Although brought in with the best of intentions, the Accredited Employer Work Visa (AEWV) has created a few more hurdles for Kiwi businesses wanting to hire migrant workers. Designed to bring in overseas workers where there is a genuine skill shortage (so businesses will hire Kiwis first) and combat migrant exploitation, the new AEWV has placed the administrative burden firmly at Kiwi businesses’ feet. Filling seasonal roles in hot spots like Wanaka can be hard, so if you’re looking to hire migrant workers as tourism ramps up again with our Aussie counterparts and other international visitors returning, getting the AEWV application process underway early on is vital. There are five key steps to getting an AEWV:1. Getting accreditedThere are different types of accreditation and the one suitable for your organisation will take some careful consideration.  Your initial accreditation will be valid for 12 months and will need to be renewed if you want to continue employing migrant workers. 2. Advertising your positionsMost employers are required to advertise the position in New Zealand for two weeks to show that the role cannot be filled by a Kiwi, unless one of these situations applies to you: the position will be paid twice the New Zealand median wage (currently $27 an hour); orthe role is on the Immigration New Zealand (INZ) Green list.3. Applying for the job checkIf your advertising does not produce any suitable New Zealand candidates, you can apply for the job check. To do this you must provide INZ with:an intended employment agreement;a job description; andevidence that you advertised the position in New ZealandIf your job check is approved, you will be issued with a unique ‘Job Check Token’ to give to the migrant worker you’re intending to hire.4. Migrant worker applies for the migrant checkThe migrant worker is responsible for this next step. They need to use the ‘Job Check Token’ to apply for their visa. INZ will then carry out an assessment to determine their suitability to work in New Zealand by checking their:character;health;qualifications and experience; andwhether the offer of employment is consistent with the approved job check. 5. Complying with the accredited employer (and employee) standards.Once the migrant worker arrives in New Zealand, as their employer you must assist them with settling in – this includes providing information about working and living here in New Zealand.Employment NZ has put together modules that must be completed by you as the employer, and the migrant worker as the new employee, within the first month of their employment with you. It’s important to remember that if you’re hiring migrant workers on an AEWV, you must pay the median wage – this is currently $27 per hour, although there are some exceptions to this for certain sectors.The process is not without its hurdles, so if you need some guidance or an employment agreement drafted for your job check, give us call, we’re here to help. 

If you’re purchasing ‘off the plans’ or entering into a ‘turnkey contract’, chances are there will be a sunset clause in your agreement. A sunset clause generally allows cancellation of a contract if the work needed to finalise the contract, such as issuing title or completing a building, is not completed within the specified time frame. Sunset clauses are usually included in agreements and commonly found in those with a long settlement date. They’re usually described as being ‘for the benefit of both parties’. That just means both parties can use the clause to cancel the agreement if the contract isn’t completed before the sunset date.  Sellers will often insert sunset clauses to protect themselves from delays caused during a building or subdivision process. For example, sometimes a consent will not be granted by the consent authority because the application doesn’t comply with the rules, or, a consent is granted but it has terms that makes the development uneconomical. If that happens, the seller can invoke the sunset clause to cancel the sales agreement after the sunset date has passed. That then avoids them being trapped in an agreement that can never actually settle. There have been several cases in the media over the last year where it has been reported developers have invoked sunset clauses to cancel agreements. According to the news articles, the developers have given the cancelled purchaser the option to sign up for the property again but at a higher price. This kind of action is uncommon, and depending on the circumstances, may not stand up to legal scrutiny. The key thing is to assess the risk of any purchase you make by understanding who the developer is, what work needs to be done to complete the contract, and whether the developer has a good reputation and history of getting projects completed. While it may seem risky, and a little nerve-wracking, that a developer can use this sort of clause, it is not common that they do. The reputational damage of cancelling and potentially being seen to be doing something shady, can have a huge impact on a developer’s business. They are therefore generally pretty cautious at invoking these clauses as a result. Sunset clauses can also be drafted to only benefit a buyer. That makes it especially important to check the wording of any clause you are presented with to make sure you understand it. Purchasing off the plans remains an excellent way of getting onto the property ladder or investing but it does pay to understand the paperwork and assess your risk fully at the outset.Each company has its own form of contract. Before you sign anything, get legal advice to ensure it is relevant to your particular situation. These documents need to be very detailed and cover off every possibility.

Life can be like that. You never know just what you’re going to get, so why not be prepared?Ask yourself, what would happen if I’m in an accident and unable to make decisions for myself? Or what would happen if I’m suffering from an illness, lose mental capacity, or need someone to take care of my affairs while I’m overseas? Who would you turn to? The answer is an EPA. An EPA is a personal representative responsible for making decisions during your lifetime, if you can’t. You appoint an attorney under a document known as an EPA to make significant decisions when you are unable to do so for yourself. There are two types of EPAs – personal care and welfare; and property.You can appoint the same or different people to be your attorneys for your welfare and property affairs. The most important thing is that you choose people that you trust to keep your best interests at heart. In doing so, you will need to consult the person to ensure they are happy to be your attorney, and they will need to sign the EPA.  We commonly see spouses or children appointed, but you can appoint anyone of sound mind who is 20 years or older. Your attorney/s must always protect your interests and their job is to act with reasonable care and involve you in the decision-making process as much as possible.  This is how it worksWhen does it apply?From the time you sign the EPA   When you lose mental capacity Option 1) can be useful if you are going overseas or are temporarily unable to deal with finances, e.g., if you are in an accident.Who can you appoint? One or more attorneys One or more successor attorneys if either or both of your first attorneys are unable to act – recommended  Person/s your attorney must consult or provide information to when they act What can they do? Promote and protect your property interestsManage your bank accounts and investmentsPay bills Sell any chattels or properties Keep records of each financial transaction they enter on your behalf What can they not do? Benefit themselves or someone else, unless the EPA specifically authorises it or it is allowed by legislation Not an exhaustive list  Who decides if you lose capacity?‘Losing mental capacity’ is determine when you become incapable of making or communicating your own decisions. You don’t need to worry - your attorney cannot simply decide you have lost your marbles and put you in care. Your attorney must have a medical certificate from a qualified medical practitioner to confirm you no longer have capacity before they can act on your behalf. It is also possible to regain mental capacity after a period of incapacity. For example, if you make a full recovery after a medically induced coma, you can take back control of your own affairs once a medical practitioner has confirmed you have regained capacity. The EPA will simply be suspended in case you ever lose capacity again. An EPA can be changed or cancelled or revoked at any time, provided you have capacity. You will need to give your previous attorney/s notice if this is going to happen. Otherwise your EPA will come to an end when you die and be replaced by your will (or by the legal system if you don’t.) Check out our free online tool to get your EPA in place.

Another holiday programme has come and gone and what a whirl wind it was.A few snowy days may have pumped the brakes on a few activities but the youth still got up to some fun.We kicked off the program with a day up at Cardrona Alpine Resort celebrating all things wahine!The youth rode some awesome snow and even met Cardrona’s GM Laura.The rest of the week the youth gave back to the community by planting native trees with Tekakano, enjoyed a movie marathon at the Crib, and got crafty watercolour painting and making macrame wall hangings.Planting native trees with Tekakano volunteers.The second week was filled with fun starting off slipping and sliding in Alexandra at the curling rink, checking out the Buzzstop in Queenstown, and defending the flag at Cromwell Paintball.We finished off with a festive party celebrating Christmas in July with festive food, and two movies.Thank you to all the businesses that partnered with us, the kids had an incredible time.Stay tuned for October's Holiday Programme coming out at the end of September by following us on Facebook at Kahu Youth Trust or on Instagram at Kahu_Youth_Trust or visiting kahuyouth.org

The Inland Revenue Department (IRD) has introduced new disclosure requirements for domestic trusts that will almost certainly affect all family trusts.The new disclosure requirements apply to all trusts with assessable income over $200. There is a silver lining though, if your trust is considered to be ‘passive’ – a passive trust is one that earns an income of $200 or less in a financial year - it does not have to meet the new disclosure requirements provided, a Non-Active Declaration is made for the Trust. If your trust is in this category, you will need to make sure your accountant fills in a non-active declaration for the trust and files it with the IRD. If you haven’t already had a conversation with your accountant about this, now is the time. Trusts can be used to protect your assets from being at risk because of debts, business liabilities, relationship breakdowns, and to help arrange the distribution of assets to younger family members in the future – but these days, administering a trust can be a complicated business. If you’d like to know more about trusts or how these new disclosure rules affect your trust, get in touch with our Trusts team. Remember, with the increased transparency brought about by the Trusts Act 2019, beneficiaries are now entitled to basic trust information like the trust deed, and it is presumed that trustees will make information available to all the beneficiaries. Trustees are more accountable for their actions than ever before.  We’ve set up a free Trustee Management Self-assessment Tool to help you evaluate how well you’re doing when it comes to administering your trust, and we offer a range of trust management services to help make the running of your trust easier.

On the day youth, as well as representatives from the trust, had an opportunity to meet up with Pip O'Regan from Aspiring Rotary and Nicola Brown from Wānaka Rotary to thank them and take photos with a professional photographer Jeannine Tuffin. The Rotary clubs contributed a whopping $12,000 combined to the project. Other generous funders included Wanaka Golf Club, Otago Community Trust, and The Lion Foundation.It's a big thumbs up from Vera and Sophia (Kahu Youth).Kahu Youth empowers youth of the Upper Clutha to live their best lives by providing youth development programmes, safe spaces, and fun activities and events, so they can connect to their wider community, increase their self-esteem and build their confidence and life skills. Kahu Youth runs many projects throughout a school term and during the holidays. A second van now allows Kahu Youth to meet the demand as access to transport is essential for most youth development programmes. This project means that we will be able to provide more activities and services for more youth in the Upper Clutha region, especially rural areas.For more information about Kahu Youth check out - kahuyouth.orgPhoto credit:Jeannine Tuffin at photosandstories.nz @photosandstories.nz (Facebook)

We were absolutely thrilled with the turnout of over 2000 people, coming together to celebrate Matariki in Wānaka last Saturday (25th June).Paul Tamati MC at the hangi tentHighlights included; fun, free activities for tamariki and rangatahi that represented the 9 stars of Matariki, kapa haka, Māori music and storytelling on the community stage, bonfires by luma, bubble show, fire dancers, hangi which fed 650 people and fireworks! Bubble show by Merle Sea and friendsKahu Youth Trust would like to extend a HUGE thanks to the many people who helped us present this year’s epic Matariki Celebrations! Especially the;dedicated volunteers who helped us put on this event, many who have volunteered at this event for over a decade! performers who lit up our community stage and beach frontvolunteers who shared their knowledge of Māori culture and encouraged learningcommunity supporters who donated their time and expertiseand of course tamariki and rangatahi, for getting involved and bringing joy.Face painting by Upper Clutha Youth CouncilWe couldn’t have done it without you! You have made this year’s celebration so special and one to remember. Marty and Scotty Welsh serve up the hangiTo our community, thank you for coming down to the Dinosaur Park despite the rain and celebrating Māori culture and the New Year with us. fireworks spectacular over the lakeAnd finally, thank you to the Kahu Youth Trust team for rolling up your sleeves and doing the mahi! Anna Sutherland

Cross-leases are probably the most complicated form of property ownership in New Zealand and it can be hard to get your head around it. As a cross-lease holder you are a part owner of every building on the plot of land along with the other leaseholders.Not all cross-leases are the same, so it’s important to get legal advice before purchasing a cross-lease property and if you want to do any renovations or make any changes.Let’s stitch our way now through a scenario where a cross-lease holder wants to make some alterations to their property. Cross-lease holder and property owner:I own a property that’s on a cross lease title. I’m wanting to do some minor renovations to the interior of the house. This is fine, right?Our response:Yeah, maybe, but cross leases aren’t all the same. You would need to check the exact wording of your cross-lease document.Cross-lease holder and property owner:I just want to change some walls and doors and upgrade the electricals, kitchen and bathrooms, replace the window joinery with new aluminium windows, and soundproof and fireproof the whole flat.Our response: Those changes could be considered structural. Your cross lease might say you’ll need the other cross lease owners’ consent for any alterations that are considered structural. The definition of what is structural is pretty wide and would depend if it affected your neighbour’s property.Cross-lease holder and property owner:Wow, I didn’t realise! Do I have to get all the neighbours to consent?Our response: Just the other cross-lease owners. Your lease will tell you if that is all of them or just the majority.Cross-lease holder and property owner:I’ve already spoken to the neighbours about my initial plans and they don’t seem too happy. Do they have to give a good reason for not consenting?Our response: Yes. Did your neighbours say why they were unhappy about the renovations?Cross-lease holder and property owner:Well, the house is two stories and used to be a single dwelling. The renovations I’m doing will mean it can be used as two separate units to rent out. The neighbours weren’t happy about the increased traffic up the driveway.Our response: That’s probably a reasonable argument for not giving consent. Have you considered the extra driveway traffic?Cross-lease holder and property owner:I am currently parking just outside the front door of our flat, but all the other owners have a specific carpark. I can use the driveway for parking, right?Our response: The driveway could be considered common property. This probably means you can’t park on it, even if it is right outside your front door.Cross-lease holder and property owner: How annoying! I’ve already gone ahead and got council consent for all this. I thought I can do anything as long as Council says it’s okay?Our response: It’s not just up to the council, they won’t consider your cross-lease. These rules are just between the cross-lease owners and operate separately to council.Cross-lease holder and property owner: So what do I do now?Our response: Go back to your neighbours for their consent. If you go ahead without their consent, you could be in breach of the cross-lease and the other owners have rights if you do breach the lease.

We have no control over the unpleasant things that happen in life, but we can be one step ahead by preparing for them. Creating an Enduring Power of Attorney (EPA) means that if you’re ever unable to make decisions for yourself - due to accident, illness or loss of mental capacity - someone who you appoint as your attorney will be able to help make those decisions for you.But let’s flip the coin now and consider what it means if someone close to you asks you to be their attorney, to look after their best interests when they are unable to. When does the role start? Being appointed by someone as an attorney is an important role and you need to know what is involved before you agree to it. The role starts when the person who appointed you loses mental capacity - that might happen through illness or accident. Once a certificate of mental incapacity has been issued by a medical practitioner, you’ll be tasked with making decisions about their welfare and property (if you’re managing property, the role might start earlier if that is what they’ve requested).What are the duties?Your main duty is to act in the person’s best interests and make decisions that protect their property, or personal care and welfare. In addition, you should:encourage the person to be involved in the decision-making process as best they cankeep full records of each decision and financial transaction you makeunderstand what the person wants to happen, particularly if there are conflicting views by interested peoplecommunicate decision made with the personWhat else should you know?know and understand your duties and any restrictionsget a copy of the documentsbe mindful of family members and differing family dynamicsbefore accepting, make sure you have the time and ability to carry out the roleActing on behalf of the person is not a free pass to do as you like with their property. The family court can review your actions and cancel your appointment as attorney if they think it’s necessary and the person can also suspend or terminate you by giving you written notice.Final thoughtThe role of an attorney is an honour but with it comes great responsibility. You’ve been entrusted to make important decisions at times when the person is at their most vulnerable. 

