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1. Myth: “The Property Relationships Act applies after 2 years!” - Wrong Generally, the time period for a relationship to become what is known as a qualifying relationship under the Property (Relationships) Act 1976 is 3 years from the commencement of the relationship. This time period can be shorter if there is a child in the relationship or the applicant has made a substantial contribution to the relationship. The 2 year period is the period a married couple must be separated before the marriage can be dissolved (i.e. divorced). 2. Myth: “It’s my property – I can leave it to whomever I want!” Wrong (sort of) This statement highlights the tension between what lawyers refer to as “testamentary freedom” that a Will-maker has and rights certain persons have under various statutes and law. While it is true that a Will-maker can do what they want with their property, this is not absolute. A Court can order a different distribution where a Will-maker fails in what is known as their “moral duty” to make “proper maintenance and support” for family members. In addition partners have rights under the Property (Relationships) Act 1976, and the Law Reform (Testamentary Promises) Act 1949 can assist persons to whom the Will-maker has made promises to provide for them in return for work or services done in the Will-maker’s lifetime. The rules of equity may also affect the Will-maker’s testamentary freedom. 3. Myth: “I’ve been in a relationship for 30 years so surely I can make decisions for my partner who has lost mental capacity!” – Wrong Despite the length of a relationship (marriage/de facto/civil union) if one of the partners loses mental capacity the other partner has no right to make decisions for their incapacitated partner in relation to their property and/or their personal care and welfare, unless the incapacitated partner has completed Enduring Powers of Attorney. If the incapacitated partner has not completed Enduring Powers of Attorney applications to the Family Court will need to be made for the appointment of a Property Manager (or Administrator if there are not significant assets) and a Welfare Guardian. 4. Myth: “I can buy/sell a house without a lawyer involved” – Wrong (sort of) In theory, a layperson can buy or sell a home without the involvement of a lawyer but (and it is a big but) it would be very difficult to do so (not to mention the risk of doing so). If bank lending is involved, the bank will insist on the involvement of a lawyer to act on its behalf and may even decline to lend if a buyer is not legally represented. Even if the bank was prepared to lend it is likely it and its lawyers would impose so many conditions and requirements (in order to protect the bank’s position) that it may be practically too difficult for a buyer act for themselves. Furthermore, with the land register now being predominantly electronic, relying on lawyers with the requisite certifications, it will be difficult for a non-licenced person to transact the registrations. Again, in theory, these can be done manually in paper form but the formalities involved in doing so is likely to make it practically difficult (if not impossible) for a buyer or seller to do so. This is general information about the current law, not advice on a specific matter. Article by: Kevin Callinicos

After 135 years in Hawke's Bay, the community is just part of how the Willis Legal works. With offices in Napier and Hastings, we are never far away from helping you with any legal matter.

Buying your first home? We've helped hundreds of people through this exact process. Our free First Home Buyers' Guide covers everything you wish you knew before you started.

We're pleased to shine a light on Harry Calcott, a solicitor in our Property Team. If you've worked with Harry Calcott , you'll know he has a knack for making complicated processes feel straightforward. As part of our Property Team, based in our Hastings office, Harry guides clients through some of the biggest moments of their lives, and he brings genuine care to every step of the way. Although, Harry didn't set out to be a property lawyer. The plan, when he graduated with his Bachelor of Law and Commerce, was criminal law. He spent time as a law clerk with the Public Defence Service, a grounding experience that gave him an early look at the realities of legal practice, but somewhere along the way, something shifted. "I realised I was drawn to helping clients through positive milestones rather than difficult disputes," he says. The work of guiding people through important life events, buying a home, planning for the future, felt more like where he was meant to be. His commerce background turned out to complement property law naturally, and what might have looked like a change of direction began to feel inevitable. Sometimes the path surprises you. For Harry, one of the most rewarding parts of the job is sitting across the table from a first home buyer. He knows the process can feel overwhelming, and he's deliberate about making it feel anything but. "I try to provide as much information and reassurance as possible to make the process straightforward and stress free." What keeps it meaningful, he says, is the people themselves, the excitement and optimism that first home buyers bring with them is something that never gets old. "It's a privilege to be part of such an important milestone in their lives." Harry made the move from Wellington to Hawke's Bay to join the Willis Legal team, and by the sound of it, he's settled in well. If you're visiting him in the region, he'll take you to Sutto for the eggs benedict or Kami for sushi, then walk you around Windsor Park. It's a low-key itinerary that suits him; good food, fresh air, no fuss. The weekends follow a similar pattern. Good food, sport, time outdoors when the weather allows, and getting organised for the week ahead, plus the odd trip back to Wellington to visit friends and family. For someone who spends his working days helping clients prepare for the moments that matter most, a little structure away from the office clearly goes a long way. Harry is a solicitor at Willis Legal. If you're buying your first home, planning for the future, or simply want someone in your corner who'll make the process feel manageable, get in touch with us today.

