In another display of cross-party agreement, the Family Proceedings (Dissolution of Marriage or Civil Union for Family Violence) Amendment Act (Amendment Act) was passed into law in October this year, and will come into force in October 2025.

The purpose of this legislation is to reduce the harm caused by family violence in marriage or civil union relationships. It amends the Family Proceedings Act 1980 to allow for a marriage or civil union to be dissolved where a party in the relationship has been the victim of family violence.

The pros and cons of transferring shares to key employees through an Employee Share Scheme (ESS) need to be carefully weighed because the devil is in the detail.

The Government has announced last week that increases to visa charges will be introduced from 1 October 2024.

The hike in visa fees for some of the most common visa applications will almost double: https://www.immigration.govt.nz/documents/media/immigration-fee-and-levy-table-rates-from-1-october-2024.pdf

It is with great pleasure we announce Brendan Lawler has invited Thomas (TJ) Peterson into partnership.

Thomas first joined Lawler & Co in 2015 as a junior solicitor. After a period of overseas travel in 2017, TJ accepted a role at a mid-sized Auckland CBD firm. During his four years at this firm, he gained experience in property, trusts and asset planning. His calm temperament, analytical skills and relationship-building, were recognised through his promotion to Associate.

Effective from July 1, 2021, the Purchase Price Allocation (PPA) income tax rules hold significant implications for commercial property and business transactions. PPA involves the allocation of the total purchase price among various transaction assets, such as buildings, stock, and plant. These rules now mandate prescribed PPA within agreements, based on market value, to maintain New Zealand's tax base integrity. Although exemptions apply to transactions below certain thresholds, it's advisable to establish agreed PPAs beforehand to prevent potential disputes and ensure compliance. Partner with legal and tax advisors for personalized guidance on navigating these new regulations.

A restrictive covenant is a binding contract that imposes limitations on land use, often extending to subsequent property owners. Resolving issues related to interpretation, modification, or removal of these covenants can be complex and challenging. While seeking agreement for modification can be difficult, legal recourse under the Property Law Act 2007 offers a pathway forward. Grounds for seeking modification or extinguishment include changes in land use, alterations in zoning regulations, or agreement among affected parties. Recent legal precedents, such as the Synlait Milk Limited v New Zealand Industrial Park Limited case, highlight the courts' approach to evaluating substantial injury and neighborhood changes. Compensation may also be a consideration in certain cases, as determined by the courts. Additionally, provisions under the Land Transfer Act 2017 offer alternatives for extinguishing redundant easements. However, navigating these processes requires careful consideration, as court proceedings can be lengthy and costly. Seek experienced legal guidance to assess your options and mitigate risks effectively.

Life's uncertainties can strike at any moment, making it crucial to plan for unforeseen circumstances. An Enduring Power of Attorney (EPA) is a vital document that empowers someone you trust to make decisions on your behalf should you become incapacitated. With an EPA, you, as the donor, appoint an attorney to handle your affairs, whether related to property or personal care and welfare. This document ensures your wishes are upheld, even in challenging times. By specifying your preferences and appointing trusted individuals as attorneys, you can navigate potential incapacitation with peace of mind. Avoid the complexities and costs associated with court intervention by preparing an EPA in advance, safeguarding your interests and sparing your loved ones unnecessary stress during difficult times.