Sellar Bone & Partners, Lawyers - Ground Floor, 3 Owens Road, Epsom.

Phone: (09) 631 0541    Fax: (09) 630 8206    Email: admin@sellarbone.co.nz

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FAQ

FAQ

The information on this page is of a general nature and is intended for information purposes only. It must not be relied upon as legal advice in relation to any matter you have.

What does the Law Society do?

The most important functions of the Law Society are providing continuing legal education for Lawyers and Legal Executives, providing legal forms and stationery, reviewing and making submissions on new legislation and topical legal issues, dealing with complaints from clients about lawyer’s conduct or fees and administering the fidelity fund which provides compensation to clients in the case of dishonest lawyers.

When the Lawyers and Conveyancers Act 2006 comes into force which is expected to be later in 2008, it will be voluntary for lawyers to be a member of the Society. John will be maintaining his membership.

What is a Conveyancer?

The position of Conveyancer has been created by the Lawyers and Conveyancers Act 2006. A Conveyancer will specialise in property transactions (i.e.conveyancing).

The potential problem with a Conveyancer will be the inability to recognise and advise on legal issues related to conveyancing such as relationship property, asset protection, tax, estate planning or business issues.

What is a Cross-Lease?

A cross-lease is a method of subdivision that was created in the 1960’s. It enabled multi-unit developments on land that was not ableto be subdivided in the conventional manner.

In a conventional subdivision eachflat has its own freehold title. In a cross-lease each flat owns a share of the land and buildings that comprise the total development and also has a 999 year lease of a flat. It is common for each flat to have the exclusiveuse of a defined area of land.

A cross-lease title is more complicated than a freehold title because it involves a plan (defining the flats and exclusive use areas) and a lease. There are also problems with making any alterations or additions to a cross-lease flat and sometimes with the repair and insurance obligations in the lease.

What is a De Facto Relationship?

Two people who live together as a couple who are both 18 years or older and who are not married or in a civil union may be in a de facto relationship depending on:

  • the duration of the relationship

  • the nature and extent of common residence

  • whether or not a sexual relationship exists

  • the degree of financial dependence or independence and any arrangements for financial support

  • ownership, use and acquisition of property

  • the degree of mutual commitment to a sharedlife

  • the care and support of children

  • the reputation and public aspects of therelationship

Once a couple has been in a de facto relationship for 3 years (or in some cases if they have had a child, less than 3 years) the Property (Relationships) Act 1976 will apply to their relationship and property that was separate property may be deemed to be relationship property and be liable to be shared equally. Usually the most significant asset that will be affected is the family home..

What does the Law Society do?

The most important functions of the Law Society are providing continuing legal education for Lawyers and Legal Executives, providing legal forms and stationery, reviewing and making submissions on new legislation and topical legal issues, dealing with complaints from clients about lawyer’s conduct or fees and administering the fidelity fund which provides compensation to clients in the case of dishonest lawyers.

When the Lawyers and Conveyancers Act 2006 comes into force which is expected to be later in 2008, it will be voluntary for lawyers to be a member of the Society. John will be maintaining his membership.

What is a Conveyancer?

The position of Conveyancer has been created by the Lawyers and Conveyancers Act 2006. A Conveyancer will specialise in property transactions (i.e.conveyancing).

The potential problem with a Conveyancer will be the inability to recognise and advise on legal issues related to conveyancing such as relationship property, asset protection, tax, estