Building a house can be one of the most exciting projects you’ll ever carry out, but it can also be one of the most stressful. There’s certainly a lot more to it than meets the eye. If you’ve ever built a house before and gone through all the hurdles, you’ll have no doubt learnt a thing or two. The Build Contract sets out the terms and conditions with your builder and it can be long and full of legal jargon. It’s important to get a lawyer to guide you through the document to make sure it’s in your best interests and there are no nasty surprises further down the line. Even the most well drafted build contract will not prevent you from having issues if the builder is not up to scratch however so make sure you do your own due diligence on the builder and you’re certain they are the one for the job.There’s no such thing as a fixed price contractBuild contracts often include wide powers for the builder to pass on any fluctuations in prices or to compensate for adjustments or variations in the build. Build contracts can also include “provisional sums”. These are estimated costs for specific elements of the build where the cost will not be determined until later. The amount you will pay will be the actual cost even if it is above the initial estimate. If you have ever watched Grand Designs, you’ll know builds never go under budget so make sure you have additional funds at the ready for all eventualities. The depositMost building companies will ask you for a deposit at the time you sign the contract. The deposit is usually non-refundable, so you be certain your finance is confirmed. Staged paymentsGenerally, payments are made in stages and the final instalment is paid on issue of CCC or practical completion. Payments should be at appropriate stages of the build. You may need to confirm with your bank (if you are using a bank loan) that they are happy with the timing of each payment. You should review each invoice carefully and make sure you get evidence that the stage you are paying for has been completed to your satisfaction.Building guaranteesThere are building bodies that offer building guarantees like the Master Builders Association. Ideally this will be offered as part of your building contract. These guarantees give you certainty that you will be covered if the builder abandons the project mid build or if structural or material defects appear after completion. Last wordMake sure the terms of the building contract stack up and are right for you. Get legal advice before you sign anything. Reputable building companies want to do a good job, their reputation is on the line, so do your research and get endorsements from others who have built with the company before you.

When it comes to successful co-parenting nothing paves the way better than effective communication. But we know how hard it can be. The benefit to your children though is enormous, so it’s worth investing some time and effort to learn how to communicate better.  Communication is the cornerstone of co-parentingIt’s a joint effort folks, and communication is the glue that holds it all together. As parents, you need to be able to consult each other on important matters and communicate about your children’s routines, achievements, and struggles. Both being on the same page provides stability and a sense of security for your children too.Common traps people fall intoTalking but not really communicating effectively. In other words, you may talk and share information frequently, but still feel like the other person is not hearing what you are saying. This can lead to false assumptions, misunderstandings, and bickering. Having different routines and rules enforced when your children are staying at each other’s house, can cause stress and confusion for the children.Parenting through separationA great first step is to enrol in a Parenting Through Separation course in your area. It’s a free course offered by different providers around New Zealand for parents who are actively separating or have recently separated. The course aims to give you tools to navigate the separation process, resolve disagreements about the children, and strengthen your communication between one another. Communication CounsellingIf you’ve done the Parenting Through Separation course but are still having issues, counselling can be a hugely beneficial way to work further on strengthening your communication. Remember it is for the sake of your children and a counsellor will work with you individually or together in joint sessions to discover where the communication is breaking down and provide you with some tools to help. After separating, if all else fails some parents may need to apply to the Family Court for assistance to resolve disputes regarding care arrangements or other important decisions like where your children are going to live and go to school. Good communication between parents is essential for a child’s well-being so Family Court Judges will often order parents who are engaged in court proceedings to attend communication counselling sessions to improve the effectiveness of communications between you.Remember…One of the most important things you can do for your children after a separation is to work out how to communicate properly as parents. Every co-parenting relationship is different but the one thing they all have in common is that a communication breakdown can damage what is often already a fragile relationship. Just know that there are resources available to help you if you feel like you’re trying to talk but not getting anywhere.

Dreaming of moving into a retirement village but the unknown costs are putting you off? Well, some big changes could be coming for the retirement village industry to make things fairer for all residents.A review of retirement villages took place earlier this year with the aim of striking a balance to safeguard the interests of village residents while still encouraging innovation within the sector.Some common threadsWhile each individual retirement village has its own way of doing things here are some common threads.You must sign an Occupation Right Agreement (ORA) and there’s currently tons of paperwork and legal jargon that can be hard to understand.You will have to pay an entry fee for the right to live in your unit or villa.You won’t receive any capital gains, meaning you won’t benefit from any increase in the value of the property.You will be charged weekly fees to cover rates, insurances, and the upkeep of the facility – and these weekly fees can continue long after you have vacated your unit – in fact there is currently no limit on how long they can continue to bill you!You will be charged a fixed duction fee (also called a deferred management fee). It’s a percentage of the entry fee – around 20-30% and is deducted from the sale of your unit when you move out.You could also be charged for any repairs to heat pumps and white goods.Options to move into care at the facility are confusing and not guaranteed.There is no independent body to hear and deal with a complaint or dispute you may have.Proposal for changeA proposal for change is urging retirement village operators to be more transparent and provide clearer and more comprehensive information about the services they offer, and the financial implications for residents.Here’s some of what’s on the table for operators to consider.The retirement village operator repays the capital within a fixed period of time (e.g. 6 or 12 months).Shares the capital gain with the resident.Pays interest on the entry fee after the unit has been empty for six months.What happens next, you ask?Once the consultation period is over, advice will be given to the new Minister in our newly formed government so stay tuned.

Do you belong to a club or society or help manage one? If so, changes are on the horizon.From 5 October this year, all clubs, residents’ associations, and community organisations that are incorporated under the Incorporated Societies Act will need to re-register under the new Incorporated Societies Act 2022. Don’t panic though, you have until April 2026 to do it.The changes will help improve the governance and running of our clubs and to give members more avenues of action to take if they have a dispute with their club or their club has not done right by them.With 24,000 clubs scattered around the country it’s a mammoth task and we understand it may be daunting. If you need help we have some resources available so get in touch if you need some guidance.You can find out more here.

There’s no denying the boundaries between our work and personal lives have become tangled. We’re on Facebook, LinkedIn, and a whole host of other social media. We give our opinions and comment freely. Everything we do and say online can be shared exponentially. The lines between our professional and personal personas are blurred and sometimes our work and personal lives collide. So, what happens if a problem arises?We’ve all seen cases in the media where well-known people have come unstuck for airing their personal opinions publicly or doing something in their personal lives that brings them into disrepute. When it comes to the law though, there are some key considerations when holding people to account. If there’s a connection to our work and our actions could potentially cause damage to our employer or attract unwanted attention or publicity, disciplinary action could indeed be justified.But there must be a clear relationship between the conduct and the employment. In other words, it’s not so much about where the conduct occurs but rather its impact on an employer’s business and the damage it could cause. Take an incident of a few years ago where someone came to grief outside of the workplace and lost their job as a result. You may recall the case of Guy Hallwright, a senior investment analyst who was convicted of causing grievous bodily harm with reckless disregard after a very public road rage incident in Auckland CBD. Guy drove over another motorist on the way to an appointment he was taking his daughter to after a vehicle altercation took place.Guy’s employer, Forsyth Barr later terminated his employment. The case ended up in the Employment Court.Guy’s actions gave rise to prolific media coverage. His role and employment with Forsyth Barr was highly publicised at the time. The media attention was damaging to Forsyth Barr’s reputation and undermined the public’s confidence in the company. The Employment Court concluded that Guy had brought Forsyth Barr into disrepute and that he had been justifiably dismissed.But it can go both ways. As an employer, before carrying out any disciplinary process, make sure you are not interfering with an employee’s privacy. Be careful how you obtain any personal employee information and only use that information or disclose it, in line with the purposes for which it was obtained.No matter what the case, the question will always be asked, were your actions fair and reasonable in the circumstances?

