Our expertise

Care of children

One of the biggest concerns for parents when they separate is their children. Most parents are able to agree on care arrangements for their children, but sometimes they need assistance from the Family Court.

In July 2005 a new Act was passed which sets out guidelines and procedures for parents seeking assistance with disputes in the Family Court.

The emphasis on the Family Court is to help parents reach agreement where possible through counselling and mediation. It is only in urgent situations where there is a risk to a child’s emotional or physical health or where all avenues for mediated resolution have been explored and failed that a formal hearing is held and a Family Court Judge is asked to make a decision on future care arrangements for a child.

Legally, both parents are joint guardians of their child and entitled to be involved in major decisions affecting the child, including where they live, education, religious upbringing and major medical treatment.

The importance for a child being able to maintain a positive relationship with both parents following a separation is also recognised by the Court and there is a growing trend for care of children following separation to be equally or nearly equally shared. However, the primary focus of the Court remains what is best for the child. The Court is also required to consider the views of the child when making a decision. These are usually ascertained through appointment by the Court of a lawyer for the child, but in some cases the Judge may also wish to meet with the child.

If you have recently separated or are thinking of doing so, contact us for information about your rights and obligations.

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Child Support

Child support is money paid by the parent who does not have the primary care of their child to the parent who has the care of the child for the on-going support and needs of the child.

A parent is liable to pay child support until the child reaches the age of 19 years.

If parents are unable to reach agreement as to the amount payable either parent may make an application with the Child Support Agency for a formula assessment of the child support to be paid. The assessment takes into account such things as the liable parent’s income and the number of dependants.

Even if parents reach a private agreement as to the amount of child support to be paid, either parent can still apply for a formula assessment at any time which overrides any private agreement.

After an assessment has been made on the amount of child support payable, either parent may apply to the Child Support Agency for a review of the assessment if they believe the assessment is unfair because of special circumstances.

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Company Incorporations

Company law covers all aspects of running a company. We can provide legal advice on the following areas of company law:
- Purchasing a business
- Setting up a company
- Incorporation
- Company Constitutions
- Name Reservation
- Leasing premises
- Ownership of company shares
- Employing Staff
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Domestic Violence

Domestic violence is violence against a person by another person with whom they are in a domestic relationship. It can be physical, sexual or psychological.

The types of orders available under the Domestic Violence Act 1995 are Protection Orders, Property Orders and Furniture Orders. A Protection Order names the person who is abusive and states what behaviour is illegal under the order. A Protection Order has standard non-violence and non-contract conditions. These conditions prohibit the person subject to the order from making any form of contact with the protected person. Other applications may be made at the same time are property orders which allow you to have the occupation or tenancy of the home and furniture orders which allow you to keep the furniture for your use or to take it with you if you are going somewhere else to live.

We can apply to the Family Court for these orders and assist you through the procedure. We are legal aid providers should you be entitled to legal aid assistance.

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Employment Law

Employment law entails the rights and obligations of employees and employers.
We provide legal advice and solutions in the following areas of employment law:
- Employment Contracts and Negotiations
- Unjustified dismissals
- Constructive dismissals
- Personal Grievances
- Redundancy
- Exit negotiations
- Restraint of Trade
- Sexual harassment
- Racial discrimination
- Mediations
- Appearances at the Employment Relations Authority and Court
We advise and provide employers with appropriate employment contracts at the beginning of an employment relationship. We assist new employees in providing independent legal advice on employment contracts from prospective employers. We assist both employees and employers with any employment disputes arising out of an employment relationship. We provide representation at mediation, with the Employment Relations Authority and in the Employment Court.
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Family Protection

The Family Protection Act 1955 permits certain people to make a claim against a deceased’s estate for maintenance and support where the deceased’s Will, or the intestacy ruled, do not provide adequately for them.

If you are the spouse, partner, parent, child, grandchild or step-child of a person who has died, then you may have a claim against their estate under the Family Protection Act. Claims under the Family Protection Act are subject to specific time limits and it is important to comply with them. In addition, if notice of a claim is given, then under the Administration Act time starts to run from the date of that notice. It is very important that time limits in relation to the claim be complied with, failing which the estate can be distributed. The Act is principally aimed at helping family members who have been unfairly left out of a Will.

We can assist potential family claimants to make applications to the court and also provide assistance for clients when making Wills on the implications of this Act.

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Family Trusts

If a family trust is properly established and maintained it should provide the most comprehensive form of asset protection available.
What is a Trust?

A trust is a the legal relationship created when a person (the settler) places assets under the control of another person (the trustee) for the benefit of some other person or people (the beneficiaries) or for a specified purpose.

The settler may also be a trustee and/or one of the beneficiaries.

The assets transferred to the trustees become their property which they hold on trust for the beneficiaries. While they are nominal owners of the trust property the trustees have a legal obligation to deal with the property in the manner set out in the trust deed.

A family trust is one where the settler and/or family members are amongst the beneficiaries. The trustees have the discretion to apply the income and capital to the discretionary beneficiaries. The most common asset transferred to a family trust is the home, but other assets including holiday homes, investments and company shares are often held by the trust.

Why have a Trust?

The most common reasons to have a trust are:
- Protection against asset testing, particularly for those who need long-term residential care
- Creditor protection
- Protection against claims under the Property (Relationships) Act
- Providing for the special needs of others
- Protecting property for the next generation for children and grandchildren
- Protection against possible claims against an estate under the Family
- Protection Act
- Income spreading and tax advantage
The Importance of Properly Establishing a Trust

The settler of a trust should not treat the property placed into the trust as their own or it could be declared invalid. However, in most cases the wishes of the settler will determine how the trust assets are dealt with. For this reason it is sensible for there to be an independent trustee of the trust. This could be a professional person or a friend who is not a beneficiary.

