Since 2008 the witnessing requirements for enduring powers of attorney have been very strict. Due to a potential conflict of interest the law required the donor (the person appointing the attorney) to have their signature witnessed by a lawyer who is independent of the attorney. That meant that a lawyer who acts for both the [...]
In my Blog on trusts tainted by new associated persons rules I discussed one of the outcomes of the amendment to the “associated persons” rules in the Income Tax Act 2007. The main consequence of the amendment is that a person who is a dealer, developer or builder will “taint” persons he or she is [...]
Trespass over land is either a civil offence (a “tort” based on case law – previously known as a “writ of trespass”) or a criminal offence (the elements of which are found in the Trespass Act 1980). Trespass is a possessory right and protects an owner or occupier of land from direct interference, or invasion, of [...]
One of the first things people consider when going into business is the type of entity or structure they would like to use to carry out their business. The business structure is like a vehicle which will take the business through its life cycle from formation to winding up. However, depending on the type of [...]
New laws applying to the finance industry from 1 December this year will have a substantial impact on financial advisers and financial service providers. This legal blog deals with the new obligations on financial services providers. Retailers providing goods on credit terms are financial service providers and therefore need to register as financial service providers [...]
The Animal Welfare Bill has been passed, significantly raising penalties for cruelty to animals. The Animal Welfare Amendment Act increases the maximum sentence for animal ill-treatment and neglect from three to five years and the maximum fine will double to $100,000 for an individual and $500,000 for a body corporate. The Act redefines the description [...]
The Government is considering repealing gift duty. Gift duty is a tax that you must pay when you give away more than $27,000 worth of property in one year. This may be by cash, forgiving a debt, transferring a house or other property to your trust. The original purpose of gift duty was stop people [...]
Quitting your job can be a stressful time. The situation is made worse when your boss is not happy you are leaving and tells you not to come into work, makes your last days at work intolerable or does not want to give you your full and final pay. Both you and your boss must [...]
Your brand is your reputation. It is the way you and other people view you and your business. One aspect of your brand is your trademark. Having a memorable and well managed trade mark is a powerful way to distinguish your business products and services from your competitors. The idea is to create a distinctive [...]
I attended the Whangarei Business Owners Forum last week. The Business Owners Forum was held at the office of Elevate CA in Whangarei and the topic was A Rough Guide to Valuing Your Business. The panel of experts included Whangarei chartered accountant Fraser Hurrell from Elevate CA, Whangarei lawyer Stuart Spicer from Webb Ross, and [...]
