Canterbury tales · Canterbury tales March 2020 Vol. 26 No. 2 The newly formed Legal Culture...

Inside:2 President’s column

3 2020 Rising Stars

4 Nobody told me

5 Perspectives on the disclosure of information to beneficiaries of family trusts

6 Bare foot bowls – a great success

10 Counsel moving admission of barristers and solicitors to the High Court

11 Education

12 Update from the New Zealand Insti-tute of Legal Executives Canterbury Southern Districts Branch

12 Conveyancers asked to remind clients of need for IRD number

Canterbury talesMarch 2020Vol. 26 No. 2

Canterbury tales

The newly formed Legal Culture Committee held its inaugural lawn bowls stressbuster events on Thursday the 20th of February 2020 in Christchurch, Ashburton and Timaru.

One of the focuses of the committee is wellbeing and there was a great turn out of lawyers from all levels on a pleasant summer evening. The form on the greens was a mixture of poise, elegance as well as some unorthodox techniques.

Ashburton firms competed for the Ash-burton Law Practitioners Interfirm cup which resulted in a nail-biting finish. Congratula-tions to Guy Goodwin from Argyle Welsh

Finnigan who took the spoils.New connections were made over a post

bowls BBQ meal and it was a great chance for practitioners of all levels to get to know each other and discuss some of the issues facing our profession. This was the true success of the event.

It is heartening to see so many people committed to advancing our profession and the Legal Culture Committee would like to particularly thank Susie Tait, Philip Royal, Hebe Haughey and Tiffany McRae for their superb efforts in putting these events together.

Additional photos on pg’s 6 & 7.

Bare foot bowls — a great successBy Chris Boivin, Convenor, Legal Culture Committee

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V I N O F I N OPhoto CaptionEach month we have a photo caption competition where we invite you to submit a caption. The winner will receive two bottles of wine sponsored by Vino Fino (www.vinifino.co.nz, 188 Durham Street). Send your entry to the Canterbury Westland Branch New Zealand Law Society, P. O. Box 565, Christchurch. Or email to [email protected]. All entries must be received by March 13th 2020. The winner will be announced in the next edition of Canterbury Tales.

President’s ColumnBy Grant Tyrrell

We have had no winners for the photo below so it is appearing again this month as we are sure there is someone who can write an “appropriate line or two” and go in the draw for the Vino Fino voucher.

CongratulationsThree of our Canterbury Westland Col-leagues will (by the time of publication) have been sworn in as District Court Judges. Congratulations to Tony Greig, Quentin Hix and Dominic Dravitzki on their appointments.

Judge Greig will sit in New Plymouth, Judge Dravitzki stays closer to home and will sit in Timaru with a Family Warrant. Judge Hix joins the Christchurch Common Room. Judge Michelle Duggan, from Nelson, has been announced as sitting in Christchurch with a Family Warrant – a judicial resource, even in the context of shortages across the board, that is desperately needed.

Julia WartmannOur fantastic librarian, Julia, has retired (despite suggestions of injunctive relief for the Society). She has made an outstand-ing contribution to the library resources that we have access to including the development of the ever cheerful and hugely helpful research skills that are offered. Perhaps Julia’s greatest, of many, contribution was the apparent (from the outside) seamless transition of the library from Durham Street to the smaller, but superbly appointed, space adjoining the Law Courts. I can assure readers that the transition was anything but seamless for Julia and her team and it is largely due to her hard work that it occurred successfully and that we, in Christchurch, still have such

an excellent space. I know also that Julia has been assisted our colleagues in smaller centres with library resources.Julia will be missed but her retirement is undeniably deserved and we wish her well in the “third stage”.

Barefoot bowlsA number of colleagues around Canterbury Westland got together for a low-key social gathering at local bowls’ clubs. My thanks to the Legal Culture Committee for putting this event together (article and photos on front cover).

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Canterbury tales is the official newsletter of the Canterbury- Westland Branch of the New Zealand Law Society and is published 11 times per year.Editor: Zylpha KovacsE [email protected] 03 366-9184 F 03 366-9977 The Branch Manager, Canterbury-Westland Branch New Zealand Law Society, Level 1, 307 Durham Street, Christchurch. PO Box 565 Christchurch, DX WX 10074.

