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Clarification of Trust Powers and Relationship Property

The Supreme Court’s recent decision in Cooper v Pinney [2024] NZSC 181 (“Cooper”) has clarified the extent to which trust powers may be considered relationship property under the Property (Relationships) Act 1976 (PRA), refining the scope of its earlier landmark ruling in Clayton v Clayton [2016] NZSC 29 (“Clayton”). THE DIFFERENCES BETWEEN CLAYTON AND COOPER

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Why You Should Always Consult a Lawyer Before Signing a Property Agreement

Buying a property is one of the biggest financial commitments most people will make. In New Zealand, many buyers assume that if they are using the standard ADLS/ Real Estate Institute of New Zealand (REINZ) approved Agreement for Sale and Purchase of Real Estate, they do not need legal advice before signing. However, failing to

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Public Works Act Reforms: What it Means for Landowners

The Government has announced fast-tracked reforms to the Public Works Act (PWA), aiming to speed up compulsory land acquisitions for major infrastructure projects. These changes will significantly impact individual landowners, particularly those affected by Fast-Track approvals projects and Roads of National Significance. KEY CHANGES AFFECTING LANDOWNERS NO MORE OBJECTIONS TO THE ENVIRONMENT COURT Currently, landowners

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Overhanging Trees, Boundary Issues, and Ownership of Fruit: What you Need to know

In New Zealand, trees planted close to property boundaries can lead to disputes, especially when branches overhang or roots encroach into a neighbouring property. Understanding the law governing these situations can help property owners resolve issues amicably and avoid unnecessary conflicts. OWNERSHIP OF OVERHANGING BRANCHES AND FRUIT Legally, the branches, leaves, and fruit of a

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Understanding the Trustee Duties Under New Zealand’s Trusts Act 2019

The Trusts Act 2019 outlines two types of trustee duties: compulsory and default. It’s essential for trustees and beneficiaries to understand these responsibilities to ensure the trust functions as intended and complies with the law. COMPULSORY DUTIES The mandatory duties, which cannot be changed or excluded, are foundational to trust management. They ensure that trustees:

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Merry Christmas and Happy New Year from the Directors and Staff of Magill Earl Limited

Please note that our office will be closed from 3:00pm on Friday the 20th of December 2024 and will re-open at 8:30a.m. on Monday the 13th of January 2025