Whether you’re getting onto the property ladder or making your way up it, the home buying and selling journey can be stressful. Breaking down the steps can help you navigate the purchase process to make it a little easier. Our practical Home buying Journey guide sets out what you need to know before you sign the purchase agreement to once the offer is accepted; including the milestones before settlement, the day of settlement, and after.Remember to do your homework. A property purchase is usually your largest investment, so it’s worthwhile taking the time to carry out thorough due diligence. Our Due Diligence Checklist will help pave the way.Some of the key things to consider:Who is buying the property? Are you putting it in a trust or purchasing with another party?If purchasing with another party, are you each contributing equally? If you are purchasing with another party but not contributing equally, talk to your lawyer about a property sharing agreement. If you’re a couple, you should also consider a Contracting Out Agreement.How are you funding the purchase?Are you intending to use KiwiSaver? If so, you will need a solicitor to withdraw the funds for you.What conditions has your bank put on the lending?What special features does the property have?What conditions do you need in your sale and purchase agreement?What is your timeline?It may all feel a bit overwhelming to begin with, but we can help you from the get-go. Happy house hunting!

December 2021 saw a massive overhaul of bank lending rules and who banks can lend money to, with banks and other lenders required by law to rigorously assess whether people can afford to borrow or top-up their credit. These rules are now set to be eased by the Government and changes are likely to be in force in June this year.   Many of the lending restrictions do not apply to ‘new-builds’ however. The Government wants to ensure potential buyers continue to support the increase in housing stock by purchasing new-builds off the plans or by building themselves.Currently, buyers only need a 10 percent deposit to purchase a new-build, compared to a 20 percent deposit for an existing property. What’s more, new-builds are exempt from the 10-year brightline tax and changes to interest deductibility rules.What constitutes a new-build today can vary though, depending on what exemptions you’re looking at. But, for our purposes let’s imagine a brand-new house being built on an empty section to be used as a main home.The LandIf you’re looking to build a home, the first thing you need is land to put it on. Make sure you understand, or have someone (preferably a lawyer), explain to you what restrictions may apply to that land. For example:Developers often register ‘land covenants’ on the land that restrict the size and height of the home, how the property can be landscaped, how many carpark spaces you must provide, and a plethora of other things that need to be considered when undertaking your build;Zoning as set out in the local council’s district plan will also determine whether council will grant a resource consent for the land and building consent for the build; andExisting services on the land, for example a stormwater pipe connecting your neighbour to the pipes along the road, may dictate where you can build your home on the land.The Build ContractIn order to build your property, you’ll need to find a builder. If you’re in the trades industry yourself, you may have someone to guide you and do the heavy lifting for you, or you may even be confident managing the build project yourself. For regular folk though, a good place to start is by approaching a well-reputed building company like G J Gardner or Signature Homes.Each building company will have its own processes but be aware, it’s not as simple as just rocking up and signing a fixed-price build contract that you can then take to the bank. You may need to get the land surveyed, have a building consent issued or scheme plans put together. It could in fact be six months of preparation before you even sign the building contract!It’s a good idea to approach the bank a few months before you anticipate signing the build contract, ideally once you have a quote from the builder, so that you know how much money you’ll need to borrow.The LendingBecause there are some additional complexities involved in building a property, the bank will slip a few conditions into its lending approval.Here are a few common conditions to look out for:Progressive draw down: this means the bank will pay for the build in instalments, often upon specified events occurring. For example, 10 percent on laying the foundation, 20 percent when the roof is on, etc.Provisional cost limits: even a fixed-price build contract will have ‘provisional costs’. These are things the builder simply cannot provide a definite quote for, such as flooring, scaffold hire, and retaining. Usually, the bank will limit a build contract to a maximum of 10 percent of the total build cost being provisional.Valuations: banks often require progressive valuations throughout the build, with some banks even including a condition that you must obtain a valuation whenever they ask.Timeframes: the house forms a large part of the bank’s security. Expect to see a deadline in which the build must be complete, usually about 12 months after construction starts.Insurance: your builder will need a builder’s risk insurance policy in place with your banks interest noted as mortgagee.The TakeawaysCommunication is key. Make sure your builder and bank are on the same page, payment schedules in your lending and build contract should align, provisional cost sums are monitored, delays are allowed for, and the appropriate insurance is in place.Be sure to get the right advice. Speak to your lawyer, accountant, and mortgage broker to ensure you are making effective, informed decisions throughout the entire new build process.