Here in New Zealand, land covenants are common, and they’re often found in new developments. They can run indefinitely, and they can place significant restrictions on what you can do with a property. Whether you are buying or building on a property make sure you understand what is registered on the title and get clear about all the rules and restrictions that apply. The same goes for selling a property too because you need to understand what the parameters are. The key message then is do your due diligence on the terms.Land covenants usually fall into two categories:Positive covenants that impose an obligation on a property owner to do something and;Restrictive covenants that prevent an owner from doing something to the property.Restrictions can include things like the types of construction materials that you can use, the height and design of your house, garaging and fencing. There can also be restrictions on what you can leave parked in your driveway and what is allowed to be visible from the street – e.g. a clothesline or even solar panels. If you’re building, make sure your builder and architect have a copy of the land covenants before anything gets started, and if you’re unsure about anything, get legal advice. 

Youth - get ready for a blast of summer vibes during these school holidays!Kahu Youth Summer Holiday ProgrammeOur holiday programme lineup is loaded with epic adventures, cool activities, new friends, and fingers crossed, plenty of sunshine! There is something for everyone, activities on offer include: paintball, WildWire, Highlands, hiking, paddleboarding, pickleball, hiking, biking, QT adventures, Kiwi waterpark, kayaking and much, much more.Click this link for our full holiday programme schedule and book now as spots are filling up quick.  Drop-in Sessions at our Youth Centre We are stoked to open up our new Youth Centre for drop-in these school holidays. Located with Paetara Aspiring Central, our youth centre has all the fun stuff like, a cool pool table, air hockey table, creative arts and crafts, music gear, supervised gaming stations and an outdoor chill space. All drop-in sessions are free for youth aged 11yrs+ to come along and hangout and are fully supervised by Youth Workers.  Opening hours during the summer holidays starting Monday 11 December, 2023.Monday to Thursday 12noon - 5:30pmFriday 12noon - 8:00pmWe will be closedTuesday 19 December for our team Christmas party.Friday 22 December through to Sunday 7 January, 2024 for Christmas and New Years. To book into our holiday programme here.For more info check us out here. Or email [email protected] 

The introduction of the Companies (Directors’ Duties) Amendment Act 2023 has some concerned about unintended consequences for directors and their decision-making. There is concern that Directors will now need to consider triple line factors as part of the process of maintaining a company’s reputation and brand equity. Since August, directors are in no doubt that they can consider matters other than profits, giving more weight to environmental, social and governance (ESG) factors when deciding what is in the best interest of their company. If you’re a director that is wondering what to do here, there are some key steps you can take to ensure you are across this:Get ESG factors on your agenda.Understand what risks they pose.Understand how these risks are being managed.Get external advice if needed.Set up a Risk Management Committee if you don’t already have one so you can actively consider and address issues.Document steps taken to identify and access any ESG factors that might affect the business.This change may actually achieve very little in the end as it largely reflects what is already considered by many to be the best corporate practice.

More changes are coming for the Accredited Employer Work Visa (AEWV). From 27 November this year, a maximum continuous stay is being introduced for everyone holding an AEWV.  Increases will be made to the length of the AEWV for workers earning at least the median wage, from 3 years to 5 years. Those in the care workforce sector who are paid at least the level 3 pay rate will also receive a visa extension from 2 years to 3 years.Workers paid at the level 3 pay rate will now have enough time to complete the level 4 qualification and move to the higher pay rate and pathway to residence. If they move to the level 4 pay rate, they will be able to apply for a further AEWV in order to get a maximum continuous stay of 5 years.Workers who are paid at the level 4 pay rate, will also have time to apply for residence after they complete the required 2 years of work experience at the level 4 pay rate.Be aware though, the maximum visa length is not always the same length of time as the maximum continuous stay. What this means is, if the maximum continuous stay is longer for a particular role, further AEWVs can be approved for up to that length.Here’s an example.A bus driver in the transport sector who gets paid below median wage.Your maximum visa length is 3 years.Your maximum continuous stay is 5 years.You can get a 3-year AEWV (the maximum visa length).At the end of 3 years you can apply for a second AEWV, but the visa length can only be up to 2 years. This is because your total maximum continuous stay is 5 years.

