Commercial Law

Building Brand Equity: The Strategic Advantage Of Trademarking

Creating a brand that is known and trusted by customers can be integral to business growth – and value. However, when it comes to selling a business, the true worth of a brand hinges on the prot...

Property Law

Refinancing

Refinancing can be a smart financial move - potentially lowering your loan repayments, shortening your loan term, or giving you access to the equity in your home for other investments. However it is a...

Trust Law & Wealth Protection

Separation and Financial Fairness.

Separating from a long-term relationship can be emotionally challenging. This article explores the legal and financial considerations in reaching a fair settlement....

Trust Law & Wealth Protection

The Limits of Trusts in Relationships.

It’s important to have the right legal structures in place when dealing with relationship property - especially if you're trying to protect your assets....

Trust Law & Wealth Protection

When Aging Tests Family Plans

Asset planning and structuring for the future can be a complex endeavour, particularly for blended families where one or both partners have children from previous relationships. Here we share a scenar...

Property Law

Buying Commercial Property - Key Considerations

Buying commercial property in New Zealand often involves a more complex process than buying a residential property. It requires careful due diligence, rather than simply agreeing to a price. While com...

Property Law

Skipping Due Diligence Can Be Costly.

When purchasing a property, even from someone you know, key steps should be taken to mitigate the risk of costly and unwelcome surprises in the future....

Trust Law & Wealth Protection

Plan Ahead Today, For Peace Of Mind Tomorrow.

Unexpected situations can arise at any moment, and without the correct legal documentation, they can quickly become complicated and costly. The following example highlights why....

Trust Law & Wealth Protection

Balancing Succession, Wealth, And Family Dynamics.

Carefully considering the structure of your assets to ensure they meet the needs of your family can help you avoid potential disagreements, as illustrated in the scenario below....

Trust Law & Wealth Protection

Trusts & Tax: The Bill That Could Have Been Avoided.

When dealing with trusts involving overseas beneficiaries, even the best intentions can lead to unintended consequences. As Kathy’s story below highlights....

Trust Law & Wealth Protection

Expect The Unexpected In Family Trusts.

Reviewing your trust regularly while getting specialised advice along the way is key to avoiding any family conflict, as shared in our scenario below....

Trust Law & Wealth Protection

When To Review Your Relationship Property Agreement.

Relationship property agreements, otherwise known as Contracting Out Agreements, are an essential legal tool for couples who wish to opt out of the standard provisions under New Zealand’s Proper...

Commercial Law

Understanding Employee Share Schemes.

If your employer has offered you shares in the company, you might feel flattered and excited. Employee share schemes are commonly used to attract, retain, and incentivise key employees who contribute...

Commercial Law

Buying A Business Using Vendor Finance.

Vendor finance can often be a practical solution to facilitate a business sale – benefiting both the buyer and seller. This scenario highlights how, when well planned and executed, vendor financ...

Commercial Law

Business Strategies and Planning.

Starting, growing, and eventually exiting a business all come with unique challenges and opportunities. Careful planning and the right strategic decisions at each stage of the business lifecycle are c...

Trust Law & Wealth Protection

Circumstances That Can Nullify Your Will.

Even if you've carefully prepared your will, certain changes in your life can unexpectedly make it invalid. The following scenario explains how this can occur…...

Trust Law & Wealth Protection

When Life Changes, So Should Your Will.

Reviewing your will after significant life changes is crucial to prevent unnecessary stress for your loved ones. The following scenario explains why....

Trust Law & Wealth Protection

Trust Tax Rate Increases to 39% - 01 April 2024.

On 1 April 2024, the trust tax rate increased to 39% to align with the top marginal tax rate. On the face of it, this seems like quite a hike in the trust tax rate. However, trusts are still the most...

Trust Law & Wealth Protection

Time For A Legal Check Up?

We use the services of GP’s, dentist’s or optometrist’s regularly to help assess any potential health problems as early as possible and save on potentially costly outcomes. Seeing a...

Commercial Law

Ownership Transition: A Tailored Approach.

There are many options to consider when it comes to succession planning. Soliciting the help of a Commercial lawyer is highly recommended to reach the outcome that best suits your needs. The followin...

