If you are appointed as an executor under a Will, a large amount of trust is placed in you. An executor has duties towards the beneficiaries, and beneficiaries have their own rights.  But what about when an executor is also a beneficiary under a Will? How do you balance those two roles?

This article looks at the recently-enacted Local Government (Rating of Whenua Māori) Amendment Act 2021, and what it means for owners and occupiers of Māori land.  We touch on the five key areas of the Act that take positive steps to support the development of Māori land, remove long standing obstacles for engagement and partnership between local authorities and Māori, and equitably modernise the rating system for Māori Land.  

Retirement villages have been in the spotlight recently, with Retirement Commissioner Jane Wrightson calling for an urgent review into the nearly 20-year-old retirement village legislation. In this article we look at some of the key things to be aware of when you are considering moving into a retirement village, and what our team look out for when reviewing a retirement village contact.

Lawyers have duties to their clients under the Property (Relationships) Act 1976 when it comes to certifying Relationship Property Agreements. These duties apply whether the client needs a Contracting Out Agreement (sometimes called a Pre-Nuptial Agreement) or a Separation Agreement. This article outlines what needs to be provided for the Agreement, and why it is vital your lawyer collect this information. 

Many of the environmental issues we now face are consequences of legislation that strived for a better future, but in practice did more damage than good.  Over the coming months we'll be bringing you a series of articles which will look at the background and issues for resource management, and track the ever-developing changes.  Our first article looks at the motivation to change the resource management space, and where things are at in that process.

Land covenants are commonly used in New Zealand to protect a party’s underlying interests in land. The Supreme Court has recently provided guidance for landowners and developers on how the Courts will treat potentially irrelevant covenants, and how they can be extinguished or modified by the Court.

Ensuring you and your significant other are on the same page when it comes to your shared and separate assets gives you both peace of mind. This article outlines how you can make your mutual understanding official with a Contracting Out Agreement. 

The New Zealand Government’s rollout of the COVID-19 vaccination is in full swing.  This article explores how employers can manage the vaccination of employees.

International Women’s Day celebrates the social, economic, cultural and political achievements of women from across the globe. To recognise International Women’s Day 2021, we look to our own shores for inspiration to and discuss how wahine Māori, through the Mana Wāhine Waitangi Tribunal Inquiry, are reshaping and solidifying the narrative with respect to wāhine Māori, through both a historic and contemporary lens.

With the new Trusts Act 2019 now in force, the spotlight is on trustee accountability.  When setting up or becoming involved in a trust, trustee liability and protection of trustees are important considerations.  Should trustees be exposed for decisions made by a trust owned entity, or should they be shielded?  The Trusts Act 2019 imposes default duties on trustees.  This article outlines the new default duties and looks at a case study of an attack on trustees and their successful defence behind a shield contained in the trust deed.

The Residential Tenancies Amendment Act 2020 (RTA) came into force on 11 August 2020 and introduced staggered changes to New Zealand rental laws. The second more substantial set of changes took effect from 11 February 2021. The RTA reforms will substantially change how renting in New Zealand works, and it is crucial that landlords familiarise themselves with the new rules.  In our latest article we summarise of some of the most important changes. 

On 6 February 2021, changes to Te Ture Whenua Māori Act 1993 came into force.  This article provides a summary overview of the changes and what they mean for Māori landowners, trusts and incorporations.

Although it retains the same basic approach as the 1993 Act, the new Privacy Act 2020 introduces some new features and obligations of which all businesses and organisations dealing with personal information in New Zealand need to be aware.

The Trusts Act 2019 provides a long-awaited update to the current trust law in New Zealand and will replace the Trustee Act 1956 on 30 January 2021.  Earlier this year we provided a brief outline of the key changes in the new Act.  This article provides some more information on one of those changes – the new restriction on the indemnity that can be provided to trustees.

Is a will valid when instructions have been given, the will has been prepared, reviewed and approved, but not signed? Although an unsigned document can be a will, recently the Court of Appeal decided an unsigned will was not valid because the circumstances suggested the will-maker did not have capacity and was planning to take another step before signing the will.