The ’bank of mum and dad’ is playing a big role helping children get on the property ladder. Tens of billions of dollars are being loaned by the bank of mum and dad, and it’s now the fifth largest lender in the country, after the big four banks.Contributions towards deposits are the most common, and according to Consumer NZ, three out of five parents do not expect to be paid back either. The legal stuff can get complicated though. What if the relationship fails? Without a contracting-out agreement, any gift would form part of the relationship property and therefore be subject to a 50/50 split. Loan agreements can help put parents in a stronger position. The legal promise of repayment of the loan is there in writing, and interest could be charged too. Trusts can also come in handy. The trust would be the lender and not mum and dad, making it clear the trust would have to be paid back.Going guarantor is another common way parents help their kids get on the property ladder. But what many people don’t realise is going guarantor for someone means that you may not just be covering the cost of the initial loan. You might actually be covering all the guaranteed person’s borrowing. So, if you decide to go down this route, it’s really important you get legal advice first.As a guarantor you don’t necessarily get notified if a borrower defaults either, so you could end up losing your own property and being made to sell it by the bank if things got really bad.The key takeaway here is that if you’re handing over any money to the kids, it’s either a gift or it’s not. If it’s not, make sure you put some legal steps in place to protect your own interests.

Bright-line is a super complex tax on some residential property.The constantly changing landscape of the bright-line rules and the many carve outs means people are increasingly needing to get specialist advice before they sell their property.The rules are complicated and different sets of rules could apply depending on when you purchased.General speaking, the triggers are based on when a property is purchased and when it is sold but under the test not all sales are treated the same.The bright-line rules are strict. They don’t make any allowance for any unexpected changes in personal circumstances.And the goal posts just keep moving.Initially based on a two-year period when first established in 2015, the rules were changed again in 2018 to a five-year period, and then again in 2021 to a 10-year period, with most new-builds remaining at five years. If you sell during this period, you could be liable to pay tax on any capital gain.As a New Zealand tax resident, bright-line also applies to any overseas property you own.There are several exclusions to the bright-line test but the most common is where the property you are selling is your main home. This exclusion can become complicated though if you own multiple houses; if you purchased the land and later built a home on it; or if your property is owned in a trust.The main home exclusion cannot be used if you have already used the exemption twice or more in a two-year period; if there is a regular pattern of buying and selling your main home; or if you haven’t lived in the property for at least 50 percent of the time.A change of government could well bring further changes and the current sentiment of the main parties looks like this:Labour – no changeNational – revert back to two-year testAct – abolish the test altogetherGreen – wealth tax on net assets over $2 million (no comment as yet on bright-line)NZ First – no comment to dateWe’ve said it before, the rules are super complex, so please make sure you get expert advice before you put your property on the market.

Breaking up is hard to do. Whether you've been considering separating for a while or it’s come completely out of the blue, figuring out the next steps can be distressing. There are practical decisions to make. Which one of us is going to move out? Do we need to sell our home? How often will I see the kids? What will happen to my business?You may be hearing stories and getting advice from loved ones who have already gone through it themselves. But each couple is different. What worked for them may not work for you.So let’s look at the different courses of action you can take. 1. Go to courtTurning to the courts is often the first thing that springs to mind when people think about resolving legal disputes. But going to court can be a contentious and costly option, and a lengthy one. Getting your day in court could be a long way off and you have little control over the process or the outcome – the power of decision-making lies with the judge. 2. Make an agreement between yourselvesYou and your partner may be able to work through your issues together without involving lawyers initially. This approach works best though if your separation is amicable and there’s a high level of trust and open communication between the two of you. It’s a good idea though to get a lawyer to formalise the agreement so it’s legally binding and the legal implications of your agreement are properly explained to you. If there is no written agreement you risk a subsequent dispute and court application.3. Negotiation between your lawyersYour lawyers can engage in discussions and negotiations on your behalf. This can be particularly helpful if you don’t feel comfortable speaking with your partner directly. Negotiation usually occurs through emails and letters but sometimes you both attend meetings with your lawyers. 4. MediationMediation can be used instead of, or alongside the other options. Your mediator should be a neutral third party who is there to help facilitate the discussion between you both to help you  reach an agreement. It’s less formal, less expensive, and quicker than going to court. It may not be suitable if there is a significant power imbalance though, or a history of abuse or a lack of understanding of all of the isssues.5. ArbitrationArbitration is a process where an impartial third party called the arbitrator, acts as a private judge. You and your partner present your case and the arbitrator makes a binding decision. Arbitration is typically faster and more flexible than going through the family court. But, like court, it’s relatively adversarial and could lead to a win-lose outcome.6. Collaborative PracticeCollaborative practice is a unique approach that fosters respectful, cooperative problem-solving. In this voluntary process, each of you engage a lawyer who has undertaken collaborative practice training. You, your partner, and your lawyers, work together in a series of meetings to reach an agreement. Other professionals, such as financial experts or child specialists can be brought in to to provide advice and support. How do I decide what’s right for me?Using the right dispute resolution option can help minimise stress, cost, and conflict, and lead to better outcomes for both of you. A family lawyer can help you assess your options and work out which process will work best for you. If your relationship is ending and you need advice on property or parenting, our free online tool can help you start to navigate the process.

