FAQs

We are available by telephone on (07) 282 0174 from 8.30am to 5pm Monday to Friday; or email at [email protected].

Our director and lawyer profiles can be found at https://www.dtilawyers.co.nz/our-people.

Our main office is at Level 6, 127 Alexandra Street Hamilton. You can also visit our Raglan office by appointment only, at 32 Rangitahi Road Raglan.

When you visit us, metered on-street parking is available outside the DV Bryant Building at 127 Alexandra Street. Car parking buildings are located nearby, accessed from Knox Street, Anglesea Street, Bryce Street (Centreplace) or Sky City off Bryce Street.

We can come to you at your home or place of business if you are unable to visit us.

We offer a wide range of legal services across commercial, property, employment law and private client matters including wills, trusts, estate planning and elder law. You can find more information about our areas of expertise on our website: https://www.dtilawyers.co.nz/expertise. We do not provide criminal law, family law, or general litigation services.

Payment options and our bank account details are set out on your invoice. DTI Lawyers is also a registered payee in online banking, search for "DTI Lawyers Limited - Bill Payments". Please use the invoice number as your payment reference so we can allocate the payment correctly. If you need another copy of your invoice or would like to pay by credit card, contact our accounts team at [email protected].

Speak to a commercial lawyer before you sign a significant contract, buy or sell a business, take on an investor, change ownership, borrow money or enter a dispute. Early advice can identify risks, clarify obligations and help document the arrangement properly. You should also seek advice when circumstances change, e.g. changes in the law, changes in your operations or key personnel, you are planning to sell. In general you should have a commercial lawyer review your company documents every one to three years.

The appropriate structure depends on ownership, risk, tax, funding, succession and how you expect the business to grow. Common options include operating as a sole trader, partnership, company or through a trust. A lawyer can explain the legal and governance implications and work with your accountant so the structure supports your wider objectives.

Before committing, review what is being purchased, the financial information, key contracts, employees, leases, licences, intellectual property, assets, debts and any disputes. The agreement should contain suitable conditions so legal, financial and commercial due diligence can be completed. The appropriate checks will depend on the business and the way the transaction is structured.

The agreement should clearly identify the parties, assets or shares being sold, price, payment terms, conditions, settlement arrangements, warranties, employment issues, restraints of trade and how stock, debtors and liabilities will be treated. It should be tailored to the transaction. A standard form may be a useful starting point but may not address the parties' specific risks.

A shareholders' agreement is not compulsory, but it is highly recommended when a company has more than one owner. It can record decision-making rules, funding obligations, dividend expectations, restrictions on share transfers and what happens if owners disagree, leave, die or want to sell. Agreeing these points early can reduce uncertainty and future disputes.

The available options depend on the company's constitution, shareholders' agreement, partnership agreement and the nature of the dispute. Negotiation, mediation, a buyout or a formal legal process may be appropriate. Directors and shareholders also have statutory duties and remedies. Early advice can help protect the business while a practical resolution is explored.

Good terms of trade set clear expectations about what you will provide, how and when you will be paid, and what happens if something goes wrong. They can cover matters such as pricing, payment terms, delivery, warranties, liability, ownership of goods, cancellation and debt recovery. Terms should reflect how your business actually operates and be properly incorporated into each customer contract.

Yes. A lawyer can prepare or review contracts, terms of trade, supply and service agreements, distribution arrangements, confidentiality clauses and other trading documents. The aim is to make responsibilities, pricing, payment, liability, termination and dispute processes clear, while ensuring the documents reflect how the business actually operates.

Business succession planning may involve ownership structures, shareholder arrangements, key-person risk, family expectations, management transition, valuation, funding and estate planning. Starting early gives you more options. Your lawyer can coordinate the legal arrangements with your accountant, financial adviser and other advisers so the plan is workable and properly documented.

Commercial transactions often involve more detailed leases, GST issues, income and outgoings, seismic and building compliance matters, environmental risks, planning and resource management considerations and business-specific due diligence. The standard contractual terms and risk allocation may also differ. You should obtain legal and accounting advice before signing because the consequences of an unsuitable agreement can be significant.

Commercial transactions often involve more detailed leases, GST issues, income and outgoings, seismic and building compliance matters, environmental risks, planning and resource management considerations and business-specific due diligence. The standard contractual terms and risk allocation may also differ. You should obtain legal and accounting advice before signing because the consequences of an unsuitable agreement can be significant.

Consider the premises, permitted use, lease term, renewals, rent reviews, outgoings, maintenance, alterations, signage, insurance, guarantees, assignment, subletting and make-good or reinstatement obligations. Agreements to lease are binding, so seek advice before signing them. The lease should match what was commercially agreed and how the premises will be used.

Yes. Ideally, your lawyer should review the agreement before it is signed. They can check the conditions, title issues, GST wording, settlement terms, warranties and the time available for due diligence and finance. Once an agreement is unconditional, your ability to withdraw or renegotiate will be limited.

Due diligence commonly covers the title, leases, rent records, building condition, seismic information, planning and consent matters, insurance, access, services, contamination risk, operating costs and the purchase entity. Your lawyer, accountant, building adviser and other specialists may each have a role. The review should be designed around your intended use and risk tolerance.

Responsibility depends on the lease wording. A tenant may be responsible for interior maintenance and some outgoings, while structural work may sit with the landlord, but this is not universal. The lease may also deal separately with damage, compliance upgrades and reinstatement. Review the document rather than relying on assumptions or informal discussions.

If the lease includes a right of renewal, the tenant generally needs to exercise it in the required way and within the stated timeframe. Renewal may also trigger a rent review or other agreed changes. If no renewal is exercised, the tenant may need to leave and complete any make-good work. Early review helps avoid missed deadlines.

