FAQ

It depends on the work involved. Wherever possible we give a fee estimate or a fixed fee after the first conversation, explain what is and is not included, and tell you promptly if the scope changes. Our Terms of Engagement set out how fees, disbursements and GST are charged.

No. The first consultation is for understanding your situation and explaining your options. You are free to decide afterwards whether to proceed with us, and there is no pressure to do so.

New Zealand’s anti-money laundering law (the AML/CFT Act) requires lawyers to verify the identity of clients and, in many property and business matters, to understand where funds come from. It is a legal requirement for every law firm, not a reflection on you. Our AML page explains what we will ask for.

Yes. Lawyers owe their clients strict duties of confidentiality, and communications for the purpose of obtaining legal advice are generally privileged. We only share information with others, for example a surveyor or a bank, with your authority or where the law requires it.

Yes. Most work can be done by phone, email and video call, and documents can be signed electronically or witnessed locally. We regularly act for clients elsewhere in New Zealand and overseas, particularly in immigration, property and estate matters.

We aim to acknowledge enquiries promptly and keep you updated at each stage. If a matter is urgent, such as a deadline from Immigration New Zealand, a settlement date or a court document, tell us at the outset so it can be prioritised.

Money held for clients is kept in a lawyers’ trust account, separate from the firm’s own funds, and is paid out only on your instructions or as the transaction requires, for example on settlement. Lawyers’ trust accounts are subject to strict regulation and external audit.

Please tell us first so that we can put it right. Our Terms of Engagement describe our complaints process. You may also contact the New Zealand Law Society’s Lawyers Complaints Service if you remain dissatisfied.

No. The guides and articles on this website are general information and are not legal advice. The law changes, and the right answer depends on your circumstances, so please speak to a lawyer before acting.

You do not need one to apply for a subdivision consent, but the legal work around it is substantial: checking the title for covenants and easements, preparing the legal instruments, reviewing consent conditions, dealing with your lender and selling the new lots. Mistakes are usually expensive to correct once titles are issued.

The subdivision consent is the council’s permission, granted on conditions. After the survey plan is approved and the conditions are met, the council issues a section 224(c) certificate confirming that the conditions have been satisfied. Only then can the plan be deposited with LINZ and new titles issued.

An easement gives one property a right over another, for example a right of way, or a right to run drainage or services across a neighbour’s land. Easements are permanent unless they are formally varied or surrendered, so they should be drafted carefully, including who pays for maintenance.

Usually yes, under an agreement that is conditional on the issue of title by a sunset date. The agreement should deal with what happens if the date passes, GST, deposit handling and any changes to the plan.

Often it is, particularly if the subdivision is carried out as a taxable activity. The correct treatment depends on how the land was acquired and the structure of the project, and a mistake can be costly. We recommend settling it with your accountant before you sign any agreement.

Yes. New Zealand’s land taxing provisions can make profits from selling subdivided land taxable in some circumstances, for example where the land was acquired with the intention of resale or the owner is in the business of dividing land. Take advice from your accountant at the feasibility stage.

The options include negotiation, redesigning the subdivision, varying an existing easement and, in some cases, applying to the court under the Property Law Act 2007. We will advise on the strength of your position before you commit to a course of action.

It varies widely. A simple two-lot subdivision typically takes many months from consent to title, and larger developments take longer. Delays are most often caused by council processing, infrastructure works and surveying, rather than by legal documentation.

Before you sign. A sale and purchase agreement is usually binding once both parties sign it, and conditions and special terms are far easier to add beforehand than to fix later. Ask us to review the agreement and the title documents before you make an offer or bid at auction.

A Land Information Memorandum is a report from the local council on a property, including consents, permits, notices, rates and known hazards. It is not compulsory but it is often where unconsented work and planning issues first appear, so most buyers make the purchase conditional on a satisfactory LIM.

A conditional agreement only becomes binding when its conditions, such as finance, a building inspection or a LIM, are satisfied by the date stated. Each condition has a process for confirming or cancelling it, and getting that process wrong can leave you bound to a purchase you wanted to exit.

Generally not. Once an agreement is unconditional there is no automatic cooling-off right, and buying at auction is unconditional at the fall of the hammer. The protection comes from conditions and advice obtained before you sign.

Joint tenants own the property equally and, when one dies, the survivor automatically takes the whole property. Tenants in common hold defined shares, which pass under each owner’s will. The choice affects estate planning and separation, so it should be a deliberate decision.

Cross-leases can have defects such as buildings that are outside the lease plan, and unit titles bring body corporate rules, levies and, sometimes, remediation costs. We review the disclosure documents, plans and maintenance information so you know what you are taking on.

You must answer buyers’ questions honestly and must not mislead them, including by staying silent about significant matters you know of. The agreement also contains warranties about consents, notices and building work. Tell us about any unconsented work or known defects before you list so that we can advise.