The timeframe for sexual harassment personal grievances has been extended to 12 months after new laws were passed. This means that instead of the current 90-day window, employees now have up to 12 months to raise a personal grievance of a sexual harassment nature. The change only applies to sexual harassment claims, but it does apply to all employees – both new and current.You will need to update your employment agreements to reflect this change. All employment agreements must already include a resolution of employment relationship problem clause, but this clause will now need to be updated to refer to the two different timeframes. 12 months for sexual harassment personal grievances90 days for all other personal grievancesFor Employers If you’re an employer, your employment agreement templates need to be updated immediately. If your agreements aren’t up to date, an employee could have grounds to raise a claim beyond the new 12-month timeframe.We recommend you take this as an opportunity to also review your workplace policies. If you need advice or help drafting the agreement, give us a call, we’re here to help.

Last year a Canterbury couple got caught out badly and faced losing almost $23,000 from the sale of their home after their leased solar power system was incorrectly included on the chattel list in their Sale and Purchase Agreement.It’s important to understand what your obligations are before putting your property on the market if you have any leased fixtures. The first step is to get out the paperwork and give your knowledge a bit of a refresh. That should help remind you what terms you signed up to and give you a steer on what you need to do when selling.If you’re selling a property with leased solar panels, you must make sure they’re covered by specific terms in your Sale and Purchase Agreement. There are several options to consider.1. Transfer the lease to the new ownerFirst off check that the lease agreement allows you to transfer the lease. If it does, then you will need to include an assignment of lease clause in the sale and purchase agreement and get the solar providers acceptance of the assignment. This is usually the best option as you are then transferring the system and the requirements on to the new owner.2. Pay out the Lease and take over full ownershipChecking that this is possible is the first step down this path. The paperwork you signed when the system was put in may tell you if this is an option for you. Alternatively, a conversation with the provider should also let you know if this is possible and what the cost would be. If this option is chosen, then you can pay out the lease and take over ownership. The system is then included as a fixture / chattel in any sale agreement.3. Take the solar system with you to another propertyTaking the solar system with you will need full disclosure to any buyer as well as the agreement from the solar provider. You will need a clear clause in your sale and purchase agreement allowing you to take it with you and ensuring that any damage in removing it is sorted out before settlement. The key thing here is to make sure the solar panels are clearly excluded from the chattels list, and that everyone is in agreement with what you are doing.4. Remove the solar system from the property If you decide on this option, then the work needs to be done before settlement and any sale contract needs to provide enough time for that to happen. You also need to make sure it is crystal clear that the solar system is not included in the sale, and that the lease with the provider is cancelled when the system is removed.Figuring out what options are possible, and what is the best for your situation should be part of the work to get your property ready for sale. Don’t leave it to the last minute. Download our ‘Countdown for home selling’ to help guide you.