Earlier this year, an article in Stuff talked about a couple who were stunned to find that their bank could take half of their home sale profit without consulting them. This must have been frustrating for the couple but highlights a general lack of understanding of how a 'mortgage’ works and some poor communication by people advising the couple.Let’s keep this simple and break down what actually happens when you borrow money from the bank. Once you have your heart set on a house, you trot along to the bank to ask for some money to buy it and once they have done their checking, the bank is usually happy to provide it. We commonly call this funding a 'mortgage’ but we need to clarify what getting a 'mortgage’ means.   The funding arrangement is in two parts. The bank provides you with money to help buy the house in exchange for your promise to make the repayments on the due date, pay the rates and have the house insured, and so on. This is recorded in the loan agreement and is just like any other contract. The bank, however, is wary of your promise and asks for security over the house just in case you don’t pay. This is another document that you sign and is called the 'mortgage’ which is attached to your house and will appear on your Record of Title. Ultimately, the bank can sell the house if you stop paying or breach any of the obligations in the loan agreement. The two components of the financial arrangement with the bank are important to remember as we discuss the different security arrangements the bank can impose. Now, let’s compare two arrangements to help illustrate the different concepts.Those of you who are more senior readers may be more familiar with the concept of a fixed mortgage. In a time when life may have been simpler, and most people just had a family home, you would get your loan and the mortgage would be registered on the title as a first mortgage. If you got a second loan, a second mortgage was registered on your title. So, it might look like this: When you paid back the money, the first loan to be paid back was the $5,000. Once this was repaid, the third mortgage security would be removed. And so on with each mortgage. In this scenario, the loan and mortgage security are connected.However, life is a little more complex these days, and this structure gives little flexibility for people to buy other properties using their existing assets as security. To address this, the banks use an 'all obligations’ mortgage. Banks now look at your assets as one pool, grouping them together as one nest. This illustration may help clarify:Now, let’s say you want to buy a new rental property costing $400,000. You have some cash but need to raise $380,000.00. Because there is little equity in the new rental property, the bank will assess your equity value across all your properties and see there is plenty as your assets total $4.5 million, and the current lending is only $750,000. Happy days!However, this flexibility is a two-way street. If you default on the loan you used to buy the bach, the bank can look at the pool of assets and decide to sell the family home as this property will be a better bet to recover all the money owing as well as the outstanding interest. Remember, your bank doesn’t look at the asset the loan was used for, they only look at the pool of assets and decide which one is best to use for 'all your obligations’ to the bank.The same principle works when you decide to sell a property. The bank will always be monitoring your asset pool and deciding whether you can repay the level of debt, and whether the value of the properties is sufficient for their security purposes.This is what happened with the Dunedin couple. The bank assessed their position at the time the rental property was sold and adjusted their debt levels according to property values and the couple’s personal financial position. The lesson here is to talk with your bank early if you’re thinking of selling a property or changing your personal circumstances. That way, you’ll avoid any surprises further down the track.

The Labour Government is proposing a new social insurance scheme that would provide widespread financial security to workers who lose their job through either redundancy, illness, or disability.More than 100,000 Kiwis are made redundant each year. Under the proposed New Zealand Income Insurance Scheme, people would receive 80 percent of their pre-redundancy earnings for up to seven months.How will this scheme work?The aim of the scheme is to help support people while they search for work that suits their skills, help them retrain, or rehabilitate, so they can go on to find long term positions. To be eligible, workers must be a New Zealand citizen or resident, live here, and have made contributions to the scheme for at least six months.Compensation would be capped at $130,191 per annum, the same as is currently the case with Accident Compensation (ACC). Payments would be funded through a levy on wages and the proposed contribution is 2.77 percent for each employee, to be paid 50/50 by the employee and employer.As any payments would replace the workers' earnings, these are expected to be taxable, and the levy imposed on employers is expected to be tax deductible. So, for employers, this is essentially a tax increase.On top of the levy, employers will need to provide a 'bridging payment' of 80 percent of wages for four weeks. This would be additional to paying out the notice period, contractually agreed redundancy compensation, and any owed holiday leave payments.The scheme would consist of two funds: one for displacement, the other for health conditions and disabilities.The displacement fund would be accessible to people who lose their job on a no-fault, involuntary basis, due to their position becoming redundant. Job loss due to resignation, poor performance, or misconduct would not be included.The health and disability fund would be accessible to those with reduced medical capacity of 50 percent or more, expected to last for at least four weeks.Evidence of incapacity and participation in back-to-work activities would be required. Employers will have an obligation to support the employee to return to work and protect their job if it’s expected they will be able to return within six months.The proposed scheme only covers permanent workers, which means casuals, fixed-termers and independent contractors would be out of luck. This does highlight how increasingly important it is for employers to correctly classify their workers from the outset.The heightened statutory obligations may well discourage employers from providing redundancy compensation in employment agreements. It may also affect the remedies recoverable by employees for unjustified dismissal claims.There is also concern about the inequity of compensation if based off workers pre-redundancy earnings. For example, those on minimum wage would receive 80 percent of their minimum wage income, which may not in fact be sustainable, especially for those in single-income households or with dependents.While the benefits are certainly appealing from an employee perspective, whether the proposal materialises or not, will depend on the economic practicality. At this stage, the scheme is simply a proposal. The initial idea may be implemented in full but, more likely will be in a somewhat diluted form.Consultation on the proposed scheme closes on 26 April 2022, so why not have your say here?

