Trust eSPEAKING ISSUE 25 | SPRING 2017

2017-10-13T20:51:30+00:00 October 13th, 2017|Newsletters|

In this issue

1. Trusts Bill
2. Retiring as a Trustee?
3. Ageing Trustees

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FEATURE ARTICLE

Trusts Bill

The long-awaited Trusts Bill was introduced to Parliament on 1 August 2017. The Bill is largely an update and restatement of the Trustee Act 1956 and the common law. However, it also deals with practical issues that have faced lawyers and trustees for some years. We outline some of the most important parts of the Bill.

Rural eSPEAKING ISSUE 24 | SPRING 2017

2017-10-13T20:39:36+00:00 October 13th, 2017|Newsletters|

In this issue

1. Nuptial Settlements
2. Fire Hazards
3. Over the Fence

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FEATURE ARTICLE

Nuptial Settlements

The law around trusts is everchanging particularly with relationship property and matrimonial issues. The courts continue to chip away at the trust as an appropriate vehicle to protect assets against a relationship breakup.

FINEPRINT ISSUE 73 | WINTER 2017

2017-08-15T05:26:20+00:00 August 15th, 2017|Newsletters|

In this issue

1. A Helping Hand for First Home Buyers
2. Up in the Air: Using your drone 3. Time to Update Your Ts and Cs 4. Getting Your Enduring Powers of Attorney Sorted Out
5. Postscript

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FEATURE ARTICLE

A Helping Hand for First Home Buyers

It’s every Kiwi’s dream to own their own quarter-acre share of paradise. Unfortunately for many young people today, not only are the quarter-acre sections fast disappearing into multicomplex developments, but it’s also becoming harder than ever before with an ever-rising property market.

Property Speaking ISSUE 24 | WINTER 2017

2017-05-22T21:35:02+00:00 May 10th, 2017|Newsletters|

In this issue

1. Sharing a Driveway
2. Airbnb
3. Property Briefs

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FEATURE ARTICLE

Sharing a Driveway

Many episodes of Neighbours at War told of disputes regarding shared driveways. Whether you currently own a property or you’re in the market to buy a property with a shared driveway, it pays to know your rights and obligations to ensure you and your neighbour won’t be featuring on the next episode.

FINEPRINT ISSUE 72 | AUTUMN 2017

2017-05-22T21:35:03+00:00 May 10th, 2017|Newsletters|

In this issue

1. How Private is Private When Taking Photos in a Public Place?
2. Rural Fires – Who is liable for the damage?
3. Buying off the Plans
4. DIY at the Disputes Tribunal
5. Postscript

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FEATURE ARTICLE

How Private is Private When Taking Photos in a Public Place?

At last year’s Melbourne Cup, a young Kiwi woman had her photograph circulated around the globe after a journalist photographed her antics at the races. As the woman was in a public place with no expectation of privacy no criminal offence was committed, nor was there any civil wrong. This would also be the case in New Zealand. The situation raises some interesting questions about how private is private when taking photographs in a public place?

Rural eSPEAKING ISSUE 23 | AUTUMN 2017

2017-05-22T21:35:04+00:00 March 28th, 2017|Newsletters|

In this issue

1. Clean Water Package 2017
2. Good Husbandry
3. Over the Fence

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FEATURE ARTICLE

Clean Water Package 2017

The government recently announced its Clean Water Package. The release has caused considerable controversy, largely around the proposed target of 90% of rivers and lakes being ‘swimmable’ by 2040 and, in particular, the E.coli guidelines for swimmable rivers being 540 E.coli per 100mls.

Trust eSPEAKING ISSUE 24 | AUTUMN 2017

2017-05-22T21:35:06+00:00 February 19th, 2017|Newsletters|

In this issue

1. Trusts Bill
2. Will Your Business Survive if You Don’t?
3. Looking After Your Inheritance

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FEATURE ARTICLE

Trusts Bill

In late 2013, the Law Commission completed a report recommending that a new Trusts Act replace the Trustee Act 1956. The public consultation phase began last December with the release of the exposure draft Bill...

FINEPRINT ISSUE 71 | SUMMER 2016

2017-05-22T21:35:07+00:00 February 15th, 2017|Newsletters|

In this issue

1. Do all your Employees have Employment Agreements?
2. Letting your Holiday House
3. Why is There Name Suppression in Court?
4. Ni Hao: Doing business with Chinese investors
5. Holiday Care Disputes Involving Children
6. Postscript

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FEATURE ARTICLE

Do all your Employees have Employment Agreements?

A recent report from Statistics New Zealand suggests that nearly 1 in 10 employees do not have a written employment agreement. Of those who do have written employment agreements, it’s probably fair to say that a proportion of those are not up-to-date.

COMMERCIAL eSPEAKING ISSUE 45 | SUMMER 2017

2017-10-13T20:59:27+00:00 January 18th, 2017|Newsletters|

In this issue

1. What to do When the Earth has Moved
2. Greater Focus on Lender Responsibility for Consumer Credit
3. Business Briefs

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FEATURE ARTICLE

What to do When the Earth has Moved

The recent Kaikoura earthquake was yet another reminder of the volatile and unpredictable nature of the land on which we all live. As we have seen, even earthquakes that don’t cause widespread destruction and/or loss of life can have a major impact on businesses and property owners. We set out below some guidance on points to keep in mind if you own, or are a tenant in, a commercial building potentially affected by earthquake damage.

Rural eSPEAKING ISSUE 22 | SUMMER 2016

2017-05-22T21:35:07+00:00 December 19th, 2016|Newsletters|

In this issue

1. Health and Safety, and Personal Trusteeships – Not a good mix these days
2. Due Diligence – Check the primary documents
3. Over the Fence

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FEATURE ARTICLE

Health and Safety, and Personal Trusteeships – Not a good mix these days

In the past, articles in Rural eSpeaking have covered the issue of personal liability for trustees, and the dangers facing independent or professional trustees who have little day-to-day involvement in the running of their trust.

Trust eSPEAKING ISSUE 23 | SPRING 2016

2017-05-22T21:35:07+00:00 October 19th, 2016|Newsletters|

In this issue

1. Beneficiaries’ entitlement to trust information
2. Trusts under attack by former spouses and partners
3. Foreign trusts: Tightening up the rules

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FEATURE ARTICLE

Beneficiaries’ entitlement to trust information

The extent of a trustee’s obligation to provide information to beneficiaries has been a continuing source of frustration for trustees, particularly those whose discretionary decisions may be challenged. Recently the Court of Appeal clarified the nature and extent of this obligation, and the beneficiary’s corresponding rights.

COMMERCIAL eSPEAKING ISSUE 44 | SPRING 2016

2017-05-22T21:35:09+00:00 October 18th, 2016|Newsletters|

In this issue

1. Important changes in construction law now in force
2. Directors’ duties – how far is far enough?
3. Business Briefs

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FEATURE ARTICLE

Important changes in construction law now in force

Construction Contracts Act 2002 (CCA) sets out a number of duties and obligations on both those commissioning building work, and those undertaking it. It’s designed to ensure prompt payment of invoices from contractors, and that disputes are identified and resolved quickly and cost-effectively. If you provide or commission building work, it’s essential to be familiar with this legislation.

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