Canterbury talesAdvertising$35 per column/cm exclusive GST.Contact: Jim KennedyE [email protected] 03 342 5457 M 027 577 7139Disclaimer: Canterbury tales is published by the Canterbury-Westland branch New Zealand Law Society. The opinions expressed herein may not necessarily be those of the branch and have not been expressly authorised. The branch accepts no responsibility whatsoever for any error, omission or statement.

Comings & Goings

Information for this column must be sent directly to the Canterbury-Westland branch due to privacy issues. We assume that by the firm supplying the information that the individual people have agreed to their names being published.Please send information regarding changes to firms or practitioners to [email protected] or [email protected].

Rhodes & Co has appointed Sarah O’Gorman as an equity partner from within the firm. Sarah is a member of the firm’s Commercial Group.

LIFE IS TOO SHORT FOR THE WRONG JOBLET YOUR NEXT JOB FIND YOU

Phone Leonie 021 205 [email protected]

Congratulations to local nominees for the inaugural 2020 NZ Lawyer Rising Stars:

There are two nominees from the Can-terbury Westland area – Jenna Silcock and Josh Taylor.

Jenna Silcock is a Senior Associate at Buddle Findlay. She is in their litigation team specialising in environment and resource management and local government law. She advises local authority and private cli-ents on a range of resource management, local government and insolvency matters. Between 2014 and 2016, Jenna was a key member of the team responsible for the Crown’s involvement in the Christchurch Replacement District Plan process. Her broad range of experience in her chosen practice areas also extends to advice on the Building Act, local authority bylaws and RMA enforcement including infringement and abatement notices, enforcement orders and prosecutions.

Josh Taylor is a Senior Associate in the Wynn Williams national dispute resolution

team. At only 29, Josh is already undertak-ing a senior role within the firm. As well as his achievements within the firm, he also contributes to the legal industry outside of his work commitments as a member of the Disciplinary Tribunal for the Canterbury Rugby Football Union, one of the youngest to be appointed to this role. Josh is also a volunteer at Community Law Canterbury.

The inaugural 2020 Rising Stars’ list has been put together by NZ Lawyer to honour up-and-coming stars in the legal profession who are committed to making a difference.

These future leaders have not only made incredible advancements within their own companies, but they’re also recognised by the wider legal profession for (but not limited to) their work with charitable trusts and organisations; for leading talks on diversity and inclusion; for producing books and papers on their areas of exper-tise to drive the industry forward; and most importantly, for being mentors to aspiring junior lawyers.

2020 Rising StarsJenna Silcock Josh Taylor

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March · Vol. 26 No. 2 · Canterbury tales

Nobody told meBy Andrew Nuttall

Andrew Nuttall,Cambridge Partners

T: 09 303 5278 E: [email protected] W: adls.org.nz/cpd

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For the last 30 years I have had the opportunity to attend great seminars, training courses, conferences and read many good books and articles. I very much enjoy my role as a financial adviser, constantly trying to learn more so I can provide better advice.

Jonathan Clements, a long-time personal finance columnist for The Wall Street Journal, is one of my favourite authors. He recently wrote an article on his website (www.humbledollar.com) reflecting on his learnings and what he wished he had been told in his 20s, or been told more loudly so he would have listened.1. A smaller home will enable you to save

and invest earlier to accrue retirement income producing assets.

2. Pay off your mortgage as soon as you can. Your mortgage interest rate will typically be higher than the post-tax return from many investments.

3. Watching the market doesn’t improve

portfolio performance. It’s just a huge time waster.

4. Nobody knows what the short-term investment performance will be. Clements wrote that one of the downsides of working as a columnist for The Wall Street Journal was that “… you hear all kinds of smart, articulate experts offering eloquent predictions of plummeting share prices and skyrock-eting interest rates that – needless to say – turn out to be hopelessly, pathet-ically wrong.”

5. You will end up treasuring almost nothing you buy. Most of the stuff we buy gets thrown away. This is where millennials seem to be wiser than us baby boomers. They are more focused on experiences than possessions.

