Family Trusts and the Family Protection Act Family trusts are an ideal way to protect assets from various threats, including for example, claims under the Property (Relationships) Act 1976 and being eroded by rest home subsidies. However, in the recent case of X v X, the Court of Appeal has highlighted the risk of losing
Put your ducks in a row before you put pen to paper If you buy a property at a mortgagee sale, be aware that you are entering a contract that is quite different in its nature to an agreement entered into in other circumstances. The agreement is likely to be weighed heavily in the mortgagee’s
Employers Beware!! The Government‟s proposed changes to the Employment Relations Act 2000 („ERA‟) include extending the 90 day trial period to all employers, rather than just those with fewer than 20 employees. The main benefit of a trial period is that it allows an employer to dismiss an employee within the 90 day trial period
On 24 March 2011, the Marine and Coastal Area (Takutai Moana) Act 2011 (the „Act‟) was enacted to repeal and replace the Foreshore and Seabed Act 2004. The call for change has been motivated by an independent Ministerial Review of the Foreshore and Seabed Act 2004, which deemed the 2004 Act unfair, as it failed
Protection of Children The Crimes Amendment Bill (no. 2) (the „Bill‟) was introduced to Parliament by the Minister of Justice on 12 April 2011. Among other issues contained in the Bill, one of the major areas of proposed change relates to the protection of children. The Bill seeks to significantly alter the current legislation as
Part 8 of the Property (Relationships) Act 1976 („the Act‟) deals with the division of property where a marriage relationship or de facto relationship ends (after 1 February 2002) because one of the parties has died. The basic scheme of the Act for relationships ending on death is that surviving spouses or de facto partners
You are buying a shiny new top-of-the-range television with a two year warranty. The salesperson asks if you would like an extended five year warranty for only $249.95 extra. Sounds sensible, right? WARRANTIES IMPLIED BY LAW Many consumers do not realise the Consumer Guarantees Act 1993 (‘the Act’) already provides most of the extra protection
The Supreme Court, New Zealand’s final court of appeal, recently marked its 10 year anniversary. Before 1 January 2004, the Judicial Committee of the Privy Council in London was New Zealand’s final court of appeal. Decisions made in New Zealand Courts before 31 December 2003 still have the right of appeal to the Privy Council.
In the last decade the use of social media has exponentially expanded. Social media such as Facebook enable users to interact with large numbers of people, with immediate and permanent impact. Users of social media might assume that their use of sites such as Facebook in their own time has no relevance to their work
Property is often purchased and sold in New Zealand, particularly in a seller’s market, via auctions. However, buyers frequently underprepare for an auction and are caught out when the hammer falls. When purchasing at auction, a buyer is making an offer unconditionally. In essence, this means that the highest bidder over the reserve (being the
