The Family Protection Act 1955 provides the Court with discretion, upon application of an eligible person under the Act, to make an order for “adequate provision” for “proper maintenance and support” to those to whom the deceased owed a moral duty. Courts in more recent times have tended to take a more conservative approach. The central consideration is whether the provision made for the eligible person is adequate, and if not, what is the minimum to remedy the failure?

The Waitangi Tribunal has discretion to give priority to certain claims and in exceptional circumstances the Tribunal will adjust its priorities and reallocate its resources to determine applications for an urgent inquiry.

The new financial reporting standards are now in place (as at 1 April 2015) for registered charities. Part one of the series summarised the different tiers of the reporting standards, and how to move between tiers. Part two of the series outlined the non-financial information which is required to be included in the reports. This final part summarises the rules for related entities and provides guidance as to when consolidated accounts are required.

An unfortunate fact of life is that people occasionally end up in dispute with one another. Sometimes these can be big, and other times it can be over small amounts or issues. When the latter happens, it is not always economical to engage a lawyer to help resolve the issues and often people are left feeling like there is no remedy. The Disputes Tribunal is aimed at providing access to justice and assisting people in these situations.

The two year transition period prescribed by the Financial Markets Conduct Act 2013 (FMCA) is in full effect with the move away from the old Securities Act 1978 and other relevant legislation, commencing with the introduction of Phase 1 of the FMCA in April 2014. The Financial Markets Authority (FMA) has recently provided advice on the supervision and associated governance responsibilities that form a key part of the FMCA. This article discusses the practical approach that the FMA has recommended be adopted by those responsible for supervisory and governance functions under the FMCA.

From 17 March 2015, the Court, on application by the Commerce Commission, is able to declare terms in some consumer contracts to be unfair. For a term to be found to be ‘unfair’, the Court must be satisfied that the term causes significant imbalance to a party’s rights or obligations, the term is not necessary and will cause detriment (whether financial or otherwise) to a party if it were applied, enforced or relied on. While the Court has the discretion to take into account any matters it thinks relevant, it must take into account the transparency of the term and the contract as a whole.

2014 saw a number of significant changes in New Zealand consumer law. In June, the majority of the provisions of the Fair Trading Amendment came into effect. This article summarises these newly introduced provisions.

The new financial reporting standards are now in place (as at 1 April 2015) for registered charities. Part one of this series summarised the different tiers of the reporting standards, and how to move between tiers. View part one in McCaw Lewis Publications (Articles - Commercial). This part outlines the non-financial information which is required to be included in the reports.

Couples often enter into agreements to contract out of the Property (Relationships) Act to protect assets and separate property. Contracting out agreements are becoming increasingly common among couples who are entering into their second or subsequent relationship. However if not done correctly, couples can find themselves without an enforceable agreement on separation.

Engaging in asset planning often requires a focus on trust and estate law. Such focus means the social security implications of actions and decisions may not be considered, which can lead to unintended consequences. In some instances, where a home has been transferred to a Trust, the question is whether an applicant’s home should remain in the Trust, or be returned to the settlor prior to the application for a rest home subsidy.

The Māori Land Court has the ability to order reasonable access to landlocked Māori land. This article examines the considerations the Court takes into account when determining whether to grant access, what the Court can actually do and how McCaw Lewis can help.

Time is up on your lease – is it simply a matter of handing back the keys? Not quite! This article discusses the obligations on the tenant to reinstate the premises to its pre-lease condition and the potential consequences of not doing so.

This article summarises some recent changes in the law affecting residential construction contracts. The changes – essentially enhanced consumer protection laws – will be of particular interest to those considering building a new home or carrying out renovations to an existing residential property.

Registered charities in New Zealand enjoy a privileged position in that charities are not required to pay tax on income. Despite this privileged position, to date, there have been no minimum standards on the content or the quality of financial standards for charities. From 1 April 2015, new reporting standards come into effect for all registered charities in New Zealand. One of the aims of the new standards is to raise the standards, ensure a level of conformity in reporting, and ensure charities remain accountable to the public. All charities will now need to complete annual reporting which include, completing an annual return, and attaching to that annual return financial statements/performance reports which comply with the new standards.

This article summarises the recent High Court decision of Harding v Institution of Professional Engineers New Zealand Incorporated [2014] NZHC 2251 relating to the collapse of the CTV Building following the February 2011 Christchurch earthquake. Complaints were received by the Institution of Professional Engineers New Zealand (“IPENZ”) regarding Mr Harding’s involvement in the design of the building. This Court decision relates to the validity of the disciplinary procedure initiated by IPENZ in response to those complaints. Jonathan’s expanded version of this article was published in the New Zealand Law Journal in December 2014.