Death is one of those awkward topics that most of us avoid. No one wants to talk about death, but the truth is, the better prepared we are for death, the better it is for those we leave behind. The best way to be prepared, is to get your affairs in order. The first thing to do is make a will and appoint an executor. So just what is an executor and who should you choose?What is an executor?An executor is a personal representative responsible for tidying up your affairs and seeing that your wishes set out in your will are carried out. Anyone of sound mind who is 20 years or older can be appointed as your executor but ideally, it will be someone you trust. Commonly we see children or other close relatives named as executors, but you can also appoint trusted friends, colleagues, or professionals such as lawyers.It's helpful to have at least two executors in case one of them dies before you or is unable to perform the role. Other things to consider when choosing your executor are:Age: you should avoid appointing a person who is likely to die before you – for example, someone elderly.Capability: you want someone comfortable to engage with lawyers and other professional services where needed.Availability: it is beneficial to appoint someone nearby or someone who can easily travel. You can appoint an overseas executor, however, it makes the process longer, more difficult, and expensive.While not required, it is a good idea to let your executor know you are appointing them (and if more than one, who the other executor/s are). You may also like to tell them the name of the law firm that holds your will, so they know where to turn when the time comes.What’s involved?The primary job of your executor is to carry out the terms of your will. Carrying out the terms may include some of the following tasks:Applying for probate (confirmation from the High Court that the executor is authorised to act and the will is valid);Determining what your assets and liabilities are;Selling a property;Paying off any debts;Making funeral arrangements;Carrying out any special wishes such as gifts of significant items;Distributing the residue (the remaining assets) to the beneficiaries of your will; andClosing bank accounts.For many of these tasks, your executor will have the helping hand of a lawyer to guide them through the process. Any costs involved such as fees for valuers, accountants, real estate, lawyers, and other advisors come out of the estate.If any of your beneficiaries are minors, the executor may have to wait until they reach a certain age before they can distribute their share of the estate . During this time your executor must monitor the needs of the minor beneficiaries as they can make payments towards their welfare from the funds if needed. Your executor can look to the will and Trusts Act 2019 for guidance on this.Once the final distribution of the estate has been made and there is nothing left, the job of your executor is complete.No will, no worries?It’s not uncommon for a person to die without a will. In fact, over half of the New Zealand population does not have a will. Without a will, there will be no executor appointed as your personal representative when you die. So, what happens then?Essentially, one of your next of kin will need to put their hand up to be your personal representative. That person must apply to the High Court to be appointed as what is called, your administrator. An administrator has the same role as an executor – to tidy up your affairs and distribute your property. However, as you did not leave a will, you do not get to decide who gets your property. Instead, the Administration Act 1969 has a schedule that determines who the beneficiaries of your estate are depending on your family arrangements.Not having a will can mean your administrator and beneficiaries are not who you would have chosen. The only way to protect your wishes is by recording them in your will. A will, in most circumstances, will give you the freedom to decide who deals with your property and what happens to it when you are gone.It’s important to review your will regularly to make sure it is up to date. The better prepared we all are for death, the easier it is for those we leave behind.

Kahu Youth wrapped up our 2022 Summer Holiday Programme last week with some wickedly hot weather.We had such an amazing summer with the youth creating memories and having fun. Thank you to all of our partners and volunteers for making this year's holiday programme magical. Some highlights of the summer were downhill karting up at Cardrona Alpine Resort, waterski and wakeboard lessons at On Edge Waterski school, making terrariums at Mitre 10 Mega Wanaka, scooping gelato at Black Peak Gelato, playing paintball at Paintball Central and slip and sliding at the Kiwi Water Park. Keep an eye out in April for our Fall Holiday Programme schedule, it will not disappoint. Term 1 is here and Kahu Youth couldn't be more excited. We have some amazing programs happening in the next 11 weeks and would love to have you join us.We have four Adventure Clubs, an after school program that will run for 10 weeks during the term from 3:30pm-5:30pm. Cost is $150 and the youth get to choose what activities they would like to do. It fosters friendship building, team work, and overall fun.Mondays - Tui's (Omnigender)Wednesdays - Hoiho's (Girls Club)Thursdays - Piwakawaka's (Boys Club)Fridays - Kaka's (Boys Club)On Tuesdays we'll have two amazing programs. Korimako being the first. Korimako is an adventure club for our additional needs youth in the Upper Clutha community. This venture is run alongside M!NT and we provide fun ways to engage in the community. Korimako is 4 sessions (Feb 8, 15, 22, Mar 1). Cost is $40.For the last 5 weeks of the term (Tuesday March 8th - Tuesday April 5th from 3:30pm-6pm) is Youth Vs. Wild. Youth Vs. Wild is a five week program loosely influenced by the television show ‘Man vs Wild’ and will conclude with a two day camp. Cost is $120 and covers all of the activities plus the two day camp.On Wednesdays from 4pm-5:30pm we also have Hustle. Hustle is an after school program focused on moving our bodies. We try all types of different sports and activities including mountain biking, gymnastics, paddle boarding, volleyball and zorbing. Cost is $75 for 8 weeks. This includes all activities and kai.Please visit our website www.kahuyouth.org for more information and to register for all programmes. You can find our booking system at https://kahu-youth.class4kids.club. They are likely to fill up quickly so get in before they are gone!

