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Modernising the Mechanics of Charities in the New Year

Written by Tayla Westman  Charities play an essential role in our community and are key to providing much needed support. There are over 28,000 charities registered in New Zealand. About half of all Kiwis are involved in charity work, whether it is as a volunteer or directly with the community. Charities also play a vital role in our economy, having contributed over $20 billion last year. Much of the law governing charities in New Zealand is set out in the Charities Act 2005...

Order to act under the Protection of Personal and Property Rights Act 1988

The three most common orders granted under the Protection of Personal and Property Rights Act 1988 (“the Act”) are set out below together with an explanation of what happens when you have been appointed, and what your obligations and responsibilities are. Property Order: This Order occurs when a person’s item of property does not exceed $5,000 in value or their income/benefit does not exceed $20,000 in any one year. You are required to administer the property, income or benefit in such...

Executors and trustees of a Will

All Wills need executors and trustees. These days, while there may be more than one of them, the executor and trustee is usually the same person in a Will. This has not always been the case and the roles remain complementary and different. The executor role is usually related to the coordinating and finance arrangements for and with the deceased’s family: whether he or she was to be buried or cremated, reviewing the Will content and progressing to carry out the...

Changes to the Fair Trading Act

The Fair Trading Amendment Act 2021 came into force on 16 August 2022. The Act has been introduced to put in place new protections against unfair practices, by extending the protections against unfair contract terms under the Fair Trading Act 1986 and prohibiting unconscionable conduct. The types of contracts that are captured under by the Amendment Act include terms of trade and independent contractor agreements. A contract is subject to the amendments under the new Act when it is in standard...

Residential Land Withholding Tax: When and who pays it?

Residential Land Withholding Tax (RLWT) was introduced in July 2016. This is where lawyers and conveyancing agents acting for an offshore person in a residential sale will withhold the RLWT and pay it directly to the Inland Revenue Department. If the vendor is not an offshore person and the sale of the residential property happens within two years of obtaining the property where the house does not qualify as a “main home”, this sale will be subject to tax also. There...

Workplace Bullying

The role of the Employment Relations Authority (ERA) and the Employment Court (EC) is more critical than ever in defining and addressing workplace bullying. As more cases surface, the definition of what is bullying becomes clearer as opposed to what is merely criticism or feedback. The ERA and the EC are the combined force that brings all the workplace bullying strands together. There are a number of pieces of legislation that all seek to address the bullying from different angles and...

Kāinga Ora: First Home Partner

Our team met with Ngaroata Jason Wawatai, Stakeholder Relationship Manager, and Martha Williams, Product Manager, from Kāinga Ora this week.  Jason gave us an overview of the responsibilities of Kāinga Ora under the Home and Communities Act 2019 and a brief update on policy movements, and housing and urban development locally. Martha shared an update on the range of products on offer from Kāinga Ora including a relatively recent product, First Home Partner, which we think is interesting and could be...

The ease of COVID sees the removal of the Epidemic Notice

Written by Tayla Westman In March 2020 the Prime Minister issued the Epidemic Notice (“EN”) under section 5 of the Epidemic Preparedness Act 2006 in response to the COVID-19 pandemic. This was designed to allow Government “special powers” in legislation for it to respond swiftly in a rapidly evolving situation. The EN has been in force since that date, and in October 2022 it was announced that the EN would expire on 20 October 2022. For many, the EN may have impacted...