Publication: Legal Updates

The recent (May 2023) budget announcement from the Government included an increase in the trustee tax rate from 33% to 39% with effect from 1 April 2024. This may have left many New Zealanders who have a trust somewhat concerned with the increase in the rate of tax on income that is generated by the trust and retained by the trustees. Although it was not surprising that the increase has taken place in order to match the increase in personal ...

Tiny or modular homes have become popular in New Zealand in recent times. This is not surprising. Housing affordability and constraints on the building sector have proved challenging to many would-be home buyers. The tiny home option offers an affordable alternative with a simple building and consents package. It also appeals to those looking at retirement or a lifestyle change.Unfortunately, the problem with tiny home providers is their tendency to go broke, leaving buyers out of pocket with no home.The ...

A real estate listing or agency agreement will be familiar to many. It authorises a licensed real estate agent to act on behalf of a client in undertaking a sale or lease of property, and sets out the scope of the agent’s authority to do so in exchange for a fee in the form of a commission. As many will also know, most agency agreements include an obligation to pay commission where the purchaser or lessee was first introduced by ...

Shared driveways providing access via a right of way easement are a common feature in residential suburbs and in commercial and industrial areas all over New Zealand. The High Court recently confirmed the legal principles and tests applicable to the interpretation of right of way easements in Fuge v Wimax New Zealand Limited [2022] NZHC 1121.The case related to a dispute between the Fuges and Wimax over structures (retaining walls etc.) placed within the easement area that did not directly obstruct ...