People often get confused by the way we lawyers speak. Part of our job is to communicate with you in a way you understand, not to sound smarter than we are. We try our best to break it down in a way that you can understand, but sometimes we can’t avoid it, especially when the jargon comes from a contract, legislation, or Land Information New Zealand requirements. Knowing what these terms mean is important to ensure that you understand your options and rights, a deadline is not missed, or you do not walk out of a meeting expecting a different outcome. It does not help that some of our jargon is different to America and what you see on television. I asked my friends and family what terms they hear me using and think “I have no idea what you are on about”, and I have collated them and translated them. These are just a few examples. Contact one of our esteemed legal professionals if you have any other specific questions for a breakdown. Legal jargon and their translation Client The individual or entity receiving legal advice or representation. Solicitor/Barrister A person who has completed the educational qualifications and character requirements to be admitted to the “bar and holds a practising certificate”. Generally referred to as a lawyer. In New Zealand, unlike in some other countries, all solicitors are also barristers. Caveat A formal notice lodged on a property title to protect your interest in the property. It acts like a flag on the property title, preventing the registered owner from doing anything with the property until the caveat is removed. Intestate When someone dies without leaving a valid will. Memorandum A formal written document that is filed in court proceedings, used to talk to a judge, generally setting out your position or proposed next steps. Often referred to as a memo. Probate The legal process of obtaining a grant from the High Court of New Zealand to allow the executor to administer the deceased's will. This application is only required if the deceased has one asset valued at more than $40,000. Attorney A person you appoint to make decisions and/or manage your property on your behalf. This can either be from the date you sign your Enduring Power of Attorney documents or come into force once you lose capacity. In America, an attorney is a qualified lawyer. Executor The person named in a will who is responsible for administering and distributing the estate. Deed A formal written document that is signed and witnessed in a particular format. A Deed, unlike a contract, does not require each party to give or promise something in return(consideration). Common types are a Deed of Trust or a Deed of Lease. Affidavit Your written statement of facts is used as your evidence in legal proceedings. By signing, you swear (on the bible) or affirm (make a solemn declaration) that the contents are true. Purchaser The party buying the goods or services from another party. Vendor The party selling the goods or services to another party. Tenants In Common A way for two or more people to own property together in defined shares. Record of Title The land record that proves ownership of land and the rights and restrictions that apply to the land. Chattels Moveable items of personal property. Things you can pick up and take with you. Conveyancing The legal process of transferring property ownership from a seller to a buyer. Counsel The lawyer providing the legal advice and representation in court. Covenant A legally binding agreement against your property title that dictates how you can use, develop, or maintain your land. Disclosure The legal obligation to provide all relevant information and documents to another party. Written by: Laurel Williams

If you manage a rental, there’s a date worth marking. As of 29 June 2026, bond transactions will go digital and paper forms will be phased out. This follows Tenancy Services’ announcement that after this date, they will be moving remaining bond transactions online through their portal ‘ Bond Hub ’. What’s changing? Refunds Change of tenant Change of landlord Viewing/updating your details Registration of bonds moved online in December 2025, paving the way for these other services to follow. The benefits of these changes Faster - Once all parties agree, transactions can be processed straight away Simpler - No paperwork or manual handling More reliable - Fewer errors and delays, with easier fixes More transparent - Track progress in real time Instead of waiting weeks for a posted paper refund form, or out of date contact details affecting slow communications, tenancy transactions can be processed quickly online. Both parties can keep a record of bond transactions. For example, tenants decide to move out, and you are asked for a bond refund. You can complete this process online as agreed, and the money is released quickly, making for a seamless transaction. This will help landlords in those hurried weeks where tenants move out to get everything sorted. When processing a bond refund, it would be sensible to agree on a bond refund amount before lodging to avoid creating extra work for yourself. Tenancy Services won’t be processing bulk change of landlord requests going forward. These will need to be registered individually through their self-service function on Bond Hub or your property management software if it supports this. You will need to get registered with Bond Hub if you haven’t already and familiarise yourself with the changes. You may already be using existing property management software with refund functionality built into its system and wondering how these services will interact. It would be sensible to discuss this with your current property management software provider to understand what these changes mean for you. What you should do now Register for Bond Hub Review how you are currently communicating with your tenants Complete bond transactions through Bond Hub going forward What to tell your tenants Register for Bond Hub Communicate that bond transactions will be completed through Bond Hub going forward Encourage tenants to keep their email addresses and phone numbers up to date on Bond Hub Ask tenants to keep their tenant number somewhere safe In the Hawke’s Bay, we know many local landlords handle their tenancies themselves. These changes will have great benefits for you. Getting set up early will help avoid a chaotic few weeks after 29 June 2026. As with any changes, there’ll be a learning curve. However, the process should be more streamlined once you’re set up. Our team are happy to guide landlords through the new tenancy processes. If you have any questions regarding your obligations as a landlord, we’re here to help.  Written by: Harry Calcott

