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Articles

The key to living well as we age.

Having strong connections and being social is a key part of improving mental health and well-being in older adults. Keeping in touch can reduce anxiety and stress and increase resilience.  Having strong social connections can help when dealing with life events such as the loss of a loved one or health problems. Staying fit and…

WINZ Rest Home Subsidy

This is a complex and specialist area covering the circumstances in which individuals can qualify for assistance from the government to pay for the not inconsiderable rest home fees that can be involved where a person is living in a rest home or indeed receiving constant hospital care in the hospital wing of a rest…

Don’t leave it too late to make your Will.

Planning for the future isn’t just something to think about later in life—at KT Law, we believe that having a Will is crucial for every adult, no matter their age or current financial situation. As your KiwiSaver balance grows and your assets increase, it’s important to have a plan that ensures your wishes are protected…

Opportunity Lost: What happens if you die without a Will in New Zealand?

Dying without a Will in New Zealand can cause your family quite a headache! Without a will your Estate is divided arbitrarily in accordance with the Administration Act 1969 (“the Act”). You lose the ability to control who should inherit your assets – which are collectively referred to as your Estate. Families often look different…

Why Enduring Powers of Attorney aren’t just for the elderly

When we think about Enduring Powers of Attorney (EPOAs), many assume they’re only necessary later in life. However, at KT Law, we emphasise that EPOAs are crucial for everyone, regardless of age. Life is full of unexpected events that can lead to a sudden loss of mental capacity, making it essential to have an EPOA…

Why it is important to update your will if you have recently separated from your partner – ensuring your kids are provided for in the future.

Separating from your partner will not change the contents of your will unless there is a separation order under the Family Proceedings Act, or an order dissolving your marriage from the Court. On the dissolution of your marriage, your will remains in force, but will be interpreted as if your former spouse had predeceased you….

Wills becoming invalid on marriage.

If you made a Will prior to your marriage taking place, you will need to check the contents with us to see if your will is still valid, or if a new one will be needed. The standard procedure is that any will made prior to the advent of a new marriage or civil union,…

The Incorporated Societies Regulations 2023 (Incorporated Societies Act 2022) are now in force.

The Incorporated Societies Regulations 2023 (Incorporated Societies Act 2022) are now in force. All existing incorporated societies have until 5 April 2026 to re-register, after which they will cease to exist. What do the Regulations affect? The new regulations are relevant to all existing societies incorporated under the 1908 Act who wish to remain an…

Changes to the Bright-line Property Rule

For many decades the backbone to a kiwi family’s retirement plan was to own a rental property or properties. In some cases, the properties have been bought with no money down, having leveraged again equity in their own homes. For the last decade or so, successive Governments have had political pressure applied to make housing…

WINZ Rest Home Subsidies

This is a complex and specialist area covering the circumstances in which individuals can qualify for assistance from the government to pay for the not inconsiderable rest home fees that can be involved where a person is living in a rest home or indeed receiving constant hospital care in the hospital wing of a rest…

What’s love got to do with it?

The late Tina Turner famously asked this question while recording her fifth studio album in 1984. Unfortunately for Mrs Turner, she didn’t have a lawyer with her in the studio at the time of recording to let her know that when it comes to protecting your assets, love can have a lot to do with…

Inheritances and Relationship Property

Inheritances and Relationship Property Have you inherited some money or you are about to? Should an inheritance be shared with your Partner or kept separate? If you are in a relationship and inherit money, you need to consider whether you want it to become relationship property, or whether you want to recover it in the…

Care of Children

Care of Children When parents or guardians of a child separate, one of the most important issues to work through is how you will arrange the care of your child. Are you to have an equal share of the day-to-day care or will one of you have the child most of the time? It is…

Frequently Asked Questions About Contracting Out Agreements

Frequently Asked Questions About Contracting Out Agreements What is a Contracting Out Agreement? A contracting out agreement can also be known as a Relationship Property Agreement and sometimes referred to as a “pre-nup”. The agreement can cover as much or as little as the couple wish. It can include the family home (even if this…

Property Investments – The Beginners Guide

Investing in real estate can be among the most rewarding and safe investments.  It can be an excellent way to create wealth. Like any investment, doing your “homework” before you take the plunge could save you from an expensive mistake.  More importantly, don’t expect to become an expert overnight. Some of the pitfalls can be:…

Healthy Homes – What you as a Landlord need to know.