A tenant's ability to assign or sublease depends on the lease. Landlord consent is commonly required and may be subject to conditions about the incoming tenant, guarantees, costs and continuing liability. An assignment transfers the lease interest, while a sublease creates a separate arrangement under the existing lease. Legal advice is recommended before either is agreed.

Contact a lawyer before signing an agreement, heads of terms, building contract or co-ownership arrangement. Early advice allows the title, conditions, ownership structure, finance and key risks to be considered while changes can still be negotiated. A lawyer should also be involved early in subdivisions, developments, easement issues and property disputes.

Check the parties, property description, price, deposit, conditions, settlement date, chattels, warranties and any special terms. The property’s insurability is an important consideration. The title, LIM, building report, finance and intended use may require separate investigation. Your lawyer can explain what the agreement commits you to and ensure the conditions provide enough protection.

Property due diligence is the investigation completed before a purchase or development becomes unconditional. It may cover title interests, planning controls, consents, access, services, physical condition, leases, contamination, insurance, finance and feasibility. The appropriate scope depends on the property and your intended use. Conditions in the agreement must allow enough time to complete the necessary checks.

A subdivision involves resource consent and survey approvals, easements and covenants, lender consent, infrastructure arrangements, new titles, tax and ownership issues, and agreements with neighbours or purchasers. A property lawyer coordinates the legal documents and works with surveyors, planners, council, lenders and other advisers. Requirements vary by site and proposal.

Consider ownership and funding structure, title constraints, planning and consent requirements, access and services, construction contracts, presales, tax, finance securities and exit strategy. Development risk is easier to manage when the legal and commercial structure is settled early. Your lawyer should work alongside your accountant, planner, surveyor, lender and construction advisers.

It records how co-owners will contribute to the purchase and ongoing costs, use the property, make decisions, deal with improvements, resolve disputes and exit the arrangement. It should also address sale, valuation, death, default and relationship changes. The title alone does not cover all of these practical and financial issues. Refer also our Relationship Property FAQs.

The agreement between the owners, the form of legal ownership and the nature of the dispute will guide the options. Negotiation, mediation, a buyout or sale may resolve matters. Court remedies can be available where agreement is not possible. Obtain advice early, especially before withholding payments, excluding another owner or trying to sell the property without their agreement.

Yes. A lawyer can review the title, survey information, easement terms, historic documents and the parties' conduct, then advise on rights and practical options. Resolution may involve negotiation, a new or varied easement, survey work or court proceedings. Avoid making physical changes or blocking access until the legal position is understood.

A family trust can still be useful, but it is not right for everyone. The benefits must be weighed against trustee duties, administration, cost, tax, relationship property, succession and access to assets. Existing trusts should be reviewed to confirm they still serve a clear purpose and comply with the Trusts Act 2019.

Potential advantages can include structured succession, controlled support for beneficiaries and separating legal ownership from personal ownership. Disadvantages include cost, loss of personal control, administration, disclosure obligations and the risk that the trust does not achieve the expected protection. Outcomes depend on how the trust is created, funded and operated.

The process usually involves identifying the purpose, settlor, trustees, beneficiaries, decision-making rules and assets to be transferred. A trust deed is prepared and the transfers and supporting records must be completed properly. Legal, tax, accounting, relationship property and estate planning implications should be considered together before the trust is established.

Trustees must comply with the trust deed and applicable law. Core duties include knowing the trust terms, acting honestly and in good faith, acting for the benefit of beneficiaries, exercising powers for a proper purpose and dealing with trust property responsibly. Some duties may be modified by the deed, while mandatory duties cannot be excluded.

There is no single review period suitable for every trust although an annual general meeting is recommended and we recommend the trust itself be reviewed at least every 2 years. In addition, review the trust whenever there is a major family, asset, business, tax or legislative change. The review should consider the trust's purpose, trustees, beneficiaries, records, distributions, financial statements, asset ownership, lending and how the trust fits with wills and relationship property planning.

It can, but the transfer is a real change of legal ownership and should not be treated as an administrative exercise. Consider lending, tax, relationship property, creditor, residential care, insurance and estate planning implications. The trustees must also be able to manage the property consistently with the trust deed and their duties.

The trust deed and Trusts Act 2019 set out relevant powers and procedures. The retiring or removed trustee may need to transfer trust assets, records and decision-making authority to the continuing or new trustees. Lender, bank and Landonline (property ownership) requirements may apply. Changes should be formally documented and reflected in all asset registers and records.

Often yes, if the trust deed and law allow it and the trustees properly consider the beneficiaries and liabilities. Winding up may involve distributing or transferring assets, repaying debts, completing accounts, addressing tax and recording the trustees' decisions. Advice is important because the transfers can have wider legal and financial consequences.

Contact a lawyer before signing an agreement or bidding at auction. They can review the title and agreement, recommend suitable conditions and explain your obligations. Once you sign an unconditional agreement or successfully bid at auction, you will usually be committed to the purchase, so obtaining advice afterwards may be too late to address some risks.

Yes. The agreement becomes legally binding once signed and accepted, subject to any conditions. A lawyer can check the title, dates, chattels, deposit, conditions and special clauses, and can help ensure the agreement allows for finance, LIM, building or other investigations appropriate to the property.

Common conditions relate to finance, a lawyer's approval of title or contract, LIM, building inspection, insurance and the sale of another property. The right conditions depend on your circumstances and the property. They should be clearly drafted and allow enough time for investigation. Auction purchases are generally unconditional, so checks must be completed beforehand.