6. Will our future self approve of the decisions we make today? Pondering our future self, doesn’t just improve financial decisions. It can also help us

make smarter choices about eating, drinking and exercising.

7. Relax, things w i l l w o r k out. As I meet with younger l awyers and professionals, I sometimes see a glimpse of the anxiety that I suffered in my 20s and 30s. In the early years of your career there is so much uncer-tainty. What sort of career you will have? How will financial markets per-form? What misfortunes might come my way? Clements encourages by saying “… if you regularly take the right steps – work hard, save part of every pay cheque, resist the siren song of get-rich-quick schemes – good things should happen. It isn’t guaranteed. But it is highly likely. So, for goodness sake, fret less about the distant future, and focus more on doing the right things each and every day.”

Some great thoughts from Jonathan Clem-ents on the Humble Dollar website. I trust one or two of his observations resonate with you.

Andrew Nuttall is an Authorised Finan-cial Adviser with Cambridge Partners, a fee-only financial advisory practice based in Christchurch.Andrew’s dis-closure statement is available free of charge and on demand. He can be con-tacted at www.cambridgepartners.co.nz telephone 03 364 9119.

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Canterbury tales · March · Vol. 26 No. 2

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In this article, we present two perspectives on an important issue for trustees and families: the legal view from Henry Brandts-Giesen, partner at Kensington Swan, and a humanistic view from David Werdiger, experienced family adviser and international bestselling author on family business and wealth.

The legal view – HenryPrivate wealth is typically structured, gov-erned and administered in New Zealand in a rather unusual way. In other countries, family trusts are typically utilised judiciously by the wealthy and for the vulnerable. In New Zealand family trusts are ubiquitous and it is common for people of quite modest means to hold assets in a trust. Sometimes a family may have several trusts, each of which holds a single asset or only a few assets. Trusts became a default setting for a previous generation of advisers and, further-more, it became the norm in New Zealand for trusts to be governed by the very same people who set them up and benefit from them. This is unusual in a global context.

This traditional approach to trusts in New Zealand is now causing issues. Tens

of thousands of trusts in New Zealand have been set up by baby boomers over the past few decades. Many of these trusts are now pregnant with substantial wealth which the next generation of the family are, or will be, keen to access.

Coupled with this is the fact that the interests of the now adult children of baby boomers are not always aligned. A new generation of beneficiaries are increasingly well advised and scrutinising the decisions of the trustees and finding defects in govern-ance and administration. This is leading to legal challenges and, increasingly, decisions being invalidated and trustees being found personally liable.

Historically, a beneficiary challenging a trustee’s decisions faced practical difficulties in obtaining the necessary evidence. This is partly because record keeping by trustees is often inadequate, but it is also because beneficiaries are often denied access to information about the trust.

A beneficiary’s rights to information In the New Zealand case Erceg v Erceg [2017] NZSC 28, the scope of a beneficiary’s rights to

information was at issue. The Court of Appeal ([2016] NZCA 7) recognised that trustees have discretion in the disclosure of information. This discretion must be exercised in accord-ance with fiduciary duties, and be balanced against the interest beneficiaries have in the proper administration of a trust and ensuring that the settlor’s wishes are met.

The current position is that beneficiar-ies are likely to have a right to ‘core’ trust documents such as the trust deed and general information on assets and liabilities. However, documents which contain com-mercially sensitive or personal information about others may be withheld or redacted.

This position is likely to change in the near future with changes proposed by the Trusts Bill which is making its way (albeit gradually) through Parliament.

Trustees’ obligations to keep trust informationPursuant to clause 41 of the Trusts Bill, each trustee must keep a copy of documents which constitute the trust (eg, the trust deed and any supplemental documents) together with the following documents:» Records of the

Perspectives on the disclosure of information to beneficiaries of family trustsBy Henry Brandts-Giesen and David Werdiger

...continued on page 8

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trust property that identify the assets, liabilities, income, and expenses of the trust and that are appropriate to the value and complexity of the trust property.

