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Planning the Next Chapter: Navigating Retirement with Confidence

Enduring Powers of Attorney (EPA), Estate Planning, Retirement Planning, Senior Living, Succession Planning, Wills & Estates
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Waipa is becoming one of New Zealand’s most attractive retirement destinations, with new retirement villages reflecting a growing community preparing for the next chapter of life.

For Steve, this became personal when his grandmother started talking about leaving the family home she had lived in for over 40 years. It wasn’t just a house to her — it was where she raised her children, hosted countless Sunday dinners, and built a lifetime of memories. The idea of moving brought both practical questions and a deep sense of emotion for the whole family.

Steve noticed that while his grandmother was ready for a simpler lifestyle, she was unsure about what came next — whether to downsize, consider a retirement village, and whether her legal affairs were still in order.

Together, they discovered her Will hadn’t been reviewed in many years and no longer reflected changes in her family or her current wishes. It was a gentle reminder of how easily these documents can become out of date over time. They also spoke about Enduring Powers of Attorney, ensuring the right people could step in if needed, and the importance of carefully understanding retirement village agreements before making any decisions.

Taking the time to get everything in order gave Steve’s grandmother real peace of mind. It also reassured Steve and the rest of the family that her wishes were clear and would be respected.

With the right planning and legal guidance from the team at Edmonds Judd, what initially felt overwhelming became a clear, supported transition — allowing Steve’s grandmother to focus on enjoying her next chapter with confidence, comfort, and security.

 

Rachael Beattie

To Share and Share alike

Business Law, Contracts and Agreements, Due Diligence, Legal Guidance, Shareholder Agreements
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It was just another Monday, as Simon entered his law office, looking forward to slaking his thirst with a comforting cup of tea. He shrugged off his suit jacket and hung it up. While he waited for his computer to wake itself for the day ahead, he made himself a cup of tea.

 

He was just about to have a sip, when the phone rang. He put the tea down. Reception told him that someone was here to see him, no appointment in place, but it was apparently urgent. Taking a last look at his untouched drink, he went downstairs and shook hands with Reggie, who was flustered, Sally’s cousin.

 

“I’m joining someone in an engineering business, it’s all got to be done by tomorrow for some reason, and I’ve got all this paperwork to sign. In fact, I’ve already signed it and was going to hand it over, but Lory said I better come and see you first. Well, she demanded it.”

 

Simon sat Reggie down in an office, and had a look at the papers provided. Reggie was joining two other people in a company which ran the engineering business, he was going to take over from a current owner, and this all had to happen by 31 March for tax reasons. Simon went back to his room, grabbed his favourite pen, ignored the cold cup of tea on his desk, and returned to an expectant Reggie, who said: “We’re all good to go, aren’t we, can I just pay the money and get on with it?”

 

Simon put down the documents, looked at Reggie, and took a deep breath. “Reggie, there are some really important things to think about first:

 

Due Diligence – how well do you know the people you are going into business with? Do they have experience in the industry, in this company, do they have a good reputation? Are they financially sound, can they help bail the company out of trouble if necessary, have they had money problems in the past?

 

Shareholder Agreement – it is essential that you and the other owners sign an agreement which sets out expectations of each other, whether you will need to put more money into the business, who makes decisions, and when do you all have to agree.

 

You should commit to a timeframe where no one can pull out of the business, and if they do they must offer the shares to each other.”

 

Reggie’s eyes were wide open. “Thanks for this, I’ll have a good chat with the others, I won’t sign anything, and I’ll come back and see you shortly.”

 

Simon waved him goodbye, and poured himself a cup of tea. He knew that was not the end of this story.

 

 

Simon Brdanovic

Rob & Jess Take the Next Step: From Farm Assistants to Sharemilkers

Agribusiness, Employment Law, Legal Guidance, Property & Farming, Rural
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Rob and Jess have been working as farm assistants for Bob for the past 3 years.

Bob is wanting to take a step back from the day-to-day running of the farm and has proposed that Rob and Jess take a big step up and share milk his farm.

This is a dream come true for Rob and Jess but it is also a bit overwhelming – there is so much to think about and organise.

