Trust Busting – Commercial/Business Risk (Brkic v White [2021] NZCA 670)

March 2022

Andrew Logan Jamie Stanton

The 2016 Supreme Court case of Clayton v Clayton found that a person’s “bundle of rights” in a trust (e.g. being a trustee, appointor, beneficiary and having powers to say remove other beneficiaries) could be considered an asset in that ... Read more

Law Commission Review of Succession Law

September 2021

Andrew Logan Annie Withington

Te Aka Matua o te Ture | Law Commission Review of Succession Law in New Zealand Earlier this year the Law Commission released an Issues Paper which explores the current law of succession in New Zealand. It includes a number of recommendations as ... Read more

Trusts Act 2019 – it’s here!

March 2021

Jamie Stanton

On 30 January 2021 the Trusts Act 2019 came into effect – increased trustee obligations and disclosure requirements are now in force. All trustees must now have regard to the mandatory and default duties set out in the Act. Trustees are also ... Read more

The Trusts Act 2019 – What it means for you

December 2019

Andrew Logan

The (long-awaited) review and reform of the Trustee Act 1956 has finally been completed.  On 30 July 2019, the new “Trusts Act 2019” received royal assent.  The new Act comes into effect on 31 January 2021 and replaces the old 1956 ... Read more

Trusts Act Update

March 2019

Andrew Logan

Anybody who has a trust or is a trustee should now be aware that the reform of trust law, which will see the Trustees Act 1956 replaced with a new Trusts Act, is winding its way through our parliamentary process. The new Trusts Act is likely to come ... Read more

Bright-Line Test Extension

June 2018

Andrew Logan

The “Bright-Line Test”, or period in which profit made from the sale of residential land is taxable as income, has been extended from two to five years. The five year period applies to properties purchased from 29 March 2018 onwards. The ... Read more