» Records of trustee decisions.» Written contracts entered into by the

trustees.» Accounting records and financial state-

ments of the trust.» Documents appointing and removing

trustees (including court orders).» Letters or memoranda of wishes from

the settlor.» Any other documents necessary for the

administration of the trust.

Trustees’ obligations to give trust information to beneficiariesThese record keeping obligations are uncon-troversial and, in all likelihood, simply a manifestation of more general duties already contained in New Zealand trusts law, but often not fulfilled in practice. However, the Trusts Bill goes further to impose a positive obligation to disclose basic trust information to beneficiaries. This is arguably the most contentious part of the Trusts Bill.

Disclosure of information to beneficiaries is a very important matter. If beneficiaries are not able to obtain information about a trust and their rights, it is difficult for them to hold a trustee accountable. On the other hand, if a beneficiary is armed with information and documentation then it becomes more likely. A consequence of a legal challenge could be that the integrity of the trust (or related transactions) is compromised and

the custody of the property held could become vulnerable to creditors, former spouses/partners and other claimants.

As a matter of public policy greater accountability of trustees should, in the ordinary course, be a good thing but there may be unintended and adverse consequences. There are often very good reasons to withhold financial information from beneficiaries. These may include the need to keep private certain commercially sensitive information about a family busi-ness or to save beneficiaries (eg, spendthrifts or addicts) from themselves.

The prevailing view amongst commentatorsThere is a view among certain commen-tators that the Trusts Bill needs to be reconsidered and balanced against the practicality of identifying and providing information to beneficiaries. For example, as currently drafted, there is a requirement for trustees to provide basic trust information to “every beneficiary or representative of a beneficiary” unless the trustee reasonably considers otherwise.

A better approach may be to restrict the notification requirement to a defined class of ‘qualifying beneficiaries’. These could be defined as the ‘settlors during their lifetimes and thereafter their children during their lifetimes’ or something to that effect. Alter-natively, a new sub-clause could be included to exclude any person with no more than a remote possibility of receiving a direct ben-efit from the trust. This approach might be more sensible as it focuses on the trustees

providing information to beneficiaries who have a real interest in receiving the infor-mation and holding the trustees to account.

Having made such a suggestion, it is acknowledged that the legal commentary in relation to this issue is mostly one-sided and there is a legitimate counter-argument that increased disclosure may actually avoid and resolve rather than fuel disputes within families. This argument is not a legal or tech-nical one. Instead it derives from the science of human behaviour.

The humanistic view – DavidFrom years of experience in business negotiating contracts and agreements with customers, suppliers, and for other business relationships, the authors have learned that once the negotiation process is complete and the documents are signed, they are often placed in a filing cabinet never to be looked at again. If they are ever retrieved and inspected, it could be the first sign that something is amiss in the business relationship.

For legal documents relating to estate planning, this same principle applies, but even more so. Business relationships can be relatively transient – they are governed by legal agreements for as long as they exist, and in most cases, the parties are free to go their separate ways when the agreement terminates. They are rarely built on a fidu-ciary foundation, but rather predicated on commercial principles. This contrasts with family relationships and the structures used to hold family wealth. These are (or ought to be) designed to endure for decades and are

continued from page 5...

8


often inherently fiduciary in nature.Another complicating factor is that, unlike

the parties to a commercial agreement, ben-eficiaries to a trust may be both specified or unspecified, and in the latter case may constitute a large group of people who may not be aware of each other or even that they are all beneficiaries. In many cases, there could be a whole cohort of beneficiaries who are not yet born.

When beneficiaries resort to their rights under law to discover details of the assets in trust that they may one day inherit, it ought to be an immediate red flag of deeper issues within the family. So while the disclosure provisions in the Trusts Bill may well strike fear in the hearts of trustees and settlors, in addition to seeking legal advice as to their obligations under the letter of the law, they ought to seek counsel as to how to avoid the risk of the matter ever “going legal” in the first place.

Practical steps for trustees to consider when dealing with disclosure issuesIn light of the current and expected legal position once the Trusts Bill is enacted some advisors and trustees may need to prepare for a change of approach.