The healthy home standards became law on 1 July 2019.   From 1 July 2021, landlords needed to ensure that all rental homes had to comply with the standards within 90 days of any new or renewed tenancy.  By 1 July 2024, all rental homes must comply with the standards regardless of when a tenancy…

My Home ….My Workplace?

Working from home has proven to be popular for some. With modern technology and the desire for flexible working conditions, it has been increasingly more common for employers to allow employees to work from home on occasion. Employers need to remember their obligations to staff remain the same, even while working remotely. Under the Health…

What Is The Difference Between A Permanent, Fixed-Term Or Casual Employee In New Zealand?

There are several types of employment in New Zealand with the main ones being permanent (full- time or part-time, fixed term (full-time or part-time) or casual. Permanent (either full-time & part-time) This is the most common type of employee. Permanent employees have a full set of employment rights and responsibilities. Employees must meet certain criteria…

The Difference Between A Trial Period And A Probationary Period

Trial and probationary periods can be used to make sure that an employee can do the job. These must be agreed in the employment agreement. A probationary period cannot be applied after a trial period. These shouldn’t be used instead of a proper recruitment process. Trial periods and probationary periods are used for similar reasons…

No Longer Time To Soldier On…..

With the COVID-19 pandemic there has been shift in thinking about how we treat those coming to work when they are sick. More people are working from home while sick rather than taking sick leave. Findings in the fifth Workplace Wellness Report by Southern Cross and Business New Zealand show that close to 90% of…

New Zealand Wills Month – Making Wills Easy

September is New Zealand Wills month and is a good reminder of the importance of having a Will and keeping it current. A Will gives you peace of mind and knowing that the people and the causes that matter to you will be taken care of when you have gone. As far as you and…

When Should You Review Your Will?

You should review your Will:  At least every five years  After the birth of your children  After the death of a family member  After a significant change to the situation of a family member e.g., a permanent disability  On separation or dissolution of marriage  If an executor dies or…

What Happens If You Don’t Have a Will?

Don’t be one of the around 1,500 people a year who die in New Zealand without a Will. If you don’t have a Will then your assets may not pass to your family members, other individuals, or charities as you wish. If you die without a Will (known as dying “intestate”) then the Administration Act…

Having a Trust & Being a Trustee Can be Complex & Take Time to Manage

Trust Administration Service A trust can be a valuable way of protecting assets held for the benefit of others.  Kannangara Thomson recognises that clients may need help with meeting their trust obligations and with the duties of being a trustee. Duties and obligations for trustees are increasing and it can be difficult to keep up…

What You Need to Know About the Trusts Act 2019

What You Need to Know About the Trusts Act 2019 The Trusts Act 2019 came into force on 30 January 2021.  It replaces the Trustee Act 1956 and applies to all existing and future trusts in New Zealand. The Act is intended to make trust law simpler, more transparent, and more accessible to the general…

Family Trusts & Asset Protection

No matter what your financial worth is, a lot of hard work has gone into building your asset base (big or small).  There is an element of risk behind every major personal or financial decision that you make, for example beginning a relationship, starting a business, or buying a house. This is a time to…

Occupation Right Agreements

Retirement Lifestyle villages have a number of different ways that they grant rights of occupation of property to their residents. These are all bound by some government restrictions. Most villages use Occupation Right Agreements. It is important to understand what you are entering into and the specialist elder law Team at Kannangara Thomson can assist…

WINZ Rest Home Subsidies

This is a complex and specialist area covering the circumstances in which individuals can qualify for assistance from the government to pay for the not inconsiderable rest home fees that can be involved where a person is living in a rest home or indeed receiving constant hospital care in the hospital wing of a rest…

What are Enduring Powers of Attorney?

