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Welcome to the Sharp Tudhope Lawyers' blog. Here you will find  topical information and advice relating to a wide range of areas of law, written by our legal experts.

DO'S AND DON'TS OF DEALING WITH SICKLY STAFF

A recent TVNZ article has highlighted the fact that some employers have begun encouraging staff not to take sick leave by giving them an end of year bonus. What it didn’t discuss is how to deal with employees who continue to come to work, despite being clearly unwell.
Written by Shima Grice at 08:00

WHO IS THE FINANCIAL MARKETS AUTHORITY?

A recent survey by the Financial Markets Authority (FMA) showed that 61% of New Zealanders had not heard of them. The FMA is an independent Crown entity in charge of ensuring public confidence in our financial markets and supporting the growth of our capital base in New Zealand.
Written by James Moran at 11:00

FIVE KEY CHANGES TO THE HEALTH AND SAFETY REFORM BILL

We now have some certainty about the future of health and safety law in New Zealand: on Friday the Transport and Industrial Select Committee finally reported back on the Bill.
Written by Shima Grice at 11:00

CHANGES TO COMPLIANCE REQUIREMENTS FOR DIRECTORS

The Companies Amendment Act 2014 has introduced two key changes to compliance requirements for directors:
Written by Kylie van Heerden at 12:00

ON SHAKY GROUND - HEALTH AND SAFETY AND EARTHQUAKE STRENGTHENING

Two new pieces of legislation will affect the way landlords and tenants view their responsibilities for strengthening buildings and for ensuring they provide a safe place of work. The Building (Earthquake-Prone Buildings) Amendment Bill (EPB Bill) will establish timeframes within which building owners must assess and then either strengthen or demolish buildings identified as earthquake-prone.
Written by Shima Grice at 11:00

ARE YOU AN INDEPENDENT TRUSTEE? FOUR KEY THINGS YOU NEED TO KNOW!

Trustee Liability Many people forget that a trust is not a legal entity in its own right like a company - the trustees are the legal entity/owners of the trust property for the benefit of the beneficiaries. As such, trustees are personally liable for all liabilities incurred for the trust, including debts to third parties. This personal liability is subject to:
Written by Brooke Courtney at 11:00
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FIVE THINGS YOU NEED TO KNOW ABOUT CAPITAL GAINS TAX

The Inland Revenue is clamping down on property speculators and land traders. Although, it is widely said that New Zealand does not have a capital gains tax, in certain circumstances capital gains on land transactions are in fact taxable. There are five main categories of taxable land transactions. We’ve summarised the key things you need to know to take away the guesswork.
Written by Harriet Enright at 13:00

KIWISAVER NEST-EGG CAN'T BE PILFERED BY CREDITORS

A bankrupt’s KiwiSaver is off-limits to creditors, according to a recent decision of the Court of Appeal. The circumstances under which your KiwiSaver funds can be accessedare: - for the purchase of your first home; - when you are over 65 (i.e. for retirement); or - earlier if you become seriously ill or are in a situation of significant financial hardship.
Written by Default at 12:00
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IS YOUR INHERITANCE PROTECTED?

Many people say “we don’t need a Contracting Out Agreement because we don’t own anything!” Assets like Kiwisaver or life insurance are often overlooked; and many people during the course of their lives receive an inheritance, which is worth protecting. Under the law, if you receive an inheritance while married or in a de facto relationship, it is your property and you are not legally bound to share it with your spouse or partner. Of course, in many cases, people choose to do so regardless. In other cases, your inheritance can become relationship property without you even realising it.
Written by Brooke Courtney, Karen Gravatt at 13:00

FIRST HOME BUYERS - KIWISAVER CHANGES YOU SHOULD KNOW ABOUT

Most first home buyers will be aware that you can withdraw Kiwisaver funds to apply towards your first home purchase. You should also be aware that changes on 1 April 2015 mean that you can get even more!
Written by Brooke Courtney at 15:00

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