Commercial Law

Business Partner Disputes: Shareholder Buyouts.

All business partners start out with the best of intentions. However, it is important to have the right documentation in place from the beginning of your business relationship, so if the time comes wh...

Trust Law & Wealth Protection

Legal Considerations for Later-Life Relationships.

When going through a change of life situation, this is the ideal time to review your core legal documents. In the following scenario, we delve into Tom and Cathy’s story, highlighting the impor...

Trust Law & Wealth Protection

Tailored Trusts for Diverse Family Needs.

Reviewing how your assets are structured regularly, so they cater to the changing needs of your family can avoid heartache and headaches, as shared in our scenario below....

Trust Law & Wealth Protection

Complex Family Dynamics.

You may feel your trust is well structured and that you are providing for your family when you are gone, however it’s important to be flexible and thoughtful when there are more than one benefic...

Commercial Law

Options to get out of a Commercial Lease.

We are often asked by commercial landlords and tenants about the terms of their commercial lease, along with the requirements to cancel if the need arises. ...

Trust Law & Wealth Protection

Untangling Assets After A Separation.

Separating from a partner with whom you share assets, can be complicated. Having the right legal documentation in place from the start of your de facto relationship can help to simplify the process....

Trust Law & Wealth Protection

Strategic Trust and Tax Planning.

People often "set and forget" their trusts and other legal documents. However, regularly reviewing your asset structure might save you money down the line, give you greater tax efficiency and ensure y...

Trust Law & Wealth Protection

The Costly Consequences of Inadequate Legal Advice.

Trust Law has become very specialised over the last few years. Advice from a Trust Law expert could be invaluable. This scenario offers an example to help explain why......

Trust Law & Wealth Protection

The Enforceability of A Nikah.

The Court of Appeal delivered its first judgment regarding the enforceability of a nikah, which is an Islamic marriage contract under which the husband is required to provide a gift (mahr) to the wife...

Trust Law & Wealth Protection

Welcome Stephanie Irons - Our New Senior Trust Law Expert.

North Shore local, Stephanie Irons, has joined Davenports Law as a Senior Associate in the Trust Team, further strengthening our asset structuring expertise....

Trust Law & Wealth Protection

New Relationships and Asset Implications.

What happens to the family inheritance when one parent gets a new partner? The area of relationship property is fraught. This scenario offers an example to help explain why......

Trust Law & Wealth Protection

Distributing Personal vs Trust Assets.

While some may want to simplify the structure of their assets and disestablish trusts as they get older, there are reasons why keeping a trust can benefit your loved ones in the future. This scenario...

Trust Law & Wealth Protection

The Effects of Diminishing Capacity.

What is diminished capacity, and how can it impact a family trust? Here's a scenario to help explain......

Trust Law & Wealth Protection

Unexpected Crisis: Power of Attorney.

Life can take an unexpected turn when we least expect it. If you don't have the correct legal documentations in place, things could end up more complicated and costly. This scenario offers an example...

Trust Law & Wealth Protection

The New Trusts Act – Two Years On.

Davenports Law Managing Director, Tammy McLeod presented trusts seminar, The New Trusts Act – Two Years On, at the North Harbour Lounge, North Harbour Stadium on 29th August 2023. ...

Trust Law & Wealth Protection

Ageless Safeguard: Enduring Power of Attorney.

Few know how important an Enduring Power of Attorney (EPA) is. Of those who do, even fewer understand the importance of setting up the legal document before becoming elderly. However, if unexpect...

Trust Law & Wealth Protection

Time to Review Your Asset Structure.

Trust Law has become very specialised over the last few years. Information you might have received when you first set up your trust in the 80's and 90's will have been updated. Reviewing your structur...

Trust Law & Wealth Protection

Setting Up For Success.

Cathy had been working in the corporate jungle for a number of years and she and her husband, Dan, had really started to think about what their future might look like. They decided that they would lik...

Property Law

Spring Selling.

Historically, the spring season has been a popular time for people to sell, and perhaps to buy. Real estate agents put a lot of focus and time into spring campaigns. If you’re thinking of sellin...

