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Are you managing your Family Trust correctly?

Written by Nick Aveling Gone are the days of Mum and Dad running the family Trust as if they still owned the Trust property. With new requirements and regulations the use of Trusts has come under increasing scrutiny. Whilst Trusts continue to provide benefits that make them an essential component of effective asset planning and wealth management, these benefits arise only if the Trust is properly administered. Running the Trust needs to be taken seriously. If Trustees do not treat the...

The Return of 90-Day Trial Periods for Employees

Written by Sophie Broome  Updated: 19 January 2024 90-day trial periods for all employees have been reintroduced by the government effective from the 23 December 2023. This change is in addition to other employment law reforms including the Fair Pay Agreements Act Repeal Act which came into force on 20 December 2023. A key benefit of a 90-day trial for employers is the potential to decrease costs. Recruiting and onboarding new employees costs time and money to a business of any size, and...

Exploring the Opportunities and Risks of AI in Business from a Legal Perspective

Written by Amy Cowan. Originally published in The Profit Updated: 20 November 2023   Artificial Intelligence (AI) has emerged as a transformative force in the business world, offering newfound opportunities for efficiency, innovation, and competitive advantage. However, along with these opportunities come legal implications and risks that must be carefully navigated. AI algorithms can process vast amounts of data quickly and accurately, helping businesses identify trends, predict future outcomes, and make informed choices. This can lead to more transparent and defensible decision-making processes. AI technologies...

A Step Forward: Cyclone Gabrielle Voluntary Buy-Out Policy Adopted

Written by Amy Cowan Updated: 28 September 2023  Both Hastings and Napier District Council’s confirmed in mid-September 2023 that a Voluntary Buy-Out Policy has been adopted to enable the voluntary purchase of eligible Category 3 residential properties in Hawkes’ Bay.  This is a cost-sharing scheme with the Government and negotiations are still underway.  This programme will not only allow for the voluntary buy-out it will also provide funding for urgent recovery priorities including flood mitigation, roading, and bridge repairs throughout the region. To...

Protecting Your Assets: Why Legal Advice Matters for ‘Pre-Nup’ Agreements

Written by Alex Fanning A recent decision in the Napier High Court, WL v AJ [2023] NZHC 703, is a timely reminder that seeking independent legal advice is crucial for a pre-nuptial agreement (pre-nup) to be valid and enforceable. The decision also demonstrates the consequences of not getting the right advice. Understanding the Case Let’s take a look at the case involving Mr W and Ms A. They began their relationship in 2000, and on 3 July 2001, Mr W bought a home...

Changes to First Home Buyer Schemes to allow for purchasing of existing homes and extend household income caps

Written by Lois McLintock Updated: 3 August 2023  The government’s Progressive Home Ownership Scheme (PHO) is set to reach more potential first home buyers with changes being announced to the scheme earlier this week. These changes will take effect from 14 August 2023 and are good news if you are a first home buyer. The PHO was established in 2020 and is administered via two pathways. The First is Te Au Taketake,  the pathway for Māori and Iwi to access the scheme. Te...

Positive Changes to Regulations for First Home Buyers

In August 2022, we wrote an article explaining the initial changes made to CCCFA Regulations. Further changes have been announced this month, which will be good news if you’re trying to get on the property ladder. In short, how you spend your money no longer limits your opportunity to apply for a mortgage. If you were worried how your discretionary spending will affect your chances of getting a mortgage for your first home, recent amendments to CCCFA Regulations may ease some concerns. This...

An important step in recognising the rights of New Zealand’s rainbow communities

Next month a new process of self-identification comes into force which will replace the existing Family Court process.  Under the new Births, Deaths, Marriages, and Relationship Registration Act people can make an application to amend the sex recorded on their birth certificate, making it easier for people to have their gender recognised as different to the one assigned at birth. The Act also recognises that the Court no longer has the right to make that choice for people. In doing...