They need to sign a sharemilking contract, buy cows and machinery and hire staff, as well as find a way to pay for everything!

It is all very new to Rob and Jess and they want to make sure that they are setting themselves up properly.

Rob and Jess meet with their lawyer who advised them on the sharemilking contract, drafted a stock purchase agreement and an employment agreement and assisted them with completing their financing with the bank.

This has made Rob and Jess feel much more relaxed and they can get on with their favourite part – farming!

 

Lucy Sim

Considering Retirement Village Living

Estate Planning, Legal Guidance, Property Law, Retirement Planning, Succession Planning
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A few years on from her decision to take out a reverse equity mortgage, and having enjoyed the benefits of releasing some of the capital tied up in her home, Karen is now feeling less confident about living on her own. Many of her old friends have moved away from her neighbourhood, and she is finding that she would like more support close at hand. She has decided to investigate moving into a retirement village.

This option offers several advantages. Karen would no longer need to worry about home maintenance, security, insurance, or rates. She would have ready access to assistance should she suffer a fall or other medical event. And if she feels like company, there would be plenty of like-minded people nearby.

However, Karen has been warned that there can be significant financial implications when selling a home and buying into a retirement village. To fully understand her position, she meets with her solicitor.

Her solicitor explains that most — though not all — retirement villages operate under Occupation Right Agreements (ORAs). Under an ORA, Karen would pay a capital sum in exchange for the right to live in her chosen unit. She would not own the land or building itself, and her right to occupy the unit would be subject to certain terms and conditions.

These conditions often include payment of a regular weekly fee for as long as the unit is occupied. There is also usually a deferred management fee (sometimes called an exit fee), which is deducted from the original capital sum when Karen leaves the village — whether that is because she chooses to move elsewhere or upon her death. In addition, there will be village rules governing what residents can and cannot do within their units and the wider village.

Karen’s solicitor takes the time to carefully explain the legal and financial implications, including how the move may affect the estate she intends to leave to her family. Once Karen fully understands her options, she is in a position to decide whether a move to a retirement village is the right step for her.

 

Mandy Rasmussen

Disputes arising out of a first job

Dispute Resolution, Employment, Employment Law, Legal Guidance, Personal Grievances, Workplace Rights, Youth Law & Guidance
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Sally met up with her sister Samantha and her niece Sarah for coffee at a local café. Sally was excited to see Sarah, as she had recently landed herself her first weekend job working as a waitress in another café in town. Sarah, normally bright and chatty, barely looked up when Sally arrived.

Sally gently asked Sarah how things are going and whether she is enjoying her new job. Sarah quietly answered that she no longer worked at the café. She explained that even though she really enjoyed working at the café, her boss didn’t give her a written employment agreement recording the terms of employment that they agreed on, he never paid her, and he didn’t give her copies of her timesheets when she asked for them. Sarah was too embarrassed to keep asking her boss to give her the documents and to pay her, because he made her feel like she was annoying him and wasting his time. She started feeling really uncomfortable at her job and eventually just stopped going in and she hadn’t heard from her boss since.

Clearly annoyed by Sarah’s work situation, Samantha said that she was going to post about the café and their poor treatment on the local grapevine page.

Sally recalled an article written by Edmonds Judd dealing with defamation and recommended that Samanatha and Sarah rather set up a meeting with her lawyer at Edmonds Judd to get advice on how to resolve the issue.

The team at Edmonds Judd confirmed that Sarah is entitled to all of the basic rights that protect employees, regardless of her age and that this was her first job. Sarah’s boss breached the terms of her employment agreement.

Sarah’s boss was required to:

  • provide her with a written employment agreement;
  • pay her according to the agreement which should provide her hourly wage, frequency of pay and method of pay;
  • keep records in a written form showing for example: time records (including days and hours worked), wage records (including wages paid and how the wages were calculated), and holiday and leave records;
  • record Sarah’s age in his usual wage and time records; and
  • provide Sarah with copies of her employment records if requested.

