Tax, Trustees and Trusts - Things to Consider

Just when you thought you had complied with your mandatory trustee duties under the Trusts Act 2019 – there is more!

Tax reporting obligations

New tax reporting obligations have been introduced for trusts that earn income, with effect from 1 April 2021. The new requirements are included in the Taxation (Income Tax Rate and Other Amendments) Act 2020, which amends the Tax Administration Act 1994. There is also a power for retrospective information gathering, so trustees may need to provide similar information going back as far as the 2014 tax year.

While these obligations only apply to trusts that earn income, a range of different documentation must be provided, which will require timely, complete, and accurate record-keeping. The information that must be provided to the IRD includes:

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A Legal and Voluntary End of Life Choice

The End of Life Choice Act 2019 (“the Act”) will come into force in November 2021. To date it has been the subject of emotive support, criticism, and misinformation. The focus of this article is on the law as it presently stands.

The key points to note are:

• Any decision you make about whether you want to use the Act’s processes, or not, cannot be made in advance.
• A decision cannot be made for you by your family members, or medical staff. This means your wishes on using the processes outlined in the Act, or not, cannot be included in your will, or your advance medical directive / living will.
• The Act cannot be used by people “wanting to turn off your life support” or make medical decisions for you when you cannot make them yourself.

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High Court gives Proposed East-West Link the Green Light

Royal Forest and Bird Protection of New Zealand Inc v New Zealand Transport Agency [2021] NZHC 390

In February 2017, the New Zealand Transport Agency (NZTA) formally notified its proposal to construct, operate and maintain a new four-lane arterial road to connect State Highway 20 in Onehunga with State Highway 1 in Penrose / Mt Wellington -  commonly referred to as the proposed East-West Link (EWL). The land subject to the EWL is ecologically significant, particularly as a habitat for sea birds, and the activity, as a whole, was considered to be non-complying.

A Board appointed by the Ministers for the Environment approved the resource consent applications and Notices of Requirement, but the  decision was appealed by the Royal Forest and Bird Protection Society of New Zealand (RFB) and Ngāti Whātua Ōrakei Whai Maia Limited (Ngāti Whātua) with the support of Te Kawerau Iwi Tribal Authority, (collectively referred to as the Appellants).

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Mana Whenua Influence on Planning Rules

Self Family Trust v Auckland Council [2018] NZRMA 323 (Original Environment Court decision)

Gock v Auckland Council (2019) 21 ELRNZ 1 (High Court decision)

Self Family Trust v Auckland Council [2020] NZEnvC 214 (Second Environment Court decision)

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The Local Electoral (Māori Wards and Māori Constituencies) Amendment Bill

The Local Electoral (Māori Wards and Māori Constituencies) Amendment Bill (the Bill) amends the Local Electoral Act 2001 (the LEA) and brings significant changes for the establishment of Māori wards and constituencies.

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