The lawyer reviews and prepares the legal documents, checks the title, manages conditions, liaises with the other lawyer and lender, arranges signing, handles settlement funds and registers the ownership and mortgage changes. They also complete required identity, authority and anti-money laundering checks and explain the legal aspects of the transaction. Both parties’ lawyers may be involved in the negotiation of matters around the settlement, e.g. rectifying property faults identified during pre-settlement inspections and managing existing tenancies.

A title review confirms the legal description and registered owner and identifies mortgages, easements, covenants, consent notices and other interests affecting the land. These may restrict building, use or access, or create ongoing obligations. The title should be considered alongside the LIM, plans and your intended use of the property.

The buyer's lawyer receives the required funds, confirms settlement requirements and pays the seller's lawyer. The lawyers complete the electronic transfer and mortgage steps, and the seller arranges release of keys once settlement is confirmed. Timing can vary during the day. The buyer should not assume access is available until confirmation has been received.

The agreement deposit is negotiated between buyer and seller and is different from the lender's overall equity or lending requirements. A commonly used standard form may state a percentage (usually 5% to 10%), but the amount can be changed by agreement. Confirm both the contractual deposit and your lender's funding requirements before signing. The deposit amount required by a lender is different and usually ranges depending on your financial position and the nature and value of the property being purchased.

Eligible members may be able to withdraw qualifying KiwiSaver savings for a first-home purchase, subject to the scheme and statutory requirements. Applications require supporting documents and must be completed before settlement. Tell your lawyer and provider early, because missing information or late instructions can affect whether the funds are available on time.

Relationship property is the property that may be shared between spouses, civil union partners or de facto partners when they separate or one partner dies. It can include the family home, family chattels, income earned during the relationship, KiwiSaver and other assets. Classification depends on the facts and the Property (Relationships) Act 1976.

Equal sharing is the general starting point for relationship property in all qualifying relationships. Qualifying relationships include marriages, civil unions and de facto relationships of three years or more. Different rules can apply to relationships of short duration, and exceptions or adjustments may apply in particular circumstances. The result depends on relationship length, property classification, agreements and the history of the assets.

It is a written agreement in which partners set their own rules about the ownership and division of property instead of relying on the usual statutory rules. Strict requirements apply, including independent legal advice for each partner and lawyer certification. The agreement should be tailored, fully informed and reviewed when circumstances materially change.

It is best considered before property is mixed, a home is purchased or one partner makes a significant contribution, although an agreement can also be completed during a relationship. It may be especially useful for business owners, blended families, people with unequal assets or expected inheritances, and couples receiving family assistance.

Yes. Each partner must receive independent legal advice before signing, and the lawyers must witness and certify the agreement in accordance with the Property (Relationships) Act 1976. One lawyer cannot advise both partners because their interests may differ. Full and accurate financial disclosure is also important to the agreement's reliability.

The family home is usually relationship property regardless of when or how it was acquired, although the legal outcome depends on the circumstances and any valid agreement. Options may include sale, transfer to one partner or temporary retention. Valuation, mortgage affordability, occupation, children and other assets and liabilities all need consideration.

They must first be identified, valued and classified as relationship or separate property. Increases in value, personal effort, trust arrangements, shareholder rights, debts and income can complicate the analysis. Disclosure and specialist valuation may be required. Early advice can help preserve records and avoid steps that may prejudice either party.

Obtain advice before transferring assets, changing ownership, withdrawing significant funds or signing an agreement. Gather financial records, note important dates and consider immediate housing, banking, insurance, business and parenting issues. A lawyer can explain your rights, help identify urgent protections and discuss negotiation, mediation or formal proceedings.

A will records how you want your estate administered, appoints executors and can include gifts, trusts and arrangements for dependents. Without a valid will, legislation determines who may administer and receive the estate. A properly prepared will can reduce uncertainty, but it should be coordinated with jointly owned assets, trusts, nominations and relationship property planning.

You die intestate. An eligible person must apply to administer the estate, and the Administration Act 1969 determines how the estate is distributed. The statutory outcome may not match your wishes and can create delay or extra cost. Assets passing by survivorship or through a trust may sit outside the estate.

Review your will after marriage, separation, a new relationship, the birth or death of a family member, a major asset or business change, changes to a trust, or if an executor or beneficiary is no longer suitable. A periodic review is also sensible. Do not make handwritten alterations, as they may be ineffective or create uncertainty. Some life events including marriage may revoke an existing will and mean that an update is required.

Choose someone trustworthy, organised and able to deal impartially with beneficiaries, assets, debts, tax and administration. Consider age, location, family dynamics, complexity and whether a professional executor is appropriate. Ask the person before appointing them. More than one executor can be appointed, but joint decision-making may add practical complexity.

A property EPA covers money, property and other assets and can be designed to operate while you still have capacity or after incapacity. A personal care and welfare EPA covers personal and health decisions and generally operates only when the required incapacity test is met. Different attorneys can be chosen for each role.

An independent investigation may be appropriate where allegations are serious, facts are disputed, internal decision-makers are conflicted, senior staff are involved or confidence in an internal process may be difficult to maintain. Before the investigation, the employer should clarify the allegations, purpose of the investigation and how the findings may be used. An independent investigation is a fact-finding process, separate from an employer’s disciplinary process or decisions.

A workplace investigation is a fact-finding process. An investigator gathers and assesses relevant information and makes findings of fact against the agreed terms of reference. A disciplinary process is the process an employer uses to investigate alleged misconduct allegations and determine whether disciplinary action may be justified. While an investigation may lead to a disciplinary process, they serve different purposes. An investigation establishes the facts; a disciplinary process may determine whether any employment consequences should follow. Neither process should have a predetermined outcome.