The team at Edmonds Judd explained to Sarah that given her age and limited time working for her employer, she is entitled to the starting-out minimum wage, but that the parties should have recorded her hourly rate and terms of payment in her employment agreement.

Even though a couple of weeks had passed since she left her employment, she had the right to approach her boss about her dispute. Employees must raise their personal grievance with their employer within 90 days of the issue arising or coming to their attention. If she can’t resolve her dispute with him directly, she is entitled to apply to the Employment Relations Authority for assistance to resolve the dispute.

Her lawyer explained that the first step is to give her boss a written letter setting out what her personal grievance is and how she suggests that the parties resolve it. If communicating with her boss directly does not resolve the matter, then she can apply to the Employment Relations Authority.

Kristin O’Toole

Planning for Tomorrow: Keeping Family Fair and Secure

Estate Planning, Family Law, Legal Guidance, Life Planning, Trusts & Wills, Wills & Estates
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As life moved forward, Luke’s family grew. He now had two children, including Mildred, whom he had adopted. It became important to Luke that both Mildred and his other daughter, Isabelle, were treated equally in his estate planning, so he contacted his lawyer.

Luke updated his will to reflect the new addition to his family. He ensured that his adopted child would be provided for on the same terms as his biological child, leaving no room for uncertainty. At the same time, Luke recognised that several antique items he had inherited from his late mother held special meaning for Sally and should ultimately pass to her. His will therefore specifically gifts those items to his daughter, Isabelle.

Luke appointed his brother and sister as executors and trustees, giving them responsibility for administering the estate. He also provided that the remainder of his estate be held on trust and shared equally between his two children when they reach the age of 18.

Luke also took practical steps to ensure his affairs were in order. He kept a copy of his will, his insurance policies, and a list of his bank accounts together in a secure drawer and made sure his brother and sister knew exactly where to find these important documents if anything were to happen to him. He also ensured they were aware that the original will is held securely at the Edmonds Judd office.

With everything clearly documented and the right people appointed, Luke now has peace of mind knowing his children will be looked after and his wishes will be carried out.

Georgia Willard

Karen’s Next Chapter: Understanding Reverse Equity Mortgages

Estate, Financial Literacy, Home Ownership, House, Retirement Planning, Senior Living, Uncategorized
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Once upon a time in a quiet New Zealand neighbourhood lived Karen—a warm-hearted retiree whose home was her greatest treasure. Every corner of it held memories: family dinners, garden mornings, and decades of life’s twists and turns.

 

But as time went on, Karen found herself wishing for a little extra breathing room…

🌼 A long-overdue renovation

🚗 A reliable new car

🩺 Extra funds for health and comfort

✈️ Or perhaps that long-dreamed-of holiday to somewhere sunny

 

One afternoon, over a cup of tea, Karen heard a gentle whisper of possibility:

“What about a reverse equity mortgage?”

 

Banks—especially Heartland Bank—offered something that caught Karen’s attention: a way for homeowners aged 60+ to unlock some of the value in their home without selling it and without monthly repayments.

 

It felt almost magical. A way to stay in her beloved home while gaining the financial support she needed.

 

But Karen was clever. She knew every good story has fine print.

✨ The interest would quietly grow over time,

✨ The loan would wait patiently until she moved, sold, or passed on,

✨ And then it would be repaid from the value of her home.

 

It could be a helpful choice—but it also meant leaving less equity behind for her family.

 

So Karen did what wise people do:

🗝 She talked openly with her loved ones

📜 She met with a solicitor to understand every detail

❤️ She made her decision with clarity and confidence

 

And in the end, Karen discovered that with careful thought and the right guidance, a reverse equity mortgage could be the solution she needed for her next chapter.

Georgia Ellen 

A New Chapter for Luke & Mildred

Adoption & Guardianship, Blended Families, Family Law, Legal Guidance, Parenting, Uncategorized
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It had been a few years since his separation from Sally, but life was looking up for Luke. He got on well with Sally’s new partner, Emilio, and he had a great girlfriend of his own, Yassica.

Luke was co-parenting his daughter with Sally. Yassica also had a young daughter, Mildred, who Luke adored.