It depends. Sales of residential property within the bright-line period (two years for property acquired from 1 July 2024), and sales by people in the business of dealing in property, can be taxable, and some exceptions apply. We flag the issue and recommend you consult your accountant.

Most overseas persons are prohibited from buying existing residential homes, with exemptions that include Australian and Singaporean citizens and residence-class visa holders who are ordinarily resident here. Rules for land, business assets and new builds differ and change over time, so confirm the current position before committing.

Yes. The standard form does not know your finance arrangements, the property's history or your plans for it. A lawyer's review turns a generic form into one that protects you.

A typical unconditional residential agreement settles in a few weeks. The timing is set by the agreement, and conditions, finance and title issues can lengthen it.

Not without the other party's agreement. Once conditions are satisfied the agreement is unconditional and each party must complete or face consequences, which can include interest, damages and, ultimately, forced resale with the shortfall recoverable from the defaulting party.

It depends on risk, tax, funding and your plans for the future. A company limits your liability but brings director duties; a sole trader or partnership is simpler but exposes your personal assets. We explain the options so you can choose before you start trading, because changing later is harder.

If there is more than one owner, yes. It records how decisions are made, how shares can be sold or valued, what happens on a deadlock or a shareholder’s death or divorce, and how the owners protect the business. It is far easier to agree these terms at the start than during a dispute.

Under the Companies Act 1993 directors must act in good faith and in the company’s best interests, exercise reasonable care and skill, not trade recklessly and not incur obligations the company cannot meet. Directors can face personal liability for breaches, so take advice early if the company is under financial pressure.

Review the financial records, contracts, lease, employment arrangements, regulatory compliance, intellectual property and any debts or security interests registered against the assets. Due diligence should be finished before the agreement becomes unconditional, and the agreement should include appropriate warranties.

Check the term and renewal rights, rent review method, outgoings, make-good obligations, rights to assign or sublet, and any personal guarantee. Unlike residential tenancies, there is little statutory protection, so the lease document is critical.

Start with a clear letter of demand. If that fails, options include a statutory demand against a company, the Disputes Tribunal for claims up to $30,000, the District Court for larger claims, and in some cases enforcing security you hold. The best approach depends on the amount, the debtor and the quality of your records.

It is a formal written demand for payment of a debt, served on a company under the Companies Act 1993. The company must pay within 15 working days or apply to the court to set the demand aside. If it does neither, the creditor can apply to put the company into liquidation.

Yes. Good terms set payment terms, late-payment charges, limits on liability, retention of title over goods supplied and how disputes are resolved. Terms of trade that are not properly incorporated into the contract are difficult to enforce, so the process for bringing them into agreements matters too.

Yes. We advise on trade mark registration, ownership of commissioned work such as logos, websites and software, confidentiality agreements and restraints of trade for staff and sellers of businesses.

Registration is simple, but the decisions behind it (shareholdings, director roles, the constitution and a shareholders' agreement) are legal decisions that are hard to undo.

You can, and many businesses do, until a dispute arises. Templates are rarely tailored to New Zealand law or to your risks. A once-off investment in good terms of trade usually pays for itself.

Sometimes it is unavoidable, but the scope, cap and duration can often be negotiated. We explain the exposure before you sign.

Before you send an angry email or a formal threat. How the first communications are worded can strengthen or weaken your position later.

Yes, if you want to decide who inherits your assets, who administers your estate and who looks after your children. Without a valid will, the law fixes the outcome under the intestacy rules, and the result may not be what you would have chosen.

Whenever your circumstances change: marriage, a new relationship, separation, children, buying or selling property, starting a business, or the death of a beneficiary or executor. Marriage or a civil union generally revokes an earlier will unless it was made in contemplation of that event.

It is a document that lets someone you trust make decisions for you if you lose capacity. There are two types: one for property and finances, and one for personal care and welfare. Without one, your family may need to apply to the Family Court, which is slower, costlier and public.

A trust holds assets for the benefit of others, managed by trustees under a trust deed. Trusts can assist with succession planning, protecting assets and providing for family members, but they involve costs, ongoing duties and tax rules, and they are not suitable for everyone. We discuss your goals before recommending one.

Under the Trusts Act 2019, trustees must know the terms of the trust, act in accordance with them, act honestly and in good faith, act for the benefit of the beneficiaries and use their powers for a proper purpose. They must also keep core trust documents and provide basic information to beneficiaries.

Probate is the High Court’s confirmation that a will is valid and that the executor has authority to administer the estate. It is usually needed where a deceased person owned property or substantial funds in their sole name. If there is no will, the equivalent is letters of administration.

Yes. Spouses, partners, children and some other family members can claim under the Family Protection Act 1955 if a will fails to make adequate provision for them. Others may claim under the Law Reform (Testamentary Promises) Act 1949. Strict time limits apply, so seek advice promptly.

If it is owned as joint tenants, it passes automatically to the surviving owner. If it is owned as tenants in common, the deceased’s share passes under their will. If it is owned by a trust, it stays with the trust. How the home is owned matters as much as what the will says.