The following are three suggestions for consideration:1. The best way to deal with questions

beneficiaries might have about trust assets is to be proactive: instead of wait-ing for children to ask, have structured (and sometimes facilitated) discussions about the family assets, and what the future holds. Maintaining open infor-mation flow about these issues helps avoid beneficiaries making assumptions,

which are usually wrong, and can lead to further fractures about unstated matters. Being proactive allows you to control what information is shared and over what period of time, and in general to deal with the situation “on the front foot.”

2. When establishing a legal structure for holding an asset, settlors usually think about themselves and their wishes as to the disposition of said assets to their beneficiaries. However, there are two parties to consider: the giver and the recipient. Accordingly, they should also give some considerations to how the beneficiaries may feel about their role as recipients of the family wealth. Managing expectations is critical.

3. Trust structures are designed to hold assets and provide for easy transition of their ownership between generations. That means that ownership will change from one person (or group of people) to another. While the current trustees may think of themselves as ‘owners’ (particularly if they have created the wealth), another way to think of them when transition in mind as using the framework of a “custodian”. The term custodian implies two things: a tempo-rary responsibility for the assets, and also a sense of duty to the custodians who came before (if there are any), and those who will follow. When thinking about family assets that frame of mind can help bring other issues into context.

The best legal documentation is that which ends up sitting in the drawer gathering dust because it is never disputed. To achieve that requires more than just a legal approach to how assets transition from one generation

to the next. To that end there is a valid counter-argument to the prevailing view amongst commentators and more dis-closure of information to beneficiaries as contemplated by the Trusts Bill is a good thing, particularly in light of the way trusts are traditionally set up and governed in New Zealand.

Conclusion – Henry & DavidPerspective is everything. Two ways to look at a problem results in two different responses and approaches. On their own, neither approach is complete. Rather, both approaches help better inform decisions that have both legal and relationship ram-ifications (and most decisions in a family wealth context do have both).

The principle of perspective applies equally to family trusts – we need to con-sider the perspective of both the trustees and beneficiaries when establishing these structures and ensuring that they serve their intended purpose.

Henry Brandts-Giesen [email protected] is an Auck-land-based partner with Kensington Swan and heads the firm’s private wealth team. David Werdiger lives in Melbourne and is a technology entrepreneur, strategic thinker and adviser. He is author of Tran-sition: How to prepare your family and business for the greatest wealth transfer in history.

Email or call us for more details. Phone 03 348 6960Email [email protected]

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Over 900 New Zealanders are now admitted as barristers and solicitors of the High Court each year. The admission ceremony is a sig-nificant event in the life of every intending lawyer. While admission is a celebratory occasion, it is also a court proceeding. Often counsel who move admission do not normally appear in court and have become involved because the candidate is a relative or colleague. This article has been prepared by the Law Society to provide advice and information for lawyers who want to move an application for admission to the High Court.

Practising certificate requirementCounsel moving applications for admission to the High Court are required to hold a current practising certificate. Applications for admission must also be certified by a lawyer holding a practising certificate.

However, judges presiding over admission ceremonies are sometimes asked to exempt moving counsel from that requirement.

Section 27(1)(b)(ii) of the Lawyers and Conveyancers Act 2006 permits the court to grant such exemptions. The Ministry of Justice has advised that in most cases the judges’ preference is that moving counsel seek a temporary certificate from the New Zealand Law Society rather than an exemp-tion from the court. It appears that retired judges are likely to have a direct application accepted but retired legal practitioners should apply for a temporary practising certificate.

Applying to the high court for an exemptionIf you want to apply to the High Court for an exemption, the application should be made by letter filed in the court at least two weeks before the date on which the application is due to be filed.

Applications will not be granted routinely. Counsel should explain why the exemption

is sought and why he or she should be permitted to appear without a practising certificate (for example, that counsel is a retired practitioner in good standing who wishes to move the admission of a close family member).

Applying for a temporary practising certificateApplications to the New Zealand Law Society for a temporary practising certificate should be made at least two weeks before the date on which the application for admission is due to be filed. The certificate is issued for a maximum of six weeks and expires at midnight on the day of admission.