Mildred was the result of a happy accident between Yassica and Roy, a young dishwasher who used to work with Yassica at a local restaurant. Yassica welcomed the arrival of Mildred, but Roy had always maintained that fatherhood wasn’t for him.

Luke was aware of Mildred’s parentage, and a few years after being welcomed into Yassica’s home, he decided to talk to her about what the future holds.

“Yassica, listen”, Luke started. “I don’t really want to get married again. I feel like it’s an unnecessary expense, and I don’t need it to justify my love for you”.

“I understand completely” Yassica said. “We have better things to do with our money”.

“That being said, I have a deep affection for you and for Mildred, and I’ve come to think of myself as a father figure for her”

“I agree” Yassica said. “I think she thinks of you in the same way. Are you saying what I think you’re saying?”

“I think so” Luke said. “I think I would like to adopt Mildred”

Luke and Yassica booked an appointment to see a lawyer at Edmonds Judd, who explained the adoption process to them.

“First, we’ll need Roy to consent to the adoption. He would be giving up some pretty important rights. However, if Roy doesn’t want to consent, or if we just can’t get him to sign the consent forms for whatever reason, then we may be able to dispense with his consent, but hopefully it doesn’t come to that because dispensing with consent can be difficult” the lawyer explained.

“Following this, we would need to apply to the Court for an interim adoption order and then a final adoption order. This would give Luke all the rights of parenthood and, as far as the law is concerned, it would be as if Mildred was his own natural daughter.

Roy happily agreed to provide his consent, as he didn’t want to get in the way of Luke and Mildred’s happiness. The Court agreed that an adoption would promote the best interests of Mildred, and that Luke was a fit and proper person to adopt.

Once the interim adoption order was made, Luke and Mildred received a few visits from a social worker, who reported to the Court that all was going well, and after a final adoption order was made by the Court.

Luke, Yassica, and Mildred were delighted, and decided to have a party to celebrate the adoption with friends and family. But the thing with parties, is that not all attendees are always happy to be there…

 

Jamie Graham

Blending Families, Protecting Futures

Blended Families, Contracting out agreements, De Facto Relationships, Estate, Estate & Inheritance Planning, Family Law, Family Protection Act, Legal Life Planning, Property & Asset Protection, Relationship Property, Storybook Series, Wills & Succession
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It had been eight long months since Sally separated from Luke, and things were looking up. She and Luke had amicably split, agreed on the division of relationship property, and settled child support issues. These were a weight off her shoulders, but single life had its challenges.

 

She noticed that she did not see the benefit of bulk grocery purchases or split utilities bills. Sure, child support helped, but things were still tough. She had heard of the “singles tax” but seeing it in action was another thing altogether.

At the recommendation of her colleague, Lucinda, Sally decided to get back into the dating scene. Luke fully supported her in this and even agreed to take the kids during his week so that she could meet with the rather dashing Emilio.

Emilio had a similar background. He was freshly divorced and had four children who split their time between their mother in Spain, and with Emilio in New Zealand.

 

The relationship was going well. So well in fact that Sally decided to approach Emilio about moving in together.

 

“Mi amor”, Emilio began. “I love the idea of moving in with you. I agree that we are ready for that step. However, I want to broach an issue with you. A rather uncomfortable issue”.

 

“What is it, Emilio?” Sally asked.

 

“You see, I have four children of my own. My Estate is more modest since the divorce, but I still have considerable assets. I want to protect my children’s future, and in order to do that, I must protect my assets from any potential claims made by you or your children” Emilio explained.

“Oh, I see” Sally said. “I don’t think that’s a bad idea. I too want to protect what I have. I wouldn’t want to split our collective property five ways between my one child and your four children – that doesn’t seem fair”.

 

The couple agreed that they would go and talk to a lawyer about their estate planning.

 

Their respective lawyers explained that with blended families, there could be overlapping claims under the Family Protection Act. If Emilio and Sally each continued into a de facto relationship, then the presumption of equal sharing would likely apply. At the same time, Emilio and Sally each had a moral responsibility to provide for their children.