Trust Law & Wealth Protection

Tax Considerations When Gifting, Loaning Or Owning.

George and his partner, Sam wanted to buy a house. As it was their first home, they could use their KiwiSaver and they had each saved enough to have a reasonable deposit, especially now that prices ha...

Property Law

Structuring Your Borrowings.

Finance (lending) and securities mostly go hand-in-hand. We say mostly, because some small personal lending is unsecured, but generally most lending is secured. The most common forms of security that...

Trust Law & Wealth Protection

Wind up your trust – or not.

Bob’s wife, Nancy, had died two years ago. Bob and Nancy had run a successful interior design company which they had sold twenty years ago....

Trust Law & Wealth Protection

Blended Families: It Doesn't Have to be Complicated.

Barb and Roger had known each other since High School but hadn’t been in touch for a number of years....

Trust Law & Wealth Protection

Understanding Relationship Property: Mac & Abi's Journey.

Mac and Abi had been going out together for a year before they moved in together....

Trust Law & Wealth Protection

The Essential Legal Document – More Practical than a Will.

Enduring powers of attorney are one of the most essential legal documents that you can put in place. In many ways, even more practical than a Will. Tammy McLeod outlines a scenario to explain why....

Property Law

Basic Legal Propositions: Flooding and Landslides.

Recent weather events have produced some horrific stories that none of us would wish to encounter, with the consequences of the damage to be felt for many years. We thought it useful to set out some b...

Commercial Law

The Incorporated Societies Act 2022 ("2022 Act") – The next phase of the Incorporated Societies Act ("1908 Act")

It is no surprise that after 110 years, a piece of legislation undergoing a much-needed update would result in numerous changes. The 2022 Act was introduced with the primary goal of empowering societi...

Property Law

Lessons Learned from the Bank of Mum & Dad.

Despite a recent cooling of the market, New Zealand remains one of the most expensive places in the world to buy a home....

Trust Law & Wealth Protection

Why Trusts Still Matter for Protecting Family Assets.

Philip and Barbara had set their trust up when they owned their business, a small engineering firm which had been very successful....

Trust Law & Wealth Protection

The Power of Trusts: Safeguarding Your Assets and Planning for Tomorrow.

Andy and Susie had been together for six years and had one small child. Andy was a school teacher and Susie was an accountant....

Trust Law & Wealth Protection

Understanding Beneficiary Rights and Trust Obligations.

Geoff and Dianne set their trust up in the early 2000s when their children were in their primary school years....

Trust Law & Wealth Protection

Trusts, Tax and Australian Beneficiaries.

Mark and Jane had three children. Their eldest daughter had settled on the North Shore where Mark and Jane had brought up their family, one had married a South Islander and was now farming near Methve...

Commercial Law

Changes to the Fair Trading Act – What you Need to Know.

If you are a business owner, then you need to be aware of the upcoming changes to the Fair Trading Act ("Act"), and the potential impact it may have on your business....

Trust Law & Wealth Protection

A Blended Bind.

There has been a huge amount of publicity over the last week regarding recommended changes to the law around inheritance and wills....

Trust Law & Wealth Protection

The Impact of the New Trusts Act on Family Trusts.

It has been over two years since the new Trusts Act 2019 came into force (while enacted in July 2019, it didn’t come into force until January 2021). Peter and Jane hadn’t done anything abo...

Trust Law & Wealth Protection

Protection and Peace of Mind.

Paul and Beth had been married for 35 years. They worked hard all their lives and with their first grandchild on the way, were very much looking forward to retirement. The nest egg they had grown was...

Trust Law & Wealth Protection

Trust Law Update: Recommended Law Changes – Inheritance and Wills.

There has been a huge amount of publicity in the second half of 2023 regarding recommended changes to the law around inheritance and wills....

Redeployment Obligations.

More often than not, we find that when thinking about restructures, redeployment obligations are considered as an afterthought....

Property Law

Why Would You Need Relationship Property Advice?

You should seek Relationship Property advice if you are:...

Property Law

Retirement Village Living.

New Zealand’s ageing population has led to a proliferation of retirement villages, and the trend is only upwards. They’re a very convenient way of life for retired people with a vast range...

