Articles

 

Header Articles

We publish a wide range of useful information on a regular basis.

  • Ashes to Ashes

    December 2018

    De facto relationships and claims after deathThis article follows the article entitled “De facto relationships or friends with benefits?” by Anesha Dhanji in our Spring 2018 Law Report. It represents another case where there was a difference of opinion as to whether ...

  • Elder Abuse

    December 2018

    In past years there have been some shocking cases (Quinn, Heppell, Taylor) of caregiver abuse and neglect by family members which led to jail sentences.Recent examplesA recent Court case of elder abuse is a reminder for those appointed in Enduring Powers ...

  • De-Facto relationships or "Friends with Benefits"?

    September 2018

    Whenever I ask clients when their de-facto relationship commenced, the response is often along the lines of “well we’ve been together for about four years, but we’ve only been living together for just over a year”. I often advise my clients ...

  • Family Trusts

    June 2018

    Family Trusts have been particularly significant since 1993. Anecdotally, it would seem that there are in excess of half a million Family Trusts in New Zealand currently. That is significantly more, per head of population, than for almost every other country. ...

  • Relationship Property after Death

    March 2018

    The survivor needs to consider the optionsPart 8 of the Property (Relationships) Act 1976 (“the Act”) deals with the division of property where a marriage or de facto relationship ends because one of the parties has died.  The surviving spouse or ...

  • The Exception to the Rule

    December 2017

    Equal sharing repugnant to justiceThe majority of our clients are already aware that where a marriage/de facto relationship of long duration comes to an end, relationship property is divided equally between the former spouses/partners. This “equal sharing rule” reflects key principles ...

  • Shifting Sands

    June 2017

    In the leading Property (Relationships) Act case of Clayton v Clayton the Court of Appeal (2015) & Supreme Court (2016) found that Mr Clayton’s powers under a Trust was relationship property, and this meant that Mrs Clayton had a relationship property ...

  • Child Support

    December 2015

    The Child Support Scheme is managed by the Inland Revenue Department (“IRD”) and operates under the Child Support Act 1991 (“the Act”). The Act provides a formula to work out the amount of child support payable.

  • A De-facto relationship - Is it or isn't it?

    March 2014

    Being in a de facto relationship will impact on whether (and to what extent) the Property (Relationships) Act 1976 (“the Act”) applies to you. With that in mind, any couple that is not married or in a civil union, should be ...

THE LAW REPORT

Subscribe to have future issues of our newsletter emailed to you.