A lawyer holding a current practising certificate must certify applications for admission. Accordingly, counsel who do not hold a current practising certificate must apply to the Law Society for a temporary certificate or to the court for an exemption before filing the originating application. Counsel should allow processing time for such an application to be considered.

To apply for a temporary practising certif-icate you must complete the application for a practising certificate on the Law Society website (www.lawsociety.org.nz/For Law-yers/Legal practice/Practising certificates) and note that it is for the purpose of being moving counsel. You will need to provide a Certificate of Standing from each overseas jurisdiction you have been admitted in and provide the appropriate references if required. The cost of a temporary practising

certificate is $100 plus GST.If you have any inquiries you can contact

the Law Society Registry on (04) 472 7837 or [email protected].

Filing date for applications for admissionThose seeking an exemption should also be aware of the requirement in rule 5(3) of the Lawyers and Conveyancers Act (Lawyers: Admission) Rules 2008. That rule provides that the application for admission should be filed at least one month before the scheduled hearing unless the registrar allows it to be filed later. Please check with the candidate as to the filing date as the deadline for filing varies in each High Court.

Dress for admissionsThe Chief High Court Judge has advised that the general approach in connection with court attire for admission ceremonies is that candidates for admission and their moving counsel have the option of wearing tradi-tional court attire (wigs, bands, white shirt and gowns) or gowns over neat clothing. There is no requirement to wear a wig.

“Neat clothing” means dark/black suit, white collared shirt and tie for men and equivalent dress for women (who should ensure their shirt or blouse is white, and wear black or skin colour stockings with a skirt). Where possible, hair should be tied back.

Applicants and moving counsel may not combine the two options by, for example, wearing a wig and a tie, or bands over a tie.

Counsel moving admission of barristers and solicitors to the High Court

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Christchurch

March 2020» 4 March – Webinar – Franchising – Essen-

tials & Updates» 10 March – Webinar – Immigration & Pro-

tection Tribunal – Humanitarian Appeals» 11 Mar – Webinar – Agreement for Sale &

Purchase – vendor warranties» 12 March – Webinar – Retirement Village

Option» 16 March – Webinar – Professional

Indemnity Insurance» 18 Mar – Update on Contract» 19 Mar – The Art of Happiness» 20 March – Speaking with Impact – Talk-

ing so that People Listen» 26 March – Webinar – Trusts Act – Are

you Ready?» 30 March – Webinar – Disclosure – Crim-

inal Law» 31 March – Webinar – Earthquake

Strengthening Issues – Impact on Com-mercial Buildings

April» 6 April Webinar – Gifting Update» 7 April – Trust Account adminstrators» 9 April – Webinar – Agreement for Sale

and Purchase – practical points» 22 April – Webinar – Health and Safety

Update

Out of Christchurch» 3 March – Auck – Tax Snapshot for

Non-Specialists» 6 March – Wgtn – Duty Lawyer Training» 7 March – Auck – Evidence and Trial

Preparation» 18 March – Wgtn – Trust Account

Administrators» 25-27 Mar – Wgtn – Lawyer for Child» 1 April – Auck – Trust Account

Administrators» 2 April – Auck – GST Zero-Rating for Trans-

actions including land (Live Web Stream)» 3 April – Duty Lawyer Training» 28 April – Auck – Employment Funda-

mentals – (Live Web Stream)

Obtaining traditional court attireUsually most people who are admitted like to wear traditional court attire. Because wigs and gowns are expensive, unless you already possess these, you and the person for whom you are moving admission will need to arrange to hire the attire.

If you need to hire a wig/flat collar bands and/or gown, it is recommended that you contact Academic Dress Hire. This is the trading name of the Kate Edger Edu-cational Charitable Trust. The Trust hires wigs, gowns and bibs for admissions and court appearances. Although it is based in Auckland, it offers a country-wide service. You need to book in advance and this is done through their website at http://www.academicdresshire.co.nz/shop.html.

Current hire prices are as follows:» Barrister’s Gown: $55» Barrister’s Wig: $60» Bib: $10» Bond (if outside Auckland region): $200

($100 if gown only)» Courier Delivery (depends on location):

$10 to $28 each wayPayment can be made by Visa or Master-card, EFTPOS or cash, or online banking. The Auckland office is located at 17 George Street, Newmarket, Auckland 1023, phone (09) 358 1044.