Trust Law & Wealth Protection

The New Trusts Act is Now in Force – Does Your Trust Comply?

The Trusts Act 2019 came into force on the 30th of January, bringing many new changes to Trust law as we know it....

Trust Law & Wealth Protection

Trust Law Update: A Good Time to Review Your Trust.

It is 21 months since the new Trusts Act 2019 came into force (while enacted in July 2019, it didn’t come into force until January 2021)....

Trust Law & Wealth Protection

New Disclosure Requirements for Trusts.

In December 2020, the Government enacted a number of new disclosure requirements for domestic trusts which came into effect on 1 April 2022....

Property Law

Living Under One Roof.

Max and Sharon had lived in the same house in Browns Bay for twenty years. They raised a family there, with their two children attending the local schools. Now both grown, Gemma, the eldest, was livin...

Commercial Law

Business and Mandates – What Now?

The government has recently announced that at 11.59pm April 4 2022, vaccination mandates for early childhood and education workers as well as businesses where a My Vaccine Pass is used (such as food a...

Commercial Law

10 Tips for Buying a Franchise.

(Spoiler: It’s all in the agreement) Buying a franchise can be a great way to get into business for yourself. It eliminates much of the uncertainty and risk of a traditional start-up. Capitaliz...

Trust Law & Wealth Protection

Parents Assisting Children Into Their First Homes – To Gift, Loan or Own?

Joe and Bianca had been married thirty years. They had two adult children, Mark who was 28 and Jenna who was 25. Mark had recently become engaged to Anna, his high school girlfriend and they were hopi...

Trust Law & Wealth Protection

The Risks of Not Updating Your Will After a Separation.

Grace and Robert had been married for twenty years. They had two teenage daughters and lived a lovely lifestyle between their beachfront property in Auckland and their holiday home in Omaha....

Commercial Law

Court Ruling - Wage Subsidy & Minimum Wage.

An aviation catering company (Gate Gourmet New Zealand Limited) who claimed more than $1.5million in wage subsidies, has lost at the Court of Appeal. The ruling, which was to do with how Gate Gourmet...

Property Law

The Resource Management (Enabling Housing Supply and Other Matters) Amendment Bill.

It sounds a mouthful, but simply put this Bill recently introduced into parliament seeks to rapidly accelerate the supply of housing in areas where the demand for housing is high. It does this by some...

Property Law

Avoid Property Agreement Pitfalls – Lawyer First, Signature Second.

Buying or selling properties can be stressful. Whether you are buying or selling property, your lawyer should be your first point of contact for several reasons....

Commercial Law

Employers – Get your Documentation Right and do it now.

Auckland is still in the thick of it as far as the impact of the pandemic on the workplace is concerned....

Commercial Law

Up to Date Documentation?

Jeremy Parsons, Director of Davenports Law, provides insight on 6 must ask questions.  ...

Property Law

A Bill has been introduced to parliament that inserts changes into all commercial leases.

Learn what this means for landlords and tenants.   These changes essentially insert into all leases clause 27.5 of the standard Law Society lease (more or less, not verbatim), which received pr...

Trust Law & Wealth Protection

Importance of an Independent Trustee.

Although there is no legal requirement for a New Zealand trust to have an independent trustee, it is a good idea to consider one for your trust. An independent trustee is an impartial trustee who does...

Trust Law & Wealth Protection

Why do you need a Will?

Do you have a bank account? Do you have a KiwiSaver account, own your own home or have life insurance in your own name? If you answered yes to any of these questions, then you need a Will. If you don...

Trust Law & Wealth Protection

The Value of Independent Trustees in Family Asset Protection.

Rob and Lyn had set up a trust fifteen years ago on the advice of their accountant. They owned their business 50/50 with another couple and at the time they set their trust up it was part of a restruc...

Trust Law & Wealth Protection

Reviewing Trusts and Wills for a Secure Future.

Bill and Jane were in their early ‘70s. They had been living in their house in Ponsonby for 35 years and that is where they had brought up their children....

Commercial Law

Sick Leave Days are Increasing.