Provided it is properly established and properly administered, a family trust provides the most comprehensive form of asset protection available.
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Hague Convention

Child Abduction

If you have reason to believe that your child is about to be taken from New Zealand you may apply to the family court for an order preventing the child’s removal from New Zealand.

To succeed in obtaining an order you will need to show the court that the other parent has given you reason to believe he/she intends on taking the child out of New Zealand and that it would be in breach of a Custody Order (now called a Parenting Order) that provides for the child to be in your day to day care.

If you do not have an order providing that the child is in your day to day care you may apply for such an order at the time of applying for the order preventing the child’s removal from New Zealand.

Hague Convention

If your child has already been removed from New Zealand you should contact the New Zealand Central Authority for assistance in making an application for your child to be returned to New Zealand.

The Hague Convention is an international treaty that aims to ensure children who have been abducted, or wrongfully retained, will be returned to their country of habitual residence.

The Hague Convention assumes that the country in which the child is habitually resident is best able to make decisions about the care arrangements for the child.

Not all countries are member states of the Hague Convention. If your child has been abducted, or wrongfully retained in a country that is not a member of the Hague Convention you may still be able to apply for the child to be returned to New Zealand. As different laws would apply you might need to employ a solicitor in the overseas country to assist you.

If you are seeking the return of your child it is important that you take action immediately after you discover the child has been abducted or wrongfully retained in another country.

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Relationship Property

The Property (Relatonships) Act 1976 sets out the property division rights for married and de facto couples on separation and death.
The Act applies to:
- Married couples regardless of how long they have been married
- De facto couples if the relationship has been in existence for at least three years and did not end before 1 February 2002
The Act imposes equal sharing of all relationship property (i.e. property acquired by either spouse or partner during the marriage or relationship) unless there are extraordinary circumstances.

We provide legal advice:
- If you are contemplating marriage or de facto relationship we can provide you with a contracting out agreement which details your own arrangements for dividing property when you separate
- If you are contemplating separation we can assist on providing advice on property division and other related matters
- If your spouse or partner dies we can provide advice on whether you should take what you have been left in their will or apply to the court for a half share of the property
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Residential and Commercial Property Transactions

Whether you are buying or selling a home or business, various legal steps must be taken during the conveyancing process.
We are able to help make the process easier for you by:
- Perusing the sale and purchase agreement prior to you signing
- Assisting with pre-settlement matters, like obtaining a search of the relevant title; monitoring the agreement conditions; helping you obtain a LIM report from the council which will show any outstanding permits or restrictions with respect to the property
- Assisting with preparation/discharge of mortgages and finalising settlement on your behalf
We can provide you with sound legal advice from a team with more than 40 years combined experience in property law including conveyancing, leases, family trusts and wills.

If you would like further information, please do not hesitate to contact us.
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Wills and powers of attorney

Wills and Enduring Powers of Attorney are important documents which every adult should have.
What is a Will?

A will is a legal document which sets out how you would like your assets to be distributed after your death. It may also include directions such as specific burial requests or the appointment of a guardian for any children. Anyone18 years and older can make a will.

Why have a Will?

If you own assets and die without a will the Court will appoint a person or institution to be your representative and the property will be distributed according to rules laid down by the law. This may result in people receiving your property who you may not have wanted to. It often also results in uncertainty and distress for those people you may have wished to protect.

Is it important to have legal advice before making a Will?

In the majority of cases, yes. Certain formalities must be followed for a Will to be legally binding. In some cases, there is a possibility that the terms of a Will can be challenged after death. Areas which you should consider and take advice on are:
- Whether anyone could challenge your Will after your death
- The effect of a marriage or de facto relationship on your Will
- Protecting your children’s inheritance in the event of a second marriage or relationship
- How you ensure personal items go to a particular person
- Providing a life interest to a particular person with the property in question to ultimately pass to another person
- Whether you should you have a Trust
What is an Enduring Power of Attorney?

An enduring power of attorney enables you to appoint someone to manage your own affairs if for some reason you are unable to do so.

There are two types of enduring power of attorney:
- A power of attorney in relation to your property
- A power of attorney in relation to your personal care and welfare
A Property Enduring Power of Attorney allows you to appoint someone else, provided they are over the age of 20, to act on your behalf in relation to either all your property or just part of your property. You may appoint more than one person to be your property attorney and can limit the control they have over your assets if you wish.

You are able to make an enduring power of attorney in relation to property which comes into effect immediately, at a given time in the future or only if you become mentally incapable.

A Personal Care and Welfare Enduring Power of Attorney allows you to appoint someone to make decisions about how you are cared for if you are mentally unable to look after yourself because of serious illness or accident.

You may only appoint one personal care and welfare attorney and usually this would be a close family member or friend whom you trust to make the best decisions for you. This power of attorney only comes into effect if you become mentally incapable.

As long as your are mentally capable of doing so you can cancel or change your enduring powers of attorney at any time

Why Have Enduring Powers of Attorney?

Enduring powers of attorney enable you to choose who you would like to be responsible for your assets and to make decisions for your care in the event that you should become mentally incapable. If this were to happen and you did not have powers of attorney the Family Court would appoint persons to do this on your behalf and it may be someone you do not know or someone whom you would not have liked to be entrusted with your affairs. There would also be additional costs to you or your estate.

Property enduring property powers of attorney are also useful if for example you are going to be out of the country and need to entrust someone else to attend to property matters in your absence.
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