Proceedings at the admission ceremonyThe format of the ceremony will vary accord-ing to the location and also the number of people being admitted.

Candidates and their moving counsel are usually required to arrive at the venue at least 20 minutes before the ceremony begins.

Moving counsel should take a seat in the courtroom. In larger centres with admissions of a large number of candidates, seats will be assigned to counsel and there will be some-one on hand to give directions. Candidates are required to wait outside the courtroom until their names are called.To continue reading, please go to www.lawsociety.org.nz/practice-resources/practice-briefings

11

CorrectionA Library News item in last month’s Canterbury Tales, referred to Ann Elder (née Donnelly) as a daughter of Sir Arthur Telford Donnelly, however Ann Elder is Sir Arthur’s niece.

The error is regretted.

Conveyancers asked to remind clients of need for IRD numberConveyancers should remind their clients to bring their IRD number with them when they are buying or selling any property, Land Information New Zealand (LINZ) says.

LINZ has made changes to the Land Transfer Tax Statement (LTTS) in Landonline, to reflect recent amendments to the Land Transfer Act 2017.

From 1 January 2020, the main home non-notifiable reason can no longer be selected at Q15 unless the transitional period applies, it says.

LINZ says there is a new question, 3B, asking whether the transfer is a "main home transfer" as defined in the amended section 79(5) of the Act. This question does not have to be completed before 1 January 2020.

LINZ says the Land Transfer Act amend-ments will apply from 1 January 2020, although there is a six month transitional period for transfers resulting from agreements

entered into prior to 1 January 2020."These changes mean that most people

who transfer property – including those who are transferring their main home – will need to provide their IRD number and overseas tax residence information in their LTTS.

"It is therefore suggested that

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conveyancers remind their clients to bring their IRD number with them when they are buying or selling any property.

"To avoid mistakes, it is always best if your client brings in any official documentation from Inland Revenue which has both their name and IRD number on it."

The CPD year for Registered Legal Executives (NZILE affiliates, associates and fellows) is the same as our membership year: from 1 July to 30 June of the following year. Affiliates are required to complete five hours of CPD; associates 7.5 hours and fellows 10 hours. Just like lawyers, Registered Legal Executives are required to maintain a CPD Plan and Record.

To assist members to meet their CPD requirements, our branch holds five sem-inars throughout the year. All legal execu-tives, lawyers and legal staff are welcome to attend these seminars, which are held at the Burnside Bowling Club. Cost is $35 for NZILE members and $50 for non-members. A light lunch is provided from 12.30pm and

seminars begin at 1pm. Each seminar is 1 CPD hour. Information flyers are sent to our members and to law firms in advance, but if you are interested in knowing more, please email [email protected].

Our first seminar was entitled “The ADLS/REINZ Agreement for Sale and Purchase of Real Estate – 10th Edition” presented by Duncan Terris of Terris Legal Ltd on 19 Feb-ruary at Burnside Bowling Club. The seminar, attended by 120 members and non mem-bers, was to learn about and understand the principal changes to the agreement including tenancies, notices, vendor war-ranties, schedules, compensation and GST. As always Duncan presented an excellent seminar. Our next seminar will be in April.

Update from the New Zealand Institute of Legal Executives Canterbury Southern Districts BranchBy Pam Harliwich

A social event is held on the third Thurs-day of every month being either a catch up for a wine, or an activity. We held our first catch up at the Polo lounge on 19 February.

Did you know that staff in your firm stud-ying the legal executive diploma are able to become support members of NZILE? There are many benefits of being a member whilst studying – including buddy system, seminars, social activities, collegiality, and JobLink.

JobLink is a service available to employers to advertise legal executive vacancies to NZILE members nation-wide. If you wish to advertise, please contact the National Office of the Institute by email [email protected].

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Canterbury tales · Canterbury tales March 2020 Vol. 26 No. 2 The newly formed Legal Culture...

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Transcript of Canterbury tales · Canterbury tales March 2020 Vol. 26 No. 2 The newly formed Legal Culture...