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Resource Legislation Amendment Bill 2015

The Resource Legislation Amendment Bill was introduced to Parliament on 26 November 2015. The submission process is well underway with the Select Committee receiving submissions until Monday, 14 March 2016.

The Bill’s main purpose is ‘to create a Resource Management system that achieves the sustainable management of natural and physical resources in an efficient and equitable way.’ In the last election the current government was very clear in its desire to make changes to the Resource Management Act, and related legislation, to try to speed up and simplify Resource Management Act processes.

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Manager training worker for health and safety measure

The Health and Safety at Work Act 2015 comes into force on Monday, 4 April this year. Since the Pike River tragedy thrust workplace health and safety firmly into the limelight we have published several articles outlining the likely changes to health and safety law.

We thought it would be a useful exercise to summarise the main changes that have been made and how they will affect the rural community.

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Your Will

funeral

Who pays for your funeral?

Most Wills have a clause directing the executors to pay funeral expenses as well as other usual estate liabilities. Often there is also a clause saying whether you want burial or cremation. Are these directions binding?

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familyargument

How you can help avoid a claim on your own estate.

In December 2015 the Sunday Star Times reported on a dispute amongst the members of the Ropati family in respect of their mother’s estate. The article contains the following statements:

“Figures released by the Ministry of Justice show that the number of disputes over wills rose by nearly a third in just two years … In 2012 there were 252 contested wills, and last year the figure reached 325 … Claims against estates can be brought by widows, widowers, de-facto partners, children, step-children and grandchildren … A claimant has to prove that the deceased failed to discharge a moral duty to provide for him or her … In one extreme case, two sisters battling over their mother’s $80,000 estate took their fight to the Supreme Court … The dispute between Judith Guerin and Marta Hayes lasted more than five years.”

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Business Briefs

pregnancy

Employment law changes: are you up-to-date?…
the government has introduced the Employment Standards Legislation Bill to Parliament.

Update on financial markets overhaul…
The Financial Markets Conduct Act 2013 is in the process of completely overhauling New Zealand’s financial markets laws.

Incorporated societies reform ahead…
There are more than 23,500 incorporated societies in New Zealand that are currently governed by the Incorporated Societies Act 1908.

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Significant changes for organisations with volunteers

In last year’s Spring edition we included an article on the proposed reform of New Zealand’s health and safety law. The new law will come into force on Monday, 4 April this year. Despite some of the originally proposed changes being watered down in the final stages of drafting the new Act there will still be significant effects for you, your business or your organisation. This article looks specifically at implications for organisations with volunteers.

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insolvent

The Fences & Kerbs case may help you

As we approach the first anniversary of the Supreme Court’s decision in what is known as the Fences & Kerbs case (1) where three appeals were heard and ruled on together by the Supreme Court, we revisit the significance of the decision for creditors of insolvent companies and voidable transactions.

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Despite a post-quake construction boom in Christchurch, an unprecedented number of building firms are going bust. Reports surfaced earlier this year of almost 100 rebuild-related companies having been placed into liquidation since the February 2011 earthquake, owing tens of millions of dollars. Some relatively high profile companies have fallen victim in recent times, emphasising that even large, well-established businesses are not immune to poor management and the vagaries of the rebuild market.

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