Tiny homes. Tiny homes. Tiny homes. There’s been a lot of talk about them lately. Tiny homes have become a very popular option in recent years but purchasing a tiny house is not without its quirks.A tiny home that is constructed off-site is different to building a house on your own land.  It’s not a fixture on the land so the transfer of ownership happens differently. If you’re thinking of going down that route, there are some things you should do to protect yourself.Check the company out thoroughly and do your due diligence:Has there been any history of insolvency? Check the Personal Property Securities Register (PPSR) to see what security interest has been registered over the builder’s assets and confirm that no security could extend to the house that is being constructed.Are payments you are being asked to make secure, or are you paying in advance for an item you don’t own?  Ideally make sure the contract establishes your claim to ownership of the house while it is being constructed off-site, or gives you are security over what is being built.Check your funding requirements to make sure you can access the money you need when you need to.Check to see if the build is covered by a solid warranty to protect you from any loss of deposit/instalments paid, or any defects in construction.Make sure you have the right consent to allow the tiny home to be installed on the property you want.  That might mean you need to obtain consent under land covenants, resource consent and deal with building consent quirks also.Tiny homes can be a great option but don’t think just because they’re small you can cut corners on the due diligence process. Use our free checklist.

Traditionally, us Kiwis are big on trusts. It has previously been estimated that there are around 300,000 to 500,000 trusts in existence around the country. Over the last few years, we’ve seen a big increase in compliance costs and disclosure obligations for trusts, making managing a trust today much more complicated and costly than it has ever been before. So, are we falling out of love with the family trust? Trusts can be beneficial for many people and some of the benefits can outweigh the cost and inconvenience.A trust can give a sound level of asset protection against liability risks; a means of protecting family assets for future generations; and a flexibility for the distribution of capital and income to beneficiaries of the trust.If these benefits are of no use to you though, it may be time to reconsider your trust. Winding up your trust carries with it specific obligations and legal requirements and could have tax implications. So, review all the options carefully and make sure you have a good understanding of what it means for you before you take action. One size certainly does not fit all. A trust, used and managed properly, can be a valuable tool, so the good old fashioned Kiwi family trust is likely to be here for many more years to come. Take our WOF test to find out how well your trust is being managed. 

Having a trust today comes with big responsibilities and obligations. The Trusts Act 2019 brought with it new disclosure requirements and trustees must now file IRD documents and financial returns within certain timeframes. Constant law changes and increasing compliance costs also make managing a trust much harder than before, but managing your trust properly is critical to ensure the benefits remain in place the way you intended them. Understanding the Act and knowing how that fits in with the trust deed can be confusing and frustrating. So, we’ve developed a trust management service to navigate the trust management maze for you. Costs and fees will depend on the type of trust you have and the assets in it but here are some broad examples.Trust owns a residential home only (and where the beneficiaries live).Trust owns a residential home where the beneficiaries live as well as a second property like a rental or bach.Trust owns an investment portfolio, shares in a private company, a residential home where beneficiaries live, and a second property.To find out more about how our trust management service can help you or to sign up go to aspiringlaw.co.nz/TMS

Another public holiday is about to fall and many of us will get to enjoy a day off for the King’s Birthday on 5 June. If you’re an employer, don’t come unstuck over failing to pay your workers correctly.Each year we Kiwis enjoy 12 public holidays – 11 national, plus one for our region. If one of these days falls on a Saturday or Sunday, it gets ‘Mondayised’ or in some cases ‘Tuesdayised’.How you are or are not paid for public holidays depends on a couple of different factors.Here’s how the rules work.There’s still plenty more public holidays to go so here’s a list of what we’ve got to look forward to for the rest of 2023!

You may have heard in the budget last week that the trustee tax rate is rising from 33% to 39% from 1 April 2024.Although this may be concerning for some, it’s worthwhile remembering that many trusts don’t earn income, so they are not affected by the proposed tax rate change. They simply don’t have any income to tax. Many trusts distribute their income to beneficiaries each year and pay tax at that level. So, it’s only those trusts that took advantage of the lower tax rate for trustees to keep income in the trust, pay tax there, and distribute it later, that will be affected by this change.Business risk/creditor protection is usually the key motivation for holding assets in a trust and you can rest assured that the Government’s proposed change to the trustee tax rate won’t affect those benefits.If you’re concerned about what this means for you, get in touch with our Trust team. We’re here to help you.When was the last time you took your trust for a Warrant of Fitness? Give our free online ‘Trust WOF’ test a go and see who your trust fares!Steph Gifford, Senior Associate.