appropriately provided for under the deceased’s estate. Proper maintenance and support is the test, which is a wide and general phrase. So, who can make a claim under the FPA? A spouse or civil union partner of the deceased is at the top of the...

December 14, 2021 In Bramwell Bate News By Cherie Hannam

Trial vs. Probationary Periods: What’s 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. Probationary periods - Section 67 of the Employment Relations Act 2000 (“the Act”) provides that a probationary period must be specified in writing in the employment agreement and that the application of the law of unjustified dismissal applies in the situation where an employee is dismissed under the probationary period. In other words, the...

December 6, 2021 In Bramwell Bate News By Cherie Hannam

Hawke’s Bay Rescue Helicopter Trust

The Hawke's Bay Rescue Helicopter Trust is a registered charity, established to provide a dedicated Rescue Helicopter service to the Hawke’s Bay.  Each year their crew assists in over 300 missions within the region, with over 80% of these missions providing urgent medical assistance at accident scenes or inter-hospital transfers for the critically ill. We are a proud sponsor of such a vital part of our community in order to support their aim to keep this essential service free and...

November 23, 2021 In Bramwell Bate News By Cherie Hannam

Government Announces Bill to Repeal Three Strikes Law

On the 11 November 2021, the Government announced that it intends to repeal the mandatory sentencing regime put in place by the Sentencing and Parole Reform Act 2010, more commonly known as the Three Strikes Law. The Three Strikes Law was intended to deter repeat offenders with the threat of progressively longer mandatory prison terms, and to penalise those who continued to re-offend. The law required courts to impose the maximum applicable penalty without parole on offenders who had committed any...

November 17, 2021 In Bramwell Bate News By Cherie Hannam

Trusts: When is a Loan Really a Distribution?

Loans to beneficiaries are often made without proper consideration as to whether the powers being exercised will affect the preservation of trust assets or how these will affect any benefits to beneficiaries. Recording a payment to a beneficiary as a loan does not conclusively make it so, and such a misrepresentation could put the trustees in breach of their duties as a trustee. Under the Trusts Act 2019, trustees have a mandatory duty to act honestly and in good faith (s 25)....

November 5, 2021 In Bramwell Bate News By Adam Harris

Government announces bipartisan Bill aimed at addressing New Zealand’s housing shortage

On 19 October 2021, Labour and National announced a bipartisan Bill aimed at addressing New Zealand’s housing shortage. The Resource Management (Enabling Housing Supply and Other Matters) Amendment Bill proposes to cut the red tape that is currently obstructing housing development in some parts of the country. To do this, the Bill proposes to strengthen and bring forward the implementation of the Government’s National Policy Statement on Urban Development (NPS-UD) issued in July 2020. This statement was directed at supporting...