Need to set up a trust, make a will?   For many of us, the start of a new year heralds a fresh start to tackle those things we’ve been meaning to do and haven’t got round to. If making a will or setting up a trust is on your list, there’s no better time to take control and get matters sorted. None of us want our family to have to go through the stress and cost of court proceedings that could be necessary if we don’t have formal documentation in place setting out our wishes. By having a few key documents in place, you can help reduce the stress on your family down the track because they will know what needs to be done when the time comes.Here are some things to consider for your to-do list.An advance care plan This is a written record that includes your wishes, preferences, values, and goals that are relevant to your current and future health care and end of life. Make a will or update your willA will provides certainty about who gets what and sets out firm directions that must be followed by law when someone dies. An enduring power of attorney for property and finance, and an enduring power of attorney for personal care and welfare These documents give legal authority for others to act for you when you are no longer able to make reasonable decisions yourself.Establish a family trust and transfer some or all your personal and/or business assets into the trustThere are many reasons to set up a trust and it can be a valuable tool to protect your assets for future generations. As with all things that sound too good to be true however, there are certain obligations and duties that come with this, and they must be complied with to ensure the integrity of the trust.They say there are only two certainties in life - death and taxes. A trust can help you manage both. All the individual parts work together to form a robust package so you can rest easy knowing you’ve covered all your bases. We have resources on our website to help you get started in our Wills, Trusts & Life Planning section https://aspiringlaw.co.nz/resources

With so much confusion around the new traffic light system, business owners and managers are doing their best to navigate through the new rules to ensure they’re compliant.The new framework, while allowing businesses to operate, has certainly meant a new way of doing things, and it’s paved the way for some big decisions for some.As lawyers, we’re being asked a lot of questions, so we’ve put together a list of FAQs to help bring about more clarity.There are also some useful resources that you might like to check out below. To help employers decide what work requires a vaccinated employee, Worksafe has set out some useful guidelines. Most businesses and organisations must use the My Vaccine Pass system to continue operating during orange and red. The Government’s framework summary provides more clarity for businesses when it comes to accommodation services; close contact services; entertainment, recreation, and exercise; food and beverage services; manufacturing; primary industries; public facilities; retail; services; and transport, freight and logistics.Traffic light system FAQsDo I have to use the My Vaccine Pass system and verify people? Many businesses and organisations must use the My Vaccine Pass system to continue operating in orange and red, and others have chosen to opt into that system.If you are mandated or have chosen to opt in, then you must display posters to let people know they need to show a vaccine pass when they enter your premises. You must sight all My Vaccine Passes and it is strongly recommended that you verify them. The NZ Pass Verifier is the New Zealand Ministry of Health’s official App for scanning and verifying My Vaccine Pass and can be downloaded from Google Play or the App Store. Basic-needs businesses including dairies, supermarkets, pharmacies, petrol stations, health and disability services, public transport, schools and early learning service providers, and housing support services are not permitted to require vaccine passes from customers. Do I have to require my employees to be vaccinated?If your business or organisation is in a sector that is subject to a vaccine mandate order to allow members of the public into your premises, your employees must be vaccinated. Vaccination is also required for those workers in hospitality (unless it is takeaway only); close contact businesses (barbers, hairdressers, beauty parlours, nail salons, non-medical massage etc); entertainment, recreation, and exercise businesses; and healthcare practices (including pharmacies). Useful information on vaccination and employment can be found on the Worksafe website. What do I do if someone refuses to comply with the vaccine pass requirements?If someone refuses to provide their vaccine pass, you can refuse them entry. Plan how you will manage this process safely as refusing entry could cause some customers to become agitated.What do I do if one of my employees has lied about their vaccination status?You will need to follow normal employment procedure practices. Lying about vaccination status could lead to misconduct allegations. Can I ask my employees if they are vaccinated?Employers are allowed to keep a register of employees’ vaccination status if they have reasonable grounds to do so. Employees can refuse to disclose their status, in which case, employers are allowed to assume the employee is unvaccinated - they must inform the employee of this assumption before taking any action.What if my business is subject to the vaccine mandate?If the work being carried out is subject to the vaccine mandate but your employee does not wish to be vaccinated, you can put the employee on paid notice and terminate employment. Seek advice on the exact steps you need to take if you wish to do this. The Government has passed legislation that provides a minimum four-week paid notice period when employees have their employment agreements terminated because they are not vaccinated.What if I can’t afford to have someone on the door checking vaccine passes?Record keeping and scanning is required at all levels of the traffic light system, and you must comply with the new rules if you want to keep operating. If you do not want to use My Vaccine Passes, then you must clearly communicate what settings you are operating under and display any required signage and follow the rules relating to not requiring My Vaccine Passes. How do I calculate how many people I can have in my premises?If My Vaccine Passes are used, most hospitality and close contact businesses can operate with public health requirements if the region is at red. Capacity is restricted to up to 100 people based on 1 metre distancing (or whichever is the lesser) per defined space. This means the maximum number of people who could occupy the space if each person was 1 metre apart. Customers must be seated and separated in bars, cafes, community clubs, nightclubs, and restaurants. Can I hold a staff Christmas event?Some larger companies have chosen not to have staff Christmas parties this year as vaccine passes must be used by everyone to get into bars and restaurants. If you are holding a Christmas party with more than 50 people, and you are inviting partners, all people attending must be vaccinated. You might like to consider whether having to require this will be divisive to your team.What do I have to do if one of my team gets Covid-19?If one of your team is sick with Covid-19 or is required to self-isolate, the first thing you need to do as an employer is look after people, contain Covid-19 and protect public health. Employers should not knowingly allow a worker to come into work if they are sick with Covid-19 or required to self-isolate – to do so would be a breach of your duties under the Health and Safety at Work Act which could result in a prosecution or fine.You may be told by your employee directly or notified by the local Public Health Unit (PHU) and should take the following steps:Inform any Health and Safety Managers in your organisationIsolate spaces that this person may have spent time inEnsure cleaning is undertaken before the spaces are used againFollow PHU advice on communication to employees and customersAssist as required with the contract tracing processSupport any other staff identified as a contact of a confirmed case who needs to self-isolate or stay at homeConsider store or site closure – in conjunction with advice from a PHU officialFollow PHU advice on any additional requirementsYou may be able to apply for the Covid-19 Leave Support Scheme to support your employee.Where do I find accurate information about all these rules and any changes?Business.govt.nz has some useful information on the Covid-19 traffic light system. The framework summary provides more clarity specifically for businesses in accommodation services; close contact services; entertainment/recreation/exercise; events; food and beverage; manufacturing; primary industries; public facilities; retail; services; and transport/freight/logistics.Worksafe.govt.nz also has some good information to help businesses navigate their responsibilities.

