Legal Articles
2016
- Limited Drivers Licences
There are a number of offences which carry a compulsory disqualification from obtaining or holding a drivers license. - October 2016 - The Family Protection Act
To most of us it would be unthinkable to cut some of our closest family members out of our Wills... - August 2016 - The Validation of Unsigned Wills
What happens if your Will is unsigned. - July 2016
2014
- Legal Formalities After Death
The death of a relative or loved one is an emotional time involving contact with professionals who we are not always in contact with. - May 2014 - The Role of Lawyer for the Children
When a relationship breaks up and a dispute arises about the arrangements for the children which cannot be resolved between the parents or at mediation it is inevitable that an application will be made to the Court for resolution of the dispute. - March 2014 - Guarantees in 2014
It was Shakespeare who said "Neither a borrower nor a lender be". He should have added never enter into a guarantee to pay the debts of a third party. - January 2014
2013
- Wills in the New Age
Thirty years ago preparing wills for our clients was comparatively easy. A couple would make their wills providing for each other and if both of them died, their children would inherit their estate. - December 2013 - Restorative Justice
More attention is now being paid to the needs of the victims of crime and a system of restorative justice is often used in New Zealand, and indeed in many countries throughout the world, to provide a platform where the victim and the person who has committed the crime may meet and try to resolve issues relating to the offence. - November 2013 - Jury Service
One of the oldest institutions in our legal system is the right of a person who has been accused of a serious offence to be tried by a jury of his/her peers. - October 2013 - Franchise or Independent Business
In the business world there are two main methods of setting up a small business. - September 2013 - Travelling Abroad
On a recent trip to Europe the following snippets were of special legal note: - August 2013 - Rest Home Subsidies
As the sands of time start to run out many of us turn our minds to preserving our assets for the next generation and often beyond them. The earlier we commence the estate planning process the better. - July 2013 - Threats and Promises
Another parliamentary election will be held in 2014. Next year, and it seems only very recently that we had the last election. - June 2013 - Changes to Dwelling Insurance
The Canterbury earthquakes have had a major impact on all property owners affected by the earthquakes. Major changes to dwelling insurance cover will take place over the remainder of this year. - May 2013 - Separate Property and Inheritances
These are many misunderstandings about what is included in the term "relationship property". There is a common belief that all of the partners' property is divided equally between partners after the initial three years of the relationship if the partners have not signed an agreement contracting out of the Act. If only it were that simple. - April 2013 - The Reality of Trusts
Not everybody who sets up a trust and transfer property to the trust envisages the problems which may arise and a large number of people do not appreciate what may happen if they lose the rights of ownership of their property. - March 2013 - National Superannuation
Our National Superannuation is available to all New Zealanders on attaining the age of 65 who satisfy certain rules particularly in respect to residency. However there are some features of the scheme which everybody needs to be aware of. - February 2013 - Resolutions
By this time of the year most of our new year resolutions will have been cast aside. However, there are a number of issues which we should all resolve to do or not to do as the case may be to put our legal affairs in order. Some are ... - January 2013
2012
- Democracy in Action
It is easy to live in a democracy. It does not mean that life will not throw up enormous challenges along the way but the freedoms we have living in a democracy are taken for granted. - December 2012 - Employment Law Issues
Over the past few decades employment law has evolved to the point where it would be barely recognisable to an employer of say, fifty years ago. - November 2012 - WINZ Asset Testing
Some years ago the Government of the day raised the asset threshold for eligibility for a subsidy for rest home care. - October 2012 - Spring Reminders
With the arrival of spring it is a suitable time to think about a few legal issues which can arise in everyone's lives. - September 2012 - Guaranteeing Another's Debts
I never fail to be amazed at the number of people who respond to scams which arrive in the in-box on the computer. - August 2012 - Victims and the Law
The media makes much of criminals, their crimes and their sentencing but little attention is given to the victims of the criminals. - July 2012 - Disputes Tribunals
The jurisdiction of the Disputes Tribunals was increased some time ago so that their current jurisdiction is for claims up to $15,000.00 as of right and $20,000.00 if both parties to the dispute agree. - June 2012 - Tax Matters
The Government has been looking at closing as many loop holes as it can in an effort to keep us all honest and to increase the tax take. - April 2012 - Loans within Families and Friends
Financial transactions within families are potential sources of misunderstandings which can eventuate into a conflict which can be difficult to resolve - March 2012 - New Residential Building Rules
In an effort to avoid a repetition of the leaky homes debacle, new rules will apply to most residential construction and alteration work from 1st March 2012. - February 2012 - Debts
Many households having run up large amounts in consumer debt and with the credit crunch some are having difficulty in paying their debts. - January 2012
