Resource Legislation Amendment Bill Passes Third Reading

Almost 18 months after its introduction to the House, the Resource Legislation Amendment Bill has passed its third reading.  The wide-reaching Act amends the Resource Management Act 1991 (RMA), the Reserves Act 1977, the Public Works Act 1981, the Conservation Act 1987, the Environmental Protection Authority Act 2011 and the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012.

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Earthquake Strengthening for Unit Title Properties

MBIE has recently announced a review of the Unit Titles Act 2010 and published a discussion document highlighting specific areas to be considered in that review.  We will keep you updated as that review progresses but in the meantime, we highlight another issue of concern that is undermining the stability of unit title management processes.

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Tips for Franchisors Selling Franchises

Selling franchises is not easy.  First you have to find the right franchisee, and when you do you need to make sure that all the right legal boxes are ticked to help ensure that there are no issues in the future.  Here are some tips to help you:

Ensure that they know exactly when payments are required to be made.  If you are a member of the Franchise Association of New Zealand Inc. and you require the franchisee to make a payment prior to the Franchise Agreement being signed then you must make the franchisee aware of (in writing) the purpose of the payment, the terms and conditions governing refund or application of the money and who will be holding the payment.

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New Enduring Powers Of Attorney – What You Need To Know

In December 2016 amendments to the Protection of Personal and Property Rights Act 1998 (“PPPR Act”) were passed by Parliament. These amendments will come into force on 16 March 2017. Among the amendments that have been made are regulations to adopt new forms of the enduring powers of attorney (EPA). From 16 March 2017 these new forms will need to be used. If you have completed an EPA using the old forms but you and/or your attorney have not signed them before 16 March 2017, then these will need to be redone on a new form.

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Beware: Disclosure Rules for Foreign Trusts Have Tightened

In February 2017 the New Zealand Parliament completed its third reading of the Taxation (Business Tax, Exchange of Information and Remedial Matters) Bill which is due to come into law soon. The Bill introduces new laws for the administration of New Zealand foreign trusts.  The reforms are based on the recommendations of the Shewan Inquiry which was set up as a result of the Mossack Fonseca data leak in April 2016 (the ‘Panama Papers’).  The report raised concerns about the need for disclosure rules relating to foreign trusts registered around the world.  The New Zealand Government has decided to enact the new law to ensure New Zealand's reputation is maintained. 

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Why have a Will?

Your will is one of the most important documents you will sign in your life. It has a profound effect on the legacy you will leave your loved ones.

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