Kahu Youth had an epic day at the Northlake Skatejam hosted by Tyler Isherwood, a local skater who wanted to create a fun, community and family friendly skating event as a fundraiser for Kahu Youth! The sunny day attracted families and friends from Wanaka and as far as Christchurch and Queenstown to participate in the many events held. Pump track trials, timed skate sessions and a game of S.K.A.T.E. brought together all ages, showing off their latest and greatest tricks. It was amazing to see generations of skaters laughing and skating together, with participants aged from 3 to 45. Some familiar Kahu Youth faces were spotted in the crowds and competing. Some local Wanaka skaters watching the Mens Open CategoryA HUGE thank you to everyone who got involved and supported at this event, either by volunteering, skating or cheering from the sidelines! All proceeds from the registration fees and sausage sizzle were donated to Kahu Youth, raising over $400. These funds raised will go towards a new van, allowing us to expand our programs within the Upper Clutha community. Check out some of the awesome pictures showcasing the participants that came, skated, and dominated the pavement. Finally, another HUGE thank you to the amazing sponsors for providing epic prizes, this event would not have been the same without your generosity. Sponsors: RAD Skate school, New World Three Parks, Pavement Store Dunedin, Peeps Dunedin, Hire Centre Wanaka, Base Streetwear, Cheapskates Wanaka, Wanakup NZ, Red Star Burger, Cinema Paradiso, Realm and Amigos Wanaka.

Kahu Youth are delighted to introduce Anna Booth, our new Operations Director.  Anna joins the organisation with a wealth of knowledge in the empowerment and delivery of programs for youth, having managed at another charity, Inclusion Foundation for over a decade. Anna started her career in the charity sector starting out in 2009 as a Dance Educator, teaching a small group of kids with Down syndrome. Word spread and classes grew, and the dance program was formalised as a charity called emotion21 (now Inclusion Foundation). During her time at Inclusion Foundation she took on a multitude of roles – often at the same time! As Artistic Director she took great pride in creating meaningful opportunities for those with intellectual disabilities including; International performance tours to India and South Africa, collaborations with the Melbourne Symphony Orchestra, Cira and The Australian Ballet School and new innovative programs to meet the community's needs. More recently as emotion21’s Manager she led the community with care though covid lockdowns, launching virtual classes to allow people with Down Syndrome from across Australia to stay connected and moving. Anna has a Dip. of Leadership and Management.  Anna is a passionate and highly skilled individual that will bring leadership, mentorship, enthusiasm and drive to the Kahu Youth team. We are truly grateful to have Anna onboard at Kahu Youth and can’t wait to see what 2022 brings! Anna can be contacted via [email protected] and looks forward to meeting Kahu Youth's community supporters and partners very soon.