2011
- Orders under the protection of personal and property rights act
In the past I have recommended that readers complete enduring powers of attorney ... - December 2011 - Election and Referendum 2011
In a democracy it is everyone’s right not to vote. - November 2011 - A Consequence of Homicide
In 2007 the Succession (Homicide) Act was passed and it sets out the rules which now apply. - October 2011 - Gift Duty
With the stroke of a pen the Government abolished gift duty as from 1st October 2011. - September 2011 - Adoption
I often hear politicians say that they want our laws to be in clear modern language. - August 2011 - GST on Land Transactions
The rules on GST affecting “land transactions” between GST registered parties changed on 1st April 2011. - July 2011 - The 2011 Referendum
Our next general election is scheduled to take place on 26th November 2011. At the same time there is to be a referendum on whether NZ retains the MMP voting system. - June 2011 - Financial Markets Authority
As a result in the drop in investor confidence in New Zealand, the Government passed the Financial Markets Authority Act which came into force this year. - May 2011 - The Interesting Part of the Next Election
The Prime Minister has announced that our next general election will be held in November. It doesn't seem to be almost 3 years since the last election. - April 2011 - Be Prepared
If there is one lesson to be learned from the recent earthquakes it is that everyone should have a valid and up to date will, so that when the Grim Reaper calls all should be in order for those left behind. - March 2011 - Law and Morality
Over the centuries philosophers have mulled over the relationship between law and morality and whether the country's laws should reflect morality. - February 2011 - Secrets and Whistleblowing
Every person, family and business has its secrets. In our occupations and businesses the information we accumulate must always be a closely held secret. - January 2011
2010
- Major Events Management
In 2007 the Major Events Management Act came into force. Its aim is to protect unauthorised commercial exploitation at the expense of organisers or sponsors of major events, ensure the smooth running of major events and obtain maximum benefits for New Zealanders. - December 2010 - Gift Duty
After some lobbying by interested groups and some thought the Government has announced its intention to do away with gift duty. - November 2010 - The Secrecy of Trusts
I do not always greet clients setting up a trust with much enthusiasm. There are a number of reasons for my lack of enthusiasm one of which is that the settlor will very often be a trustee of the Trust and as such he/she will administer the trust to suit himself. - October 2010 - Land Owners Rights -v- The Crown And Local Authorities
When land is required for public works the procedures for acquisition are set out in the Public Works Act. - September 2010 - A Timely Comparison
I took the opportunity to observe the relatively new Conservative Government finding its feet and to compare the challenges facing both our government and the UK government. - August 2010 - Trusts - our great legal icons
Trusts are one of the law's hardy perennials and with the changes made to the taxation of trusts under the last Budget they continue to be relevant for many of us. - July 2010 - Three strikes - you're out or in
In response to the lobbying of interest groups and general public outcry that the law is too soft on recidivist violent offenders, the Government has brought a draconian law to try to deal with persistent violent offenders. It has become known as the Three Strikes rule. It sounds more like a base-ball umpires call. - June 2010 - Orders under the protection of personal and property rights act - May 2010
- Restorative Justice
More attention is now being paid to the needs of the victims of crime and a system of restorative justice is often used in New Zealand, and indeed in may countries throughout the world - April 2010 - Recovery of assets from certain criminals
Prior to December 2009 people who were convicted of serious offences were liable to have property used in the commission of those offences forfeited to the Crown. That legislation proved ineffective and new laws came into effect in December 2009. - March 2010 - Debts
Many households having run up large amounts in consumer debt and with the credit crunch some are having difficulty in paying their debts. - January 2010
2009
- Farewell to 2009
From my desk 2009 has been a short, sharp, rocky year. The recession has bitten a lot of businesses and people this year and apparently there is some way to go before it is over. - December 2009 - On-line auctions
Over the past few years it has become very common practice for people to sell goods by auction on the internet. There are major pitfalls for buyers of goods on the internet - November 2009 - Rose v rose
The Supreme Court of New Zealand (New Zealand's highest Court) has recently issued a judgment in the case of Rose –v- Rose. - October 2009 - Company directors personal liability
We live now in interesting times. In the past many businessmen who wanted to provide jobs for themselves in their retirement (jobs for the Boys) sought appointments to boards of directors where they would earn attractive rates of director's fees for doing not much. - September 2009 - Reverse mortgages
Over the years the economists have encouraged us to retire debt including the repayment of our mortgages. - August 2009 - The aftermath of a fatal road accident
Recently I met a young man in his mid-twenties. Up till about 2 years ago life was good for him. He had a good job, was highly thought of by his employers and neat circle of friends. - July 2009
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