Westgate Harris Lawyers

04/04/2022

An interesting take on home buyers 'purchasing power', this article argues that Kiwis likely to have more purchase power if they set their sights on new builds. Do you agree?

A lot has been made of the new mortgage lending rules in the past six months. Changes as a result of the CCCFA have made it more difficult for homebuyers to borrow, with the anecdotal evidence pointing to applicants losing about 20% of their borrowing power.

That means a borrower who had a pre-approval for $1 million six months ago might be looking at around $800,000 now.

Kiwis likely to have more purchase power if they set their sights on new builds.

08/03/2022

Having capacity when gifting is a significant issue.

If there are capacity concerns when a person is gifting, it is prudent to obtain a medical certificate that specifically addresses capacity. In some rare cases however, even a medical certificate will not allay suspected capacity deficiencies.

Mayoral hopeful Phil Mauger's father, who suffered from Alzheimer's and dementia, dished out $1 million as a gift to two staff members. His children want the money back.

02/03/2022

Although it was illegal in both England and New Zealand, duels were not uncommon to resolve disputes.

Wellington lawyer William Vitruvius Brewer will forever hold a dubious record – the first man to be killed in a duel in New Zealand.

Lucky we have a robust judicial system to bring disputes to nowadays!

William Vitruvius Brewer​ will forever hold a dubious record – the first man to be killed in a duel in New Zealand.

17/02/2022

Are you in a "qualifying" relationship under the Property (relationships) Act 1976?

The Family Court can make Orders dividing relationship property when you’ve been married or in a civil union or de facto relationship.

It's a good idea to talk to a lawyer to find out if your relationship is covered, give us a call today!

Find out which relationships are covered by the Property (Relationships) Act 1976 to see if the court can help you divide property if your relationship ends.

15/02/2022

Who gets the logins on separation?

Nearly eight in 10 Americans who are in a relationship share passwords across nearly every digital platform, ranging from social media to email and cell phone to mobile wallets.

Many factors will assist in determining who keeps the logins/ passwords. Some factors include: payment, user profile and agreement, device access and set up.

It's no secret that password-sharing is a way for consumers to get around the cost of paying for multiple services. What consumers aren't considering is that these behaviours make them vulnerable to digital crime when people outside your household — even ones you trust — have your passwords on their devices.

We recommend changing the password once there is agreement between parties for a clean break.

When love goes wrong: What to do about the logins?

08/02/2022

The Supreme Court of New Zealand is making lawyers' written arguments, or submissions, accessible online from today.

Court submissions are pieces of information that help support a lawyer's case prior to a hearing and access to this could change the way professionals, students and the public understand the process.

Have you ever wondered what happens in New Zealand's Supreme Court?

Law graduate: It's an opportunity to give a greater level of accessibility to the public.

15/12/2021

The Court of Appeal determined an interesting point of law recently.

They were asked if the Family Court had jurisdiction under the Property (Relationships) Act to determine the property rights of three persons in a polyamorous relationship, either on the basis of that relationship or by dividing that relationship into dyadic parts.

They found that jurisdiction extends to determining claims among three people in a polyamorous relationship, where each partner in that polyamorous relationship is either married to, in a civil union with, or in a de facto relationship with, each of the other partners in that polyamorous relationship.

08/12/2021

We are seeing more Property Sharing Agreements as more people choose to join with friends or family to buy property in today’s hot real estate market.

A Property Sharing Agreement is an Agreement between different parties that sets out their rights and obligations in relation to property (the property usually being a house or piece of land).

In our experience, it is important to have a formal written agreement to avoid misunderstandings and assumptions. Unless an Agreement is committed to paper and a clear formula is spelt out, the arrangement is very much dependent on memory and presumptions that may not have been intended. This can then lead to consequences with cases like the below.

If you would like to discuss a Property Sharing Agreement, just give us a call.

She says her son agreed to let her live there for the rest of her life. He says there was never any such agreement.

03/12/2021

The biggest change to KiwiSaver since its creation took effect on Wednesday (1/12), affecting the savings of more than 324,000 people invested in default funds.

A default fund is a KiwiSaver fund that new members are automatically placed in when they join the scheme. KiwiSavers can then choose to move to another type.

The Government has now made changes to the default fund system, including that the default portfolios should be balanced, not conservative, and favoured fund managers charging lower fees.

Have you checked your KiwiSaver recently? Is the fund you are in compatible with your short and long term plans?

The KiwiSaver default fund shift will result in $2.4 billion, the savings of 324,000 people, shift into new hands over the next few weeks.

01/12/2021

It's that time of the year again...🎅

28/11/2021

Recently Justice Andru Isac heard an appeal at the High Court in Blenheim that raised an interesting issue:

Is copyright in an artistic work relationship property?

Copyright is undoubtedly a type of property and consequently the Property (Relationships) Act 1976 is applicable.

The Court ruled copyright does qualify as relationship property, therefore the parties will have to split 20 years’ worth of paintings and their copyright.

A real challenge is determining the value of the copyrights.

Do you think that copyright should be classified as relationship property?

An unprecedented divorce case has found an artist's ex-husband has a right to equal share of copyrights from 20 years’ worth of paintings.

26/11/2021

We have some exciting news to share with you.

Beginning November 1, 2021, Westgate & Williams will be Westgate Harris. We are adopting this new name following the addition of our principal Rhonda Harris.

Our new name reflects our growth and our success as a law firm. What began as a practice primarily serving the family legal needs in Dunedin now includes an all encompassing general law service in both Dunedin and Balclutha.

We are proud to highlight the service and expertise that makes our firm distinctive by refreshing our brand. We understand that clients today are not looking for a bureaucracy or a brand name, but rather for direct access to experienced hands-on lawyers who trust their own judgment and each other, for experienced lawyers who will be there when cases start and when they finish. We remain committed to working together and delivering on that promise.