An investigator should be competent, and able to complete the investigation in a timely manner with no material conflict of interest. Whether an internal, external, or independent investigator is appropriate will depend on factors such as the seriousness and complexity of the allegations, the people involved, cultural considerations and any sector expertise required.

Not necessarily. A workplace investigation can be conducted internally, provided the investigator can act fairly and has the appropriate skills and experience. An external and/or independent investigator may be appropriate where there is a risk of actual or perceived bias, senior staff are involved, the allegations are serious or complex, the workplace does not have appropriate expertise or time, or confidence in an internal process may be difficult to maintain. Some employer policies require independence for sensitive allegations such as bullying and harassment, in which case an independent workplace investigator would be required.

The terms of reference for an investigation should identify the allegations or issues to be investigated, the scope of the investigation, the investigator's role and authority, the process to be followed, relevant policies or standards, confidentiality and privacy expectations and the form of the investigator’s reporting. Clear terms help keep an investigation focused and may be amended if relevant new issues emerge.

There is no standard duration. How long it will take will depend on factors such as the number and complexity of allegations, the witnesses involved, and the amount of information to consider. An investigation should be conducted as promptly as reasonably possible, while allowing sufficient time for a fair and thorough process.

A workplace investigation report will be provided to the reporter. It should generally only be provided further to those who need it for the purpose of the investigation or any subsequent process, subject to the terms of reference and privacy obligations. Participants may be entitled to relevant information from the report, particularly where it may be relied on in making a decision affecting them, but this does not necessarily mean they are entitled to the complete report.

An investigator should limit investigation information to those who need it, keep information secure and explain confidential expectations to everyone involved. Absolute confidentiality should not be promised, because fairness and natural justice may require relevant allegations or information to be disclosed. Privacy obligations and any genuine safety concerns should also be considered.

Private client law covers legal planning and decisions affecting individuals and families rather than business operations alone. It commonly includes Wills, Enduring Powers of Attorney, trusts, estates, elder law, incapacity, retirement village advice, family asset planning and support for significant life changes. The services often overlap and should be considered together.

Seek advice when making or reviewing a Will, appointing attorneys, establishing or reviewing a trust, helping family with property, planning for incapacity, moving into a retirement village, administering an estate or managing a major family or asset change. Early planning usually provides more choices and reduces pressure during a crisis.

A lawyer can review how assets are owned, prepare Wills and Enduring Powers of Attorney, advise on trusts, succession and family assistance, and identify how relationship property and business interests affect the plan. They can also coordinate with accountants and financial advisers so the legal documents work with the family's practical and financial objectives.

Most adults should consider an up-to-date Will and both types of Enduring Power of Attorney. Depending on your circumstances, you may also need a trust review, retirement village advice, succession planning, records of family loans or gifts and clear information about key assets and advisers. The arrangements should reflect your wishes and current capacity.

If valid Enduring Powers of Attorney (EPA) are in place, the appointed attorneys may be able to act within their authority once the legal activation requirements are met (usually determined by a suitably qualified medical practitioner). Without suitable EPAs, an application to the Family Court under the Protection of Personal and Property Rights Act 1988 may be required for personal or property orders.

Start with your parent's wishes and capacity. Review whether they have current Enduring Powers of Attorney and what authority those documents give. Family members do not automatically have power to manage another adult's affairs. Keep clear records, avoid conflicts and obtain advice before using funds, transferring property or making significant decisions.

Review the occupation right agreement, disclosure information, fees, ongoing charges, maintenance, refurbishment, termination, resale process, capital loss or gain provisions and the services available. Retirement village arrangements are not the same as buying a conventional home. Independent legal advice is required before the agreement is signed.

Each operates differently. A Will deals mainly with estate assets after death, EPAs operate during life, trusts hold assets through trustees, and relationship property rules can affect division on separation or death. A change in one document or ownership arrangement can affect the others, so they should be reviewed as one coordinated plan.

A lawyer can document the loan, repayment and default terms, identify the borrower and guarantors, check authority, and put agreed security in place. They can also advise on priority, registration and enforcement risk. Clear documents and properly completed security steps are important if the borrower later defaults or another creditor claims the same assets.

The agreement should cover the amount and purpose of the loan, interest, fees, repayment, conditions before drawdown, representations, financial information, undertakings, events of default, enforcement and costs. It should also align with guarantees and security documents. Terms must reflect the actual transaction and any applicable consumer or regulatory requirements.

Depending on the transaction, security may include a mortgage over land, a General Security Agreement over business assets, specific security over particular property, guarantees or other contractual support. The value and priority of security must be checked. Taking security does not guarantee full recovery, and formal creation and registration requirements may apply.

A General Security Agreement, often called a GSA, gives a creditor a security interest over some or all of a debtor's present and future personal property, subject to its terms and the Personal Property Securities Act 1999. It commonly supports business lending. Registration and priority should be addressed carefully.

The PPSR is the electronic register used to record security interests in personal property. Registering a security interest can help protect the creditor’s claim and determine where it ranks against claims from other creditors. Registration does not replace the need for a valid security agreement, and the debtor and property details must be recorded accurately.

Registration timing depends on the transaction and the type of security interest. In many cases, registration should be completed before funds or goods are advanced, and special timing rules can affect priority for some interests. The underlying security agreement must also be valid. Obtain advice before the transaction is completed rather than after default.

You do not need to wait until something has gone wrong. You should consider speaking to an elder law lawyer when:
• Preparing or reviewing a will or enduring powers of attorney;
• Planning for future health, care or accommodation needs;
• Considering a move into a retirement village;
• Reviewing a family trust or the ownership of important assets;
• Helping a family member manage their finances or personal care;
• A person’s decision-making capacity is becoming uncertain;
• There is no valid enduring power of attorney in place or there are concerns about an attorney’s actions;
• An application to the Family Court may be needed;
• There are signs of financial pressure, exploitation or abuse; or
• Family members disagree about an older person’s property, care or living arrangements.
It is generally easier to put appropriate arrangements in place while the person can understand, participate in and approve the decisions being made. So where possible, act while the person can still understand the options and make the decisions themselves.

