By Kevin Callinicos

Attorneys’ duties under Enduring Powers of Attorney

A recent judgment issued by the Court of Appeal has clarified the duties of an attorney under an Enduring Power of Attorney (“EPOA”) in relation to Property, particularly in circumstances…

By Kevin Callinicos

Residential Tenancies – Smoke Alarms and Insulation

Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016 http://legislation.govt.nz/regulation/public/2016/0128/latest/ come into force on 1 July 2016, although some parts are deferred.  This article will discuss, in general terms the regulatory…

By Kevin Callinicos

Trustees Duty of Disclosure to Beneficiaries

The issue of what duty trustees hold to beneficiaries to disclose information relating to the Trust is a topical issue. In 2013 the Law Commission included as one of its…

By Kevin Callinicos

What is a Limitation As To Parcels?

The judgment of Justice Gendall issued on 18 February 2016, in Forde v Li discusses, among other issues, the legal nature of a “limitation as to parcels” on a title…

By Kevin Callinicos

Conditional Contracts for Sale of Land (Revisited)

In May 2010 we reported on the Court of Appeal decision in Mana v Fleming which restated the well understood legal principle that “a person who has the benefit of…

Asset Protection/Family Trusts By Kevin Callinicos

Long Term Residential Care Subsidies – Gifting

You may have read that the Government abolished gift duty from 1 October 2011. This has led to the common perception that an individual may now make a gift exceeding…

Asset Protection/Family Trusts By Kevin Callinicos

Removal of Trustee

The High Court decision Wallace v Naknok highlighted some difficulties that can arise when circumstances change following the formation of a Trust. The essential facts of this case are as…

By Kevin Callinicos Property

The importance of obtaining a Land Information Memorandum

The importance of obtaining a LIM when purchasing a property has been reinforced by the Supreme Court judgment Marlborough District Council v Altimarloch Joint Venture Limited  issued on 5 March…

By Kevin Callinicos Estate Planning

The importance of having a Will

The recent Judgment of the High Court is a timely reminder of the need to regularly review your Will, or if you have a Will, to update it. The background…