Meet one of our latest team members, Caitlin Gillatt Caitlin started at Collins & May Law in November 2023 as a law clerk after she had finished her law degree at Victoria University. Caitlin has recently finished her Professional Legal Studies course and will be admitted as a Barrister and Solicitor of the High Court of New Zealand in September 2024. Caitlin is currently working in Simone Seddon’s team and is working in a variety of different areas of law, with a particular focus on property, estates, wills and trusts. To get to know Caitlin a little better, we have asked her a few qu ..read more

In February we welcomed Charlotte Dey to the Collins and May Law team as a Law Clerk. Charlotte completed a Bachelor of Laws and a Bachelor of Arts at Victoria University of Wellington and is now completing her Professional Legal Studies. Charlotte grew up in Tauranga, in the sunny Bay of Plenty. When asked what she enjoys about living in Wellington, Charlotte said she likes the food and the ‘busy city’ vibes of Wellington as there is always something on. Surprisingly, she also likes the wind. Charlotte is enjoying getting to know the friendly Collins and May team. Something that has surpr ..read more

DEPOSIT! – HOW MUCH SHOULD I OFFER TO PAY This is a very common question we as lawyers are asked by clients on the rare occasion we are consulted prior to entering into a sale agreement.   Most people deal with the real estate agent and contact their lawyer once they have got a contract.   You will often receive contrasting advice from an agent compared to that of a lawyer when it comes to the topic of deposits.   The simple answer to the question – how much a person should pay for a deposit is that it is not a legal question.   There is no law on it, however, it often ..read more

BUYING AND SELLING A PROPERTY ON THE SAME DAY Deciding to move house is an exciting and big decision.  You finally find the perfect property and now what?  If you haven’t put your house on the market already, then you will now be looking at arranging for the marketing and sale of your property.  You will be signing two contracts – one for the sale of your property and one for the purchase of the new property.   There is often a lot to work through and a number of people that you are dealing with – real estate agents, your solicitor, builder, mortgage broker/bank ..read more

In the fast-paced world of property transactions, efficiency, expertise and affordability are paramount. Recognising the evolving needs of their clients, Collins & May Law Limited proudly introduces “Conveyancing Express” – a dynamic new conveyancing service that promises to revolutionise property dealings in New Zealand. Under the guidance of Eugene Collins, Amy Haste, and Simone Seddon, Conveyancing Express is ready to redefine the landscape of conveyancing services. With years of experience and a commitment to excellence, this great team of legal professionals ensures that ev ..read more

The Property (Relationships) Act 1976 (“the Act”) classifies property as either: Relationship Property – being the property of both partners which is generally divided 50/50 in the event of the separation, provided there are no issues of economic disparity, post separation contributions etc.; and Separate Property – being the property of one party that is not relationship property. Generally, the equal sharing provisions of the Act apply once a couple has been in a de facto relationship for three years (including any period during a marriage or civil union). Whether a relationship is a ..read more

Restraint of trade clauses in contracts have long been a subject of legal scrutiny, raising questions about their enforceability and the delicate balance between protecting a company's interests and an individual's right to work freely. A recent decision by the New Zealand High Court, Redcoats Limited v Day [2023] NZHC 1037, provides valuable insights into the complex issues surrounding the enforceability of such clauses. Lets explore the key aspects of the case and shed light on the principles governing the enforceability of restraint of trade clauses. In the case of Redcoats Limited v Da ..read more

Welcome to the latest edition of our newsletter! In this issue, we delve into a practice that’s been gaining popularity but comes with significant risks: relying on vendor-supplied builder’s reports during property transactions. While it might seem convenient to have a pre-purchase builder’s report handed to you on a silver platter, it’s essential to understand the potential pitfalls that come with this seemingly helpful gesture. The Trap of Vendor-Supplied Builder’s Reports It’s become a trend for real estate agents to suggest that vendors provide potential buyers with a pre-purchase bu ..read more

If you go into long term residential care (ie a rest home), then you may be eligible for a residential care subsidy from the Government. As such here we answer some common questions we receive about the residential care subsidy. Can you gift your assets away? Prior to 2011 if you gifted over $27,000 in one year you had to pay gift duty on the amounts over $27,000. In 2011 Gift Duty was abolished, so you can now gift any amount now without incurring tax. However, this did not abolish the gifting limit for residential care subsidy purposes. For residential care subsidy purpose if you gift ove ..read more

Should you be thinking about preparing Enduring Powers of Attorney? If you are unable to make decisions for yourself at any stage, it is important to have something in place so someone can act on your behalf and make decisions for you. Life is full of uncertainties, and none of us can predict when an accident, illness, or mental incapacity might strike. By setting up an enduring power of attorney (EPA), you gain the power to choose who will make decisions for you and how they should be made. The Protection of Personal and Property Rights Act 1998 (often referred to as the “PPPR Act”) provi ..read more