Most adults should have an up-to-date will and two enduring powers of attorney: one for property and one for personal care and welfare.
An enduring powers of attorney operate during your lifetime and cease when you die, while your will deals with your assets after your death.
Depending on your circumstances, you may also need to review:
• Your family trust;
• How your home and other assets are owned;
• Relationship property arrangements;
• Family loans or gifts;
• Business or farm succession;
• Insurance and nominated beneficiaries;
• Retirement village or residential care plans; and
• Information your family may need in an emergency.
These arrangements need to work together.

An enduring power of attorney, commonly called an EPA or EPOA, is a legal document that lets you choose someone you trust to make certain decisions for you.
There are two types:
• A property EPA, covering your money, property and other assets. It can be set up to operate while you still have capacity, or only if you become mentally incapable.
• A personal care and welfare EPA, covering decisions about your health, care, accommodation and wellbeing. It only starts operating once the required incapacity test has been met.
You decide who to appoint and can include guidance about how you want them to act.

Choose someone you trust to act carefully, follow your wishes and put your interests first. They should be willing to take the role on, able to keep good records and comfortable dealing with family members, banks, health professionals and advisers.
The person who is best with money may not be the person you would choose to make decisions about your care. You can appoint different people for the two roles. You can also name a replacement attorney and require your attorney to consult with, or provide information to, particular people.

A property EPA covers your money and assets. Depending on the document, your attorney may be able to pay bills, manage bank accounts and investments, deal with insurance or debt, and buy, maintain or sell property.
A personal care and welfare EPA covers decisions about your health and day-to-day wellbeing. That can include where you live, the care or support you receive and some treatment decisions.
It is important to know that the two roles are separate.

If you are still mentally capable, you can cancel an EPA or replace it with a new one.
It is worth reviewing your EPA if your attorney is no longer available or suitable, family relationships have changed, your property or care arrangements are different, or the document no longer reflects how you would like decisions to be made.
If you revoke or replace an EPA, it is important to let the relevant people and organisations know. Otherwise, someone may continue to rely on an earlier EPA without realising it has been cancelled or replaced.
If you are considering changing your attorney or cancelling an EPA, you should speak with your lawyer. A new EPA will need to be prepared and signed while you still have the required mental capacity. Your lawyer can also help ensure the change is properly documented and that everyone who needs to be notified is informed.

An attorney is someone appointed under an enduring power of attorney (EPA) to make decisions for another person if needed. This is a position of trust, and the attorney must always act in that person's best interests.
An attorney should involve the person in decisions wherever possible, follow any requirements in the EPA, keep accurate records, keep finances separate, and avoid situations where their own interests could influence their decisions. An attorney has a duty to act for the benefit of the person who appointed them, not for themselves. They should not use their position to obtain a personal benefit, make unauthorised gifts to themselves, or otherwise take advantage of the authority they have been given.
Being appointed as an attorney is a significant responsibility. If you are acting as an attorney and are unsure whether you can make a particular decision, it is best to get legal advice before taking any steps.

Being a spouse, partner or adult child does not automatically give you authority to make decisions for another adult.
If a person can no longer manage their care or property and there is no effective EPA, an application to the Family Court will be needed under the Protection of Personal and Property Rights Act 1988. The Court may appoint a welfare guardian or property manager, or make an order about a particular decision or piece of property.
This process requires medical evidence and detailed information about the person's circumstances, needs and finances. It can also be significantly more time-consuming and expensive than having an EPA in place.
If the Court appoints a property manager, that person will be subject to ongoing Court supervision. This includes preparing reports and accounts for the Court and seeking approval for certain decisions. By contrast, an EPA allows a person to choose in advance who will act for them and generally does not involve ongoing Court oversight or regular reporting requirements.
For that reason, putting EPAs in place early is often one of the simplest and most cost-effective ways to plan for the future.

A PPPR application is an application to the Family Court under the Protection of Personal and Property Rights Act 1988.
It may be needed where a person is not fully able to manage their personal care or property and there is no suitable EPA, the EPA does not cover what needs to be done, there is a dispute, or there are concerns about the way an attorney is acting.
The right application depends on the person’s capacity, needs, property and existing legal arrangements. It is not a one-size-fits-all process.

As a general guide, review your will and EPAs every two to three years, or sooner if something important changes. Examples of important changes could be:
• a marriage, separation or new relationship;
• a birth or death in the family;
• the death or incapacity of an executor or attorney;
• a major property transaction;
• a change to a trust;
• a significant health diagnosis; or
• a move into a retirement village or residential care.
Marriage is particularly important. In many cases, getting married automatically revokes an existing will. If you are getting married or have recently married, you should review your estate planning documents as soon as possible.
The key question is simple: do the documents still reflect your wishes, and are the people you appointed still suitable, willing and able to act?

You do not automatically have legal authority to manage an adult parent’s money, even if you are their child or primary support person.
You should first check:
• Whether your parent has a property EPA and who has been appointed;
• When the EPA can be used, what powers, restrictions or consultation requirements it contains; and
• Whether your parent still has capacity to make their own decisions.
If your parent still has capacity, decisions should remain theirs unless they authorise someone else to assist.
If there is no effective EPA and your parent can no longer manage their property, a Family Court application will likely be required.
Anyone handling another person’s money should keep proper records and keep that money separate from their own.

