News and Helpful Articles

Before we start legal work for our clients, we are required to carry out Anti-Money Laundering and Countering Financing of Terrorism (“AML and CFT”) checks. We understand this can seem like an unnecessary and invasive step in engaging a lawyer. So why do we do this? Law firms are now required to complete these checks because they are significant targets for criminals to try to launder money through for the funding of terrorism and other illegal activities. How do we do this?

We often advise on the benefits of settlement. Initial costs of settlement may seem high in the scheme of day-to-day expenses. However, these costs are dwarfed in comparison to the costs of litigation. With a separation, when looking to settle what exactly are the costs associated with settlement? A large portion of your costs will be associated with the drafting of a relationship property agreement. This agreement will provide a background of the relationship and separation.

Relationship Property DIY – It can be costly! As they say at Mitre 10: “DIY…it’s in our DNA!” But, when it comes to dividing relationship property following separation, DIY can be a costly mistake. The Property (Relationships) Act 1976 sets out the law relating to the division of property in the event of separation. It lays out the general expectation of equal sharing between couples. The Act also provides that couples can make their own rules relating to the division of prop

Where one spouse dies leaving a spouse or defacto partner, the surviving spouse or defacto partner has two choices. They can choose to either: (a) to apply for a division of relationship property under the Property (Relationships) Act 1976 (“the Act”); or (b) take under their deceased partner’s will or the laws of intestacy. This can be a very important choice for the surviving spouse or defacto partner if they have not been provided for in their deceased partner’s Will.

COVID-19 contactless services The response to Covid-19 lockdown has introduced new challenges for lawyers to work remotely and provide a contactless service, including signing legal documents. These restrictions will continue as we move into Level 3 this week. The process of signing documents and verification of identity must now be completed remotely in a secure and reliable way. For property law, that includes complying with the requirements of Land Information New Zealand

As you probably know, if you are in a relationship of three or more years duration you will be subject to the equal sharing provisions of the Property (Relationships) Act 1976 (unless you enter into a “Contracting Out Agreement” or “Prenup.”) This applies to marriages, civil unions and de facto relationships and in the case of marriages and civil unions any immediately preceding de facto relationship between the parties will be counted as part of the marriage or civil union.

Many people take comfort in having a will that expresses their final wishes, believing that upon their death the instructions they have set

With the desire to provide for their children long after they are gone, we are often approached by clients wanting to know the “safest way” to give assets to their child without it potentially becoming relationship property. In a qualifying relationship, relationship property is divided between the parties when the relationship comes to an end. When transferring an asset to your child who is in a relationship, it is highly likely that the asset will be converted into relati

Family trusts were once seen as the ultimate tool for asset protection. Many asset holders believed that by establishing a trust and transferring their assets into it, they could protect wealth from rest home care fees and reduce tax liabilities. However, the landscape has changed significantly. Changes in Gift Duty and Rest Home Care Subsidy Since gift duty was abolished in New Zealand, the amount that can be gifted to a family trust without being considered a deprivation of