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trust law changes

Tikanga in the law of Aotearoa New Zealand

February 28 2023

Late last year the Supreme Court quashed Peter Ellis’ multiple 1993 convictions of sexual offending against children who had attended the Christchurch crèche where he was a teacher. His 1994 and 1999 appeals to the Court of Appeal had been unsuccessful. In July 2019, the Supreme Court granted leave to appeal the Court of Appeal decisions giving an extension of time to do so.
However, Mr Ellis died in September 2019 before the Supreme Court heard his case. Usually, an appeal dies with an appellant.

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Gifford Devine - Trusts and succession

Who are the ‘children of the settlors’?

February 28 2023

In the recent case of Re Merona Trustees Ltd, the High Court was asked to determine who the beneficiaries of a trust were as it was not clear who was intended by the phrase the ‘children of the settlors’ that was in the trust deed.

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Gifford-Devine

Who really wants to be a trustee?

February 28 2023

Are you a trustee of a family trust, or considering becoming one? If so, you need to be familiar with the obligations you are taking on when agreeing to act as a trustee. You should also have a clear understanding of the risks that you are exposed to when you agree to act as a trustee.

Read more
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Gifford Devine - Commercial - Business Briefs

Business briefs

February 1 2023

Employment Court rules four Uber drivers are employees; Facial recognition and the Privacy Act: balancing security and individual rights; Cartel conduct: Commerce Commission warns eight freight forwarding companies

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Gifford Devine - Commercial - PPSR

What is the PPSR?

February 1 2023

If you or your business leases or sells goods on credit terms, or if you have lent money to a third party, you should seriously consider registration on the PPSR in order to protect your business or yourself.

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Gifford Devine - Commercial - Letter of Intent

Letter of intent

February 1 2023

A letter of intent, also known as a heads of agreement, is often used by parties before entering into a formal contract. While such a letter can be a useful tool to maintain momentum during a commercial transaction, the document itself has been the centre of many disputes over the years.

We give an overview on why parties may wish to use a letter of intent, and the downsides that could lead to business losses and commercial disappointment.

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Gifford Devine - Seasonal Employer visas

Over the fence

December 14 2022

Increase in Recognised Seasonal Employer visas; Updates to intensive winter grazing requirements; Proposed changes to the dairy and cattle code of welfare

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Gifford Devine - Protecting productive land

Protecting productive land

December 14 2022

Over the next three years, every regional council must map any land that is designated ‘highly productive land’.

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Gifford Devine - Trusts and succession

Trusts and succession

December 14 2022

The Trusts Act 2019 imposes mandatory and default duties on trustees. We give trusties a steer on how to plan for this situation.

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Gifford-Devine-Property Briefs

Property briefs

October 14 2022

Victims of domestic violence can terminate tenancies; Body corporate rules beefed up; Buying a property with unconsented works

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