 

Emilio and Sally decided to enter into a contracting out agreement, to protect their respective assets. They then agreed to sign their own Wills, which reflected the provision in the contracting out agreement that neither of them would make a claim against the other’s estate.

 

Emilio and Sally could relax into their life together, knowing that they had a succession plan that was tailored to their individual needs, so that they didn’t have to worry about any headaches down the road.

 

Jamie Graham

Property briefs

Buying & Selling Property, Due Diligence, Legal Updates, Property & Conveyancing
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Proposed reform to the Overseas Investment Act – the ability for overseas buyers to purchase or build property in New Zealand

The government recently announced a reform to the Overseas Investment Act 2005 that would allow overseas residents with a New Zealand investor residence visa to buy or build a property to the value of $5 million-plus. Applicants must satisfy the national interest test and pass the risk assessment required by the proposed legislation. After passing its first reading in June, the reform bill is currently before the select committee to receive submissions.

Currently, overseas residents and investors are largely restricted from purchasing or building property in New Zealand.

 

Granny flat legislation just passed

The Building and Construction (Small Stand-alone Dwellings) Amendment Bill was passed into law on 23 October 2025. This law change will allow small stand-alone dwellings or ‘granny flats’ of up to 70m2 to be built without a council building consent provided that certain conditions are met. These changes will roll out in the first quarter of 2026 (1 January to 31 March).

The conditions are:

  • The building must be of a simple design and comply with the Building Code
  • The work must be undertaken or supervised by a licensed building professional, and
  • The local council must be notified before the build begins and at its completion.

It will be interesting to see how this law change plays out and whether any issues arise in the future. There are also penalties for those who do not satisfy the above conditions required by the legislation.

Please do not hesitate to talk with us for advice if you are interested in building a granny flat and you want to ensure you are complying with the new requirements.

 

No further restrictions on sunset clauses in sale and purchase agreements

In our last edition (Winter 2025), we discussed the Property Law (Sunset Clauses) Amendment Bill which was introduced into Parliament in April 2025. The bill was aimed at restricting sellers developing vacant plots of land from using ‘sunset clauses’ to cancel sale and purchase agreements and to add an extra layer of protection for buyers.

To recap, a ‘sunset clause’ is a provision in an agreement enabling the seller or buyer to cancel the agreement if the development is not completed by the specified or intended date. The bill was debated at its first reading in Parliament before being voted down by a majority of 68 to 54.

The majority argued that the passage of the bill would ultimately deter developers from entering into these sale and purchase agreements, and therefore reduce the availability of off-the-plan housing when there is already a shortage of housing in New Zealand.

It was also pointed out that there are already some existing protections afforded to buyers in legislation, specifically in section 225(2b) of the Resource Management Act 1991. This clause enables buyers to give notice to the seller to cancel an agreement if, two years after the granting of a resource consent or one year after the date of the agreement, the seller has not made reasonable progress in obtaining or depositing a survey plan.

 

Changes to the assessment of earthquake-prone buildings

The government recently announced its intention to introduce the Building (Earthquake-prone Building System Reform) Amendment Bill into Parliament soon. The proposed reform focuses on increasing the threshold and implementing strict criteria that must be met to condemn a building as earthquake-prone and uninhabitable.

The proposed new regime will only capture buildings that pose a genuine risk to human life in medium to high-risk zones. Consequently, the government believes that around 55% of earthquake-prone buildings (about 2,900 buildings) will be removed from the system.

We look forward to reading the draft bill once it is introduced into Parliament; it has implications for many building owners.

 

DISCLAIMER: All the information published in Property Speaking is true and accurate to the best of the authors’ knowledge. It should not be a substitute for legal advice. No liability is assumed by the authors or publisher for losses suffered by any person or organisation relying directly or indirectly on this newsletter. Views expressed are those of individual authors, and do not necessarily reflect the view of Edmonds Judd. Articles appearing in Property Speaking may be reproduced with prior approval from the editor and credit given to the source.
Copyright, NZ LAW Limited, 2022.     Editor: Adrienne Olsen.       E-mail: [email protected]       Ph: 029 286 3650

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