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An overview of Occupation Right Agreements

Purchasing an Occupation Right Agreement (ORA) at a retirement village is a big decision, and it can be a daunting task reviewing all the paperwork that villages are required to provide to you. Set out below is a brief overview of the more salient aspects of life within a retirement village. A retirement village is governed by the Retirement Villages Act 2003 (“the Act”). This Act protects residents and the village by providing a legal framework in respect of financial reporting,...

Welcoming Back the Skilled Migrant Category Visa With Open Arms

Immigration New Zealand continues to take steps to tackle the ongoing impact of COVID-19 on labour shortages in the country. The Accredited Employer Work Visa (AEWV), which came into force earlier this year, has seen New Zealand reopen its borders to encourage migrant workers to fill the plethora of vacancies we have seen throughout the job market. The AEWV has so far seen more than 12,000 migrant applicants applying for over 511 different vacancies in New Zealand under the new...

Kōrero in the Workplace: The Importance of Mental Wellbeing as a Business Asset

Written by Christine Symes and Tayla Westman Originally published in The Profit In 2021, the theme of Awareness Week was “take time to kōrero”, which encouraged connection through conversation, and promoted openness about our mental wellbeing. For employers and employees, it’s important to understand that mental health plays a significant role in the workplace. For businesses, the mental wellbeing of their teams is a great asset. Research shows that businesses who invest in the mental health of their staff reap the benefits...

Thinking Outside the Box To Get on the Property Ladder

Bramwell Bate’s new solicitor, Lois McLintock, provides an overview of the current market and options for purchasing your first home. New Zealand has seen an escalation in housing prices in recent years and, unfortunately, this has kept many Kiwis from getting on the property ladder and fulfilling the dream of home ownership.  However, the QV House Price Index recently reported that average house prices had decreased and in Hastings that meant a decrease of 3.3% and in Napier a considerable 7.2%. A...

Calling All Businesses Seeking Talent: The New AEWV Accreditation Scheme

The Accredited Employer Work Visa (AEWV) is a positive move for New Zealand’s employment sector and economy overall. To put it simply: Employers can become accredited to hire migrants under the new regime for up to three years, improving opportunity for both business efficacy and migrants seeking employment. However, the new regime does not come without its complexities. Employers are required to comply with a strict process to become accredited. This three-step process is carried out by Immigration New Zealand...

Attribution vs market salary rules

The introduction of the 39% tax rate for individuals who earn over $180,000 from 1 April 2021 has reignited Inland Revenue’s interest in the income attribution and market salary regimes. These rules currently prevent a person from having income earnt from individual efforts or “personal services” taxed through an associated entity at a lower tax rate. With an 11% difference between the top individual tax rate and the NZ company tax rate, the application of these rules is likely to...

Slip Ups between marketing brochures and signing of agreement

One of the clearly defined and longstanding requirements regarding the sale and purchase of land in New Zealand is that the agreement must be in writing and signed by both the accurate seller and purchaser. When the seller of the land uses a real estate agent to assist with the sale, that agent is the seller’s agent. Under the law of agency, any representation made by the agent is deemed to be on behalf of their seller principal. However, within the...

Trees under the Emissions Trading Scheme (Pre and post 1990)

As climate change issues come more clearly into focus, so do the relevance and effects of the Emissions Trading Scheme. If you are in the Scheme, or are buying or currently own a property that has trees that are affected by the rules and regulations surrounding the Scheme, then you definitely need to be vigilant. There is no doubt that combined assistance is required from your lawyer and accountant alongside the consultants that are at the coalface implementing and administering the...