When a business changes hands, the headlines are usually about the sale price. But the true value of any deal is determined well before and long after that number is agreed. The steps that protect your interests and secure long-term value happen off the front page. Here are the four areas that most often determine whether a deal succeeds or falls short. Thorough due diligence Financial performance is just one part of the picture. A thorough due diligence process should examine contracts, compliance, and liabilities. Employment agreements, tax obligations, and regulatory responsibilities all need careful review. Deals can look good on paper, but if businesses have unresolved issues buried in their contracts, these issues can quickly become costly if they’re not identified early. The goal is not to tick boxes, but to uncover risks before they become your liability. Cultural and people fit A sale or acquisition isn’t just a financial transaction. It’s a human one. Misaligned values, management styles, or staff expectations are among the most common reasons deals fail to deliver on their promise. Morale, retention, and productivity all suffer when people on both sides of the transaction are not brought along carefully. Understanding how a business operates, what drives the team, how decisions are made, and what the culture expects is essential for a successful handover. Regulatory and compliance sign-offs Depending on the nature of the deal, you may need approval from regulatory bodies. This could include the Commerce Commission for competition law, the Overseas Investment Office if foreign ownership is involved, or sector-specific regulators such as the Financial Markets Authority or Ministry for Primary Industries. These processes take time and approval is not guaranteed. Engaging legal counsel at the outset keeps the transaction on track. Post-deal integration Once the sale is complete, the real work begins. Integrating systems, updating branding, and communicating with customers all require planning. If these steps are rushed or overlooked, it can lead to confusion, disruption, and lost business. Integration planning should begin before the deal is finalised, not after. Decisions about payroll, IT systems, customer communications, and supplier relationships all benefit from early attention. A well-prepared plan signals stability and protects the goodwill that makes the business worth acquiring in the first place. The businesses that get the most from a sale or acquisition are those that treat the process as more than a transaction. They invest in due diligence, manage the human dimensions carefully, address regulatory requirements proactively, and plan integration from the outset. Expert legal, financial, and operational advice, sought early in the transaction, makes this possible. Willis Legal has advised on business sales and acquisitions across a range of sectors and deal structures. We bring practical, commercially focused legal advice to every stage of the transaction. From initial structuring and due diligence through to settlement and beyond, we’re here to support our clients throughout their journey. If you are considering buying or selling a business, contact our team to discuss how we can help you achieve the outcome you are looking for.

Contracts are the backbone of any business relationship. Whether you're hiring a supplier, entering a partnership, or signing a lease, the fine print matters. A strong contract sets clear expectations, protects your interests, and helps things run smoothly. A weak one? That’s where risk, confusion, and unexpected costs can creep in. We often see businesses run into trouble not because they didn’t have a contract, but because the contract wasn’t clear, balanced, or fit for purpose. Here are a few things to keep in mind before you sign: Clarity is key Vague terms like “reasonable effort” or “as soon as practicable” might sound harmless, but they leave too much room for interpretation. If it’s not clear, it’s open to dispute! Make sure your contract spells out exactly what’s expected: who’s doing what, when, and how. The more precise the language, the less chance of misunderstanding down the track. Know your way out Every contract should include a clear exit strategy. Without proper termination clauses, you could find yourself stuck in an arrangement that no longer works for your business. Look for details around notice periods, early termination rights, and what happens if things go wrong. Watch for hidden liabilities Some contracts include indemnities, unlimited liability, or personal guarantees that can expose you to more risk than you realise. These clauses can have serious financial consequences, especially if something goes wrong. Before you sign, make sure you understand what you’re actually agreeing to, and what you could be held responsible for. Be clear on IP and confidentiality If your business is creating content, designs, software, or other intellectual property, make sure the contract spells out who owns what. Confidentiality, protecting your trade secrets, client data, and other sensitive information is essential. This is especially important under the Privacy Act 2020, which sets clear rules around how personal information is collected, stored, and shared. Understand the legal landscape In New Zealand, certain laws apply whether they’re mentioned in the contract or not. For example, the Consumer Guarantees Act 1993 and Fair Trading Act 1986 may still protect your customers, even if your contract says otherwise. If you’re contracting with individuals or providing goods and services to the public, it’s worth checking how these laws apply. Also, make sure your contract specifies that New Zealand law governs the agreement and that any disputes will be resolved locally. If the other party is overseas, this helps avoid confusion and costly jurisdictional issues. Don’t forget force majeure If events beyond your control, like natural disasters (which New Zealand has had a fair few of recently) or pandemics, could impact your ability to deliver, make sure your contract includes a force majeure clause. These aren’t automatically implied, so they need to be written in. Practical tips Always get contracts reviewed before signing. Don’t be afraid to negotiate—it's easier (and cheaper) than fixing problems later. If something matters to your business, make sure it’s written down. Final thought Strong contracts don’t just protect your business; they give you peace of mind. They help you build better relationships, avoid surprises, and stay focused on what you do best. If you’re unsure about a contract or want help reviewing one, our team is here to make the process simple and straightforward. At Willis Legal, we’re always ready to listen, ready to explain, and ready to help!

