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Family Trusts and Estate Planning

Clarification of Trust Powers and Relationship Property

The Supreme Court’s recent decision in Cooper v Pinney [2024] NZSC 181 (“Cooper”) has clarified the extent to which trust powers may be considered relationship property under the Property (Relationships) Act 1976 (PRA), refining the scope of its earlier landmark ruling in Clayton v Clayton [2016] NZSC 29 (“Clayton”). THE DIFFERENCES BETWEEN CLAYTON AND COOPER

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Aerial view of a construction site with a red crane amidst green fields and concrete buildings.
Commercial

Proposed Building Consent System Reform

The Government has announced its intention to reform the building consent system with the aims of improving efficiency and consistency in building consent delivery. At present some 67 Building Consent Authorities (BCAs) – which are usually local and district councils, can also be regional councils (for dams) and private organisations – operate across New Zealand,

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Commercial

New Resource Management Reform: Key Takeaways for Clients

The New Zealand government recently announced a major overhaul to the Resource Management Act (RMA) 1991, a move expected to streamline environmental and development regulations. Two new Acts will replace the RMA, targeting environmental management and urban development separately. This article outlines the planned reforms and their implications for property developers, environmental stakeholders, and iwi

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Family Trusts and Estate Planning

Understanding the Trustee Duties Under New Zealand’s Trusts Act 2019

The Trusts Act 2019 outlines two types of trustee duties: compulsory and default. It’s essential for trustees and beneficiaries to understand these responsibilities to ensure the trust functions as intended and complies with the law. COMPULSORY DUTIES The mandatory duties, which cannot be changed or excluded, are foundational to trust management. They ensure that trustees:

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Property Law

Overhanging Trees, Boundary Issues, and Ownership of Fruit: What you Need to know

In New Zealand, trees planted close to property boundaries can lead to disputes, especially when branches overhang or roots encroach into a neighbouring property. Understanding the law governing these situations can help property owners resolve issues amicably and avoid unnecessary conflicts. OWNERSHIP OF OVERHANGING BRANCHES AND FRUIT Legally, the branches, leaves, and fruit of a

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Property Law

Buying a business in New Zealand: key considerations

Buying a business in New Zealand can be both exciting and stressful. It marks the start of a new adventure, but usually involves some uncertainty and risk. START A NEW BUSINESS INSTEAD? An existing business should offer an established customer base and cashflow. However, you also inherit existing challenges and may need to make changes

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Property Law

Understanding the brightline tax test

The Brightline tax test is a crucial part of New Zealand’s property taxation framework, designed to curb property speculation and ensure that profits from quick property sales are taxed appropriately. Introduced in October 2015, the test has undergone several changes, reflecting the governments’ ongoing efforts to stabilize the housing market and address affordability issues. The

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Family Trusts and Estate Planning

Practical steps to avoid financial difficulties after the death of a partner or spouse

The death of a partner or spouse is an emotionally challenging time, often compounded by the practical difficulties of managing finances and paying for expenses. Understanding how joint accounts work and the requirements of obtaining probate can help streamline financial matters during such times. In running a busy Estates practice, we often see things happening

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Merry Christmas

We shut on the 20th of December and re-open again on the 13th of January 2025

Compliments of the season to you also and we hope you enjoy a relaxing break.