The Holidays (Increasing Sick Leave) Amendment Bill (“Bill”) was introduced on 1 December 2020 and on 19 May 2021, the Bill passed its third reading. Changes will come into force two month...

Trust Law & Wealth Protection

Trust Law Update: new set of Obligations as Trustees of Trusts.

As we head into the new financial year and are getting to grips with a new Trusts Act, the IRD have put in place a new set of obligations for Trustees of Trusts....

Commercial Law

Minimum Wage Increase and Bereavement Leave.

From 1 April 2021, the minimum wage rates will be increasing. There are three types of minimum wage rates, which will all be increasing as follows:...

Property Law

Changes to the Bright-line Test and its Implications for Residential Property Owners.

  From 1 July 2024, the 5 and 10 years bright-line tests for residential land has been replaced by a new 2-year bright-line period. The changes in interest deductions will also have implications...

Commercial Law

Trademarks and Brand Protection

Creating a brand that is known and trusted by your customers can be integral to the growth and value of your business. In particular, having a brand that stands out and is recognisable to customers c...

Commercial Law

Buying a Successful Franchise.

Owning a franchise can be a rewarding way to earn a living. Done correctly it can carry less risk than starting a new business on your own. The success of a franchise business is largely dependent up...

Commercial Law

Commission Based Payment? Holiday Pay Implications.

Does your pay structure have a commission element? You may be exposed to significant Holiday Pay claims – new Court of Appeal case....

Commercial Law

The Benefits of Investing in Workplace Health and Well-being.

There are many reasons to invest in your team, and now the law requires it as well....

Trust Law & Wealth Protection

The New Trust Act, What you Need to Know.

Trusts are not static entities, so now is a good time to assess your existing trust and ensure it complies with the new Trust Act 2019, which came into force on the 30th of January 2021....

Commercial Law

Mondayisation.

What does it mean for employees and employers when a public holiday like Waitangi Day, Anzac Day, Christmas Day and Boxing Day fall on a weekend?...

Commercial Law

Privacy Law Reform.

New Zealand’s privacy laws are about to change. Our current law has struggled to keep up with the rise of extensive technological advances, which have transformed the way in which we collect and...

Commercial Law

Top Tips for Buying a Business.

Buying a business can be complicated. It's so important to gain a complete understanding of the process and to have someone on your side to help identify potential risks and know how to minimise them....

Trust Law & Wealth Protection

Trusts, More Important than Ever.

We hope that you are all well and safe in your bubbles. This is a challenging time for many of us, but it is also giving us the opportunity to re-prioritise and work out what is important....

Commercial Law

Workplace Problems.

Navigating your way through employment issues can often be a challenging and difficult time. As there are a variety of processes in which to address employment issues, it is important to ensure that a...

Commercial Law

Employment Policies and Agreements.

If you employ, or plan on employing workers, an important part of the relationship between you and your workers is their individual employment agreement. This agreement will outline the key terms and...

Commercial Law

Leave Entitlements.

In New Zealand, employees are entitled to minimum leave entitlements. Our team of expert employment lawyers can guide you through when and how these minimum entitlements arise, how they apply in pract...

Commercial Law

Contract Law.

Our business team regularly draft, negotiate and review various types of commercial contracts for clients. All of our contract law advice is tailored to the specific needs of you and your business....

Commercial Law

Technology Law, Internet Law and Brand Protection.

Whether you are a start-up or an established player, we have the expertise to help you navigate the fast-changing and increasingly complex technology space....

Commercial Law

Recovering Debt.

Have you sold goods or services to a company and still not been paid? The team at Davenports Law can support you through the debt recovery process and advise you on what options are available to you t...

Commercial Law

Business Finance.

One of the keys to running a successful business is ensuring you have adequate cash flows to meet the financial obligations of your business and maintain the flexibility to respond to new circumstance...

Commercial Law

How do I Buy or Sell a Business?

Are you looking to buy or sell a business but don’t really know where to start? Our business lawyers are experienced in advising on the sale and purchase of businesses and will help you do...

Property Law

What Should a Commercial Property Lease Cover?

We act for landlords and tenants when they want to enter into a commercial property lease. We are able to draft new commercial lease agreements, or review those that have been presented to you to sign...