We're pleased to shine a light on Janet Vaiusu-Tuala, an Associate in our Family Law team. Janet brings something distinctive to her practice: a deep sense of purpose rooted in her identity as a Samoan lawyer. For Janet, the role is more than a professional title. It means carrying her aiga, her community, and her culture into spaces where Pasifika people have not always been seen, heard, or understood. "It's a responsibility," she says simply. That sense of responsibility extends to every aspect of her work. Janet is passionate about social justice and driven by the real impact that inequitable systems have on families and future generations. Advocacy is central to how she practises, standing beside individuals in difficult moments, while also contributing to a legal culture that is more fair, inclusive, and responsive to diverse communities. It might surprise people to learn, she notes, that family law is less about legal battles and more about advocacy, care, and cultural awareness. "The work requires balancing strong legal positioning with empathy and a focus on long-term wellbeing, especially where inequity and power imbalances are present." That "this is why I do it" feeling? Janet knows it well. "When clients are able to walk away from a case with their desired outcome and their mana intact." Outside of work, Janet is a mum of four, and her afternoons and weekends are filled with kids' sports, family commitments, and church activities. She coaches the M.A.C U7 rippa team alongside her sister Foga, sits on the Kainga Pasifika Board, and has just completed RCIA with the local Hastings Parish. When she does get a moment to herself, she jokes that rest is the goal. When it comes to coffee, you'll find her at Ka Pai Cuppa Waka coffee cart in Flaxmere, or at Kindred Road and Cupple in town. When asked about the biggest influences on her career, Janet doesn't hesitate: "My faith, my family and inequity."

If you’re navigating a separation and would like to understand whether this option could help, our team is here to talk it through.

We’re pleased to shine a light on Marta Black, an Associate in our Dispute Resolution team. Since joining Willis Legal in 2022, Marta has become a valued member of our Dispute Resolution team. She is known for her calm, thoughtful approach, and her ability to bring clarity to even the most complex disputes. Marta works across a wide range of civil litigation, with a particular focus on contentious trust matters and complex relationship property disputes. These areas often involve significant assets and sensitive family dynamics, and Marta is recognised for the steady guidance she brings to her clients throughout the process. Marta appears regularly in the range of courts in the civil jurisdiction. Before entering practice, she worked as a Judge’s Clerk at the High Court. That experience gave her a strong foundation in legal analysis and a close understanding of how complex decisions are made, something that continues to shape her work today.  When asked what motivates her, Marta says she is driven by the challenge of providing accurate, timely, and practical advice. She enjoys the intellectual side of litigation and the satisfaction of solving difficult problems. “ I enjoy a complex puzzle and looking at a problem from all angles to find a solution that delivers results for our clients ,” she says. That mindset has seen her navigate some memorable matters, including acting in a contentious company dispute involving prejudice to shareholders, which ultimately led to a formal proof hearing in related relationship property proceedings. Another standout was a six‑week breach of contract trial in Auckland. It was hard‑fought, strategically demanding, and ultimately successful. Outside work, Marta enjoys the best of Hawke’s Bay life. She loves spending time with her young family and their two beagles, heading to the beach, and embracing her new hobby of camping (or glamping, as she admits with a smile). When asked what she finds most rewarding about her role, her answer is simple: “ Interesting work, with good people .”