Not always. Courts can look at how a trust has been used and, in some situations, bring trust assets into account, particularly where one partner has kept effective control. Protection depends on when and why the trust was established and how it is run.

Yes. A trust deals with trust assets only. Your will deals with everything in your own name, appoints guardians and often ties in with your trust arrangements.

You can, but a will must meet formal requirements to be valid, including being signed in the presence of two witnesses who are not beneficiaries. Homemade wills commonly cause disputes over unclear wording.

Straightforward applications can be granted within weeks, but complex estates, disputes or overseas assets take longer.

Someone trustworthy, organised and willing. Many people appoint a family member and a professional together. We can explain the pros and cons.

Under the Property (Relationships) Act 1976, relationship property is generally divided equally when the relationship ends. It includes the family home and chattels and property acquired during the relationship, while property owned before the relationship, gifts and inheritances are generally separate, unless they have been mixed with relationship property.

Generally yes, once a de facto relationship has lasted three years, or there is a child, or one partner has made a substantial contribution. Shorter relationships can still be covered in some situations, and the same rules apply to same-sex couples.

Two years. New Zealand has a no-fault system in which the only ground is that the marriage or civil union has broken down irreconcilably, established by living apart for two years. A dissolution order ends the marriage but does not deal with property or children.

Not necessarily. Most matters settle by negotiation or mediation, and agreements can be recorded in writing. For a relationship property agreement to be binding, it must be in writing and signed, and each person must have independent legal advice with the lawyer certifying the agreement.

It is a government-funded mediation service that parents must usually try before applying to the Family Court for a parenting order. Exceptions apply in urgent cases and where there has been family violence.

Not without the agreement of the other guardian or a court order. Relocation decisions turn on what is best for the child. We advise you on how to negotiate a proposal, and on applying to the court if agreement cannot be reached.

Inland Revenue assesses child support using a formula based on each parent’s income and the care arrangements for the child. It is separate from parenting arrangements, and parents cannot simply agree to waive the child’s entitlement.

You can apply to the Family Court under the Family Violence Act 2018, and in urgent situations the application can be made without notice to the other person. If you are in danger, call 111. We can help you assemble evidence and plan for your safety.

Legal aid is available for some family matters if you meet financial eligibility criteria and the matter is covered. Legal aid may have to be repaid in some circumstances. We can explain whether you are likely to qualify and how to apply.

New Zealand uses the term dissolution of marriage. It applies once you have lived apart for two years.

It is generally shared equally as relationship property, but how this is achieved depends on whether one partner can buy out the other, whether the property is sold, or whether there are children who need to stay in the home.

Not necessarily. Many matters are resolved through negotiation or mediation, and a court is required only to make binding orders where agreement is impossible.

No. A lawyer cannot act for both partners in a relationship property settlement. Each of you needs independent advice for an agreement to be binding.

Only licensed immigration advisers and lawyers holding a current practising certificate may give immigration advice. Unlicensed agents commit an offence, and poor advice can cause your application to be declined or lead to a ban. Always check who is advising you.

It is the main employer-sponsored work visa. The employer must be accredited by Immigration New Zealand and complete a job check, and the worker applies for the visa. The visa is usually tied to a specific employer and role, so changing jobs generally requires a variation of conditions first.

Apply for a new visa before the current one expires. If you do, you may be granted an interim visa that keeps you lawful while the application is processed. If your visa has already expired you are unlawful in New Zealand and your options become narrower, so contact us immediately.

It is a letter from Immigration New Zealand telling you that an officer has a concern that could lead to a decline and giving you a short time to respond. A thorough, well-evidenced response is often your best chance to change the outcome, so seek advice straight away.

It depends on the visa and your circumstances. Options can include reconsideration, applying again with stronger evidence, an appeal to the Immigration and Protection Tribunal, judicial review or a request to the Minister. Time limits can be short, so act promptly.

You must show that you live with a New Zealand citizen or resident in a genuine and stable partnership, and normally that you have lived together for 12 months. Evidence of shared finances, accommodation and daily life is critical. We help you assemble it and explain any discretion.

Not necessarily, but you must disclose them. Immigration New Zealand assesses good character and acceptable standard of health, and waivers exist in some cases. Failing to disclose something is generally worse than the issue itself.

Visa status and overseas investment rules are separate. Most overseas persons cannot buy existing homes, with exemptions that include some residence-class visa holders who are ordinarily resident here. Check your position before you commit to a purchase.

Verify that every worker has the right to work in the role, keep proper records, comply with employment law and visa conditions, and respond promptly to audits. Employing someone without the right to work, even unknowingly, can lead to penalties.

It varies by visa type, volumes and the completeness of your application. A complete, well-evidenced application avoids delays caused by requests for further information.

It depends on your current visa and the type of application. If your visa allows work, an interim visa generally continues the same conditions. Check before you rely on it.

Employers can support your application but usually cannot apply on your behalf. Residence is a personal application, and the pathway depends on your own profile.