In most cases, no. While adding a child or other family member to your bank account may seem like a simple way to help with bill payments or day-to-day banking, it can create significant legal and practical issues.
For example, it may become unclear who owns the money in the account, whether the funds form part of your estate when you die, and whether the arrangement affects other family members or beneficiaries. It may also expose the funds to claims involving the other account holder, such as relationship property claims, creditor issues or bankruptcy.
If your goal is simply to allow someone to help manage your finances, there are often better and safer alternatives available, such as an enduring power of attorney for property or bank-authorised account access arrangements.
Before adding another person to your bank account, you should obtain legal advice so you understand the risks and whether there is a more appropriate option available.

Moving into a retirement village is not the same as buying an ordinary house. In many villages, you pay for a right to live in the unit but do not own it in the usual sense.
Before you sign, make sure you understand the upfront payment, weekly fees, deferred management fee or exit deduction, who pays for maintenance and refurbishment, what services are included, and what happens if your care needs change.
You should also know how the agreement ends, when the unit can be relicensed, when you will be repaid, whether you share in any capital gain or loss, and what rules apply to pets, other occupants and alterations.
Buying into a retirement village differs from buying a house or apartment, and independent legal advice is required before signing.

An occupation right agreement, often called an ORA, is the main contract between you and the retirement village. It sets out your right to live in the unit and the financial and practical terms of that arrangement.
The agreement usually covers what you pay on entry and while living there, the services provided, maintenance, alterations, how the arrangement can end, refurbishment and what happens to your money after you leave.
It needs to be read alongside the village’s disclosure statement and other documents. We can take you through the terms, explain the practical effect and identify anything you may want to ask the village about before signing.

Yes. A lawyer can help with the legal side of a move into residential care, including EPAs, decision-making authority, ownership of the family home, trusts, family loans or gifts, relationship property and estate planning.
We can talk you through the legal issues that often arise when a person is considering residential care, including questions about government assistance and the financial means assessment. However, eligibility and entitlements should also be confirmed with the relevant government agency, and you may wish to obtain accounting or specialist financial advice depending on your circumstances.
It is important to get legal advice before transferring assets, forgiving debt or changing ownership arrangements. A change made for one reason can have flow-on effects for your trust, tax position, relationship property and estate plan.

Independent legal advice is particularly important when an older person is making significant decisions about their finances, property, estate planning or future care arrangements.
Independent legal advice should almost always be obtained before transferring property, making large gifts or loans, changing a will or enduring power of attorney, entering into major financial arrangements, or where there are concerns about pressure from family members, capacity, or undue influence. Seeking advice early can help ensure the person's wishes are properly understood and documented, and can reduce the risk of disputes later. The cost of getting advice is often small compared with the potential financial and family consequences of getting it wrong.
The lawyer must take instructions from the older person and be satisfied that they understand the nature and effect of the decision. This usually means meeting with them on their own, even if a family member helped arrange the appointment.

Start with the older person. Their wishes, independence and ability to make their own decisions should remain at the centre of the conversation.
Useful steps can include:
• Reviewing wills and EPAs;
• Discussing preferred living and care arrangements;
• Reviewing property, savings, trusts, insurance and income;
• Identifying who can provide practical support;
• Recording important medical, financial and professional contacts;
• Considering retirement village or residential care options;
• Documenting family loans, gifts or shared property arrangements; and
• Making sure important documents can be located when needed.
Planning early allows the older person to take part in decisions and can reduce the need for urgent applications to the court or family disputes later.

An employer should seek advice before taking significant action that may affect an employee, including dismissal, suspension, disciplinary action, performance management, restructuring or redundancy. Advice is also useful when preparing or changing employment agreements and workplace policies, engaging contractors, managing long-term absence or medical incapacity, responding to a personal grievance, or dealing with allegations of bullying, harassment or discrimination. Early advice can help an employer identify the correct process before positions become fixed or avoidable risk arises.

As a practical guide, employers should review their employment agreement templates and key workplace policies annually, and when employment law changes or the way the organisation operates changes. A review is also advisable when new roles or working arrangements are introduced, contractor arrangements change, recurring issues arise, or a policy no longer reflects what happens in practice.

Yes. An employer and a new employee can agree to a trial period of up to 90 days, provided the legal requirements are met. The trial period must be included in the written employment agreement, which is agreed and signed before the employee starts work. Trial periods cannot be used for someone who has previously worked for the employer, and special rules apply to some employees, including employees on Accredited Employer Work Visas.

Serious misconduct commonly involves conduct that seriously undermines the employer’s trust and confidence in the employee or affects the employee’s ability to perform their role. It is misconduct that may be sufficiently serious to justify dismissal without notice. Whether conduct amounts to serious misconduct depends on the circumstances, and an employer must still follow a fair disciplinary process before deciding to dismiss.

Yes, but suspension should not be automatic. An employer needs a legitimate reason for suspension, such as a risk that the employee’s continued presence may compromise the investigation or create a health and safety risk. The employer should generally consult the employee before deciding to suspend and should check the employment agreement and applicable policies to confirm there is a right to suspend. Suspension will ordinarily be on full pay.

At a minimum, individual employment agreements should include the names of the employer and employee, a description of the required work, the place of work and hours, pay, process for resolving problems, information about holidays and leave and protection in restructures. Employers should be given an opportunity to read and confirm they understand and agree to the terms prior to signing.

Workplace bullying is repeated, unreasonable behaviour directed towards a worker or group of workers that could cause physical or psychological harm. It can include intimidating, humiliating, threatening or victimising behaviour. A single incident of unreasonable or rude behaviour will not ordinarily amount to workplace bullying, although it may still require an employer to respond.