Have you wondered what happens when you can no longer manage your affairs? The Protection of Personal and Property Rights Act 1988 allows you to appoint people you trust to manage your affairs under Enduring Powers of Attorney. These documents come in two forms, one for personal care and welfare and the second for property…

Changes to the Credit Contract and Consumer Finance Act 2003

On 1 December 2021, major changes to the Credit Contract and Consumer Finance Act 2003 (CCCFA) came into force. The changes introduced a raft of new requirements for lenders, which has resulted in a significantly longer and more complex application process for potential borrowers. These changes apply to all applications for consumer credit, including home…

2021 Resident Visa – One-Off Residence Pathway

The New Zealand Government has announced a new one-off residence category, the 2021 Resident Visa. This will enable a large number of work visa holders to remain in New Zealand permanently. The Visa has been created to recognise the contribution migrants have made to New Zealand during COVID-19 and the uncertainly they have faced with closed…

Meet our Founding Partner Stephen Kannangara (now retired)

Stephen Kannangara was one of the founding partners of Cherry Kannangara, now known as Kannangara Thomson. Originally led by Stephen, the team at Kannangara Thomson has drawn on life experiences gained from all corners of the globe with the unique personal histories forming a rich tapestry of wisdom, intelligence and practical thinking. Stephen is of…

When Do I Get The Keys?!

The most common question a purchaser’s solicitor gets asked is “what time will settlement happen and when can we get the keys to our new home?” What you need to be aware of is that there are certain things which need to happen before settlement can occur and more often than not, any delay is…

Final Inspections… Do You Know Your Rights?

If you are buying a home one of the things you should know is that you are entitled as of right to reinspect the home on one occasion prior to possession. The purpose of this inspection is to ensure that you are still getting exactly what you contracted to buy and that there have been…

Why Do I Need a Building Report?

When you buy a home it is likely to be the single biggest investment which you make in your life time for most people. For that reason many buyers choose to have a condition inserted in the agreement for their own protection which allows them to obtain a building inspection report on the property they…

What are Form and Content Clauses?

If you are buying a home you can usually expect a number of further terms or conditions to be inserted into the contract for your protection. This will typically include conditions relating to finance, a land information memorandum and a building inspection report and if buying in post-earthquake Canterbury, an insurance condition and a clause…

Why Should I Pay for a LIM?

Buying a home is the largest investment most of us will make in our lifetimes. There is no substitute for sound legal advice from an experienced conveyancing lawyer at the time of your purchase. In post-earthquake Christchurch in particular there is no longer anything such as a “simple conveyance”, if indeed there ever was such…

Buying a Business – 7 Things You Need To Know

Are You Looking at Buying a Business? In this video Brent Selwyn from Kannangara Thomson shares 7 key points to consider when buying a business. 1. Stock Adjustments Clauses 2. Staff 3. Restraint of Trade 4. Tangible Assets vs Non Tangible Assets 5. The Lease 6. Vendor Assistance 7. Franchise Systems Please contact Brent on…

The Role of Your Lawyer in a Property Transaction

THE ROLE OF YOUR LAWYER IN A PROPERTY TRANSACTION New Zealander’s have a love affair with property and during our lifetimes most of us will own property either for our own occupation or as an investment or both. It is a widely held misconception that conveyancing (the legal aspects of transferring ownership) of property is…

7 Things You Need To Know About Making A Will

Brent Selwyn shares a brand a new video on “7 Things You Need To Know About Making A Will”. If you are thinking about getting a Will then watch this video first. If you’d like help with setting up a Will then please contact Brent Selwyn on 03 377 4421. Thanks for watching – Brent.