Employers must keep accurate wage and time records, including employees’ hours worked and wages paid, as well as records of holiday and leave entitlements, leave taken, payments made for leave and leave balances. These records must be maintained so they can be made available upon an employee’s request.

Before starting a performance management process, an employer should identify the performance concerns, confirm the required standards and gather objective examples of the employee's performance. The employer should also consider whether the employee has received appropriate training, support, resources and clear expectations have been communicated, prior to commencing a formal process. Performance management should focus on capability and improvement.

Before commencing a disciplinary process, an employer should identify the alleged misconduct, gather relevant information and review the employee's employment agreement and any applicable workplace policies. The employer should avoid reaching conclusions before giving the employee a reasonable opportunity to understand the allegations and information relied on, seek advice and respond, and that response be genuinely considered.

Before commencing a restructuring consultation process, an employer should have a genuine business reason for the proposed change, consider alternatives, and carefully consider how the proposal may affect employees. The employer should prepare sufficient information to explain the proposal, the reasons for it and any potential impact on employees’ ongoing employment relationships. Preparing this information to enable a good faith consultation process is critical prior to any decisions being made.

Employers are entitled to restructure their business, provided there are legitimate business reasons for doing so and the employer engages in good faith consultation and a fair process with potentially affected employees. This may result in redundancies, i.e. when the role an employee is employed in is no longer required by the employer, and there are no appropriate redeployment opportunities available.

A personal grievance is the formal name for an employee’s complaint or claim against their employer, under the Employment Relations Act. This might include an unjustified disadvantage (where the employee claims the employer’s actions or inaction was unfair, unreasonable, or procedurally deficient, and, that this has had a detrimental impact on the terms of their employment), and unjustified dismissal (where the employee was terminated without fair or reasonable justification in all the circumstances). An employee must notify their employer of a personal grievances within 90 days of the alleged unjustified action occurring.

For an unjustified dismissal, an employee may seek remedies including reinstatement to their former role, reimbursement of lost wages, compensation for humiliation, loss of dignity and injury to feelings (commonly referred to as hurt and humiliation compensation), and compensation for loss of benefits.

Yes. Employees whose behaviour contributed to the dismissal may have their remedies reduced by up to 100 percent, and employees dismissed for serious misconduct may be barred from any award of remedies, regardless of any procedural flaws in the employer’s process.

Employers must act as a fair and reasonable employer could in all the circumstances. Generally, this requires: telling the employee the allegation and information relied on; providing the employee with a reasonable opportunity to consider the allegations and seek advice; providing a reasonable opportunity to respond; and genuinely considering the employee’s response before making a decision.

In some cases, yes. Some employees consider secret (covert) recordings when they are experiencing issues at work and want an accurate record of an interaction. In New Zealand, an employee can generally record a conversation if they’re a participant in it.
However, employment relationships are founded on good faith, trust and confidence. A covert recording may indicate a breakdown in the employment relationship and can become a significant issue. Employers may consider a covert recording to be misconduct, for which disciplinary action could be justified. Therefore, while a secret recording may be admissible, before making any recording at work, it is advisable to obtain legal advice.

In most cases, if an employer and employee can’t resolve a dispute between them, mediation is the first and most effective step in resolving an employment dispute. While mediation is a voluntary process, the Employment Relations Authority will often encourage or direct parties to participate in mediation before progressing a matter further. Many disputes are resolved at mediation without the need for a formal hearing and public determination to be issued.

Employment mediation is a confidential process where an independent mediator helps employers and employees discuss workplace issues and explore possible solutions. The mediator does not decide who is right or wrong. Instead, they help the parties reach their own agreement. If an agreement is reached, it is ordinarily recorded in a legally binding settlement agreement (a Record of Settlement).

You are not required to have a lawyer at mediation, but many people choose to obtain legal advice beforehand or have a lawyer attend and represent them. An employment lawyer can help assess the strengths and weaknesses of your position, advocate on your behalf, prepare and negotiate settlement proposals, and ensure any agreement properly protects your interests.

Yes. Discussions that occur during employment mediation are generally confidential and cannot usually be relied upon later in the Employment Relations Authority or Employment Court. This allows parties to have open and frank discussions about settlement options.

The Employment Relations Authority is an independent statutory body that investigates employment relationship problems and makes legally binding decisions. The Authority is less formal in its procedure than a court.

The Employment Relations Authority is a forum that focuses on practical investigation and determination of employment disputes. The Employment Court sits above the Authority and hears challenges, significant employment law issues, and matters that are directly removed to the Court. While the Authority is intended to have a less formal process, the Employment Court operates more like a specialist court.

You should seek legal advice as early as possible if you are facing a disciplinary process, dismissal, restructuring, performance management, allegations have been against you, you are experiencing bullying or harassment or are unsure about your rights at work. Early advice often helps parties resolve disputes more efficiently and can avoid unnecessary costs and litigation.

Many employment disputes resolve through mediation without the need for a claim to be heard and determined by the Employment Relations Authority. Mediation remains the primary dispute resolution mechanism in New Zealand and is often the quickest and most cost-effective way to achieve certainty and finality.

An employee should consider obtaining advice when facing disciplinary or performance action, suspension, restructuring or redundancy, a proposed change to employment terms, bullying or harassment concerns, a medical incapacity process, dismissal, a restraint of trade issue or a settlement proposal. Advice is most useful before a meeting, response, resignation or document is finalised, because some options and time limits may otherwise be affected.

It depends on the employment agreement, the nature and extent of the proposed change, and the employer's reasons and process. An employer may be able to make some changes within an existing clause, but cannot simply disregard agreed terms or its good faith obligations. Ask for the proposal and reasons in writing, and obtain advice before agreeing, refusing or resigning.

You are entitled to receive relevant information about the proposal, have a genuine opportunity to comment before a final decision and have your feedback considered in good faith. The employer should have genuine business reasons and consider relevant alternatives, which may include redeployment. Any entitlement to redundancy compensation depends on your employment agreement or another binding arrangement.

Keep a contemporaneous record of what occurred, including dates, words, actions, witnesses and any effect on your work or wellbeing. Review the workplace policy and consider raising the concern through an appropriate manager, HR person or formal complaint process. If the alleged person is your manager, or you feel unsafe raising it internally, obtain advice about alternative options and urgent protections.

Yes. Raise your concerns promptly and clearly, identify any factual errors or procedural unfairness, and provide relevant information. Ask for the warning and reasons in writing and use any internal review process that is available. An unjustified warning or performance process may support a personal grievance, but time limits apply, so seek advice promptly.

Ask for the decision and reasons in writing, retain relevant employment documents and communications, and note the date the decision was communicated. Do not delay seeking advice, as a personal grievance will usually need to be raised within 90 days. Avoid signing a settlement, making public statements or removing work information before seeking legal advice and understanding your rights and obligations.

A privacy breach occurs when personal information is lost, accessed, disclosed, altered or destroyed without authorisation. Examples include sending information to the wrong person, a cyberattack, lost devices, or unauthorised access to records.
Under the Privacy Act 2020, organisations must notify the Privacy Commissioner as soon as practicable if a privacy breach is likely to cause serious harm. In some cases, the affected individual must also be notified. If you are unsure whether a breach meets the reporting threshold, obtaining legal advice promptly can help reduce risk and ensure compliance.

Yes. Emails sent or received using an employer's systems are generally company property, and employers may access them for legitimate business reasons such as managing operations, investigating misconduct, responding to legal obligations, or protecting business interests.
However, employers must still comply with privacy and employment law, act reasonably, and follow any applicable workplace policies. Access should be proportionate to the purpose and employees should, where possible, be informed about monitoring and access practices.
Because privacy obligations and employment law obligations often overlap, employers should seek advice before accessing emails in sensitive situations such as disciplinary processes, workplace investigations, or complaints involving staff.

In most cases, yes. The Privacy Act 2020 gives individuals the right to request access to personal information held about them by an employer, school, business or other organisation. This may include emails, records, notes, reports and other information that identifies them.
Organisations must respond to requests within a required timeframe, and if information may be withheld, the agency must advise the grounds for withholding that information. It is advisable to seek advice if an individual is seeking sensitive information or information requested during a workplace process such as an investigation or dispute, or, if withholding grounds are being considered.

School boards are responsible for governing the school and ensuring it meets its legal, educational, financial, employment and health and safety obligations. Boards must act in the best interests of students, set the school's strategic direction, oversee the Principal's performance, manage risk, and ensure the school complies with the Education and Training Act 2020 and other relevant legislation.
While a board is responsible for governance, the Principal is generally responsible for the school's day-to-day management and operations. Effective governance requires boards to focus on oversight, accountability and strategy rather than operational matters.

A school board should consider obtaining independent legal advice when dealing with significant legal, governance, employment, privacy, health and safety, or disciplinary issues. Early legal advice can help the board understand its obligations, manage risk and avoid procedural errors.
Examples include complaints about a Principal or staff member, employment investigations, disciplinary processes, privacy breaches, disputes involving parents or students, conflicts of interest, serious misconduct allegations, and situations where the board is uncertain about its legal obligations.
Obtaining advice at an early stage is often more effective and less costly than trying to correct a process after concerns have arisen.

The board should assess a complaint about the Principal or member of the SLT promptly, objectively and confidentially. The appropriate response will depend on the nature and seriousness of the allegations. In some circumstances, the matter may be resolved informally, while more serious allegations may require a formal process or independent investigation.
Before taking action, the board should consider whether the complaint raises employment, privacy, health and safety or governance issues, whether an actual or perceived conflict of interest exists, and whether independent advice is required. Boards should review employment agreements and school policies to be guided about the appropriate process. No findings or conclusions should be reached until a fair process has been followed, and the affected employee has had an opportunity to respond.
Where allegations are serious, involve potential misconduct, or could affect the employment relationship, legal advice should be sought before commencing a formal process. This can help ensure the board complies with its obligations.

A school board may need an independent investigator when concerns are serious, disputed, sensitive, or involve senior leaders, including the Principal. An external investigator can help ensure the process is impartial, fair, and free from actual or perceived conflicts of interest.
Independent investigations are commonly considered where allegations involve bullying, harassment, misconduct, health and safety concerns, privacy issues, or complaints that could result in significant disciplinary action. Obtaining advice at an early stage can help the board determine whether an independent investigation is appropriate and how the process should be managed.

Schools should respond carefully and in accordance with their obligations under the Privacy Act 2020. Before releasing any information, the school should confirm the identity of the requester, consider whether they are entitled to receive the information, and assess whether any grounds exist to withhold or redact material.
Requests can be particularly complex where they involve separated parents, student welfare issues, employment matters, complaints, investigations, or information about other individuals. Schools should avoid releasing personal information without first considering their privacy obligations and, where necessary, obtaining legal advice.

Schools have legal obligations to provide a safe and healthy workplace for employees. This includes taking reasonably practicable steps to identify and manage risks to staff arising from bullying, harassment, violence, intimidation, or threatening behaviour from students, parents, visitors, contractors, or other staff members.
Where concerns become known, schools should take them seriously, assess any health and safety risks, respond promptly, and take appropriate steps to mitigate risks to protect the safety and wellbeing of affected staff. There are a range of legal and practical options available to a school, and schools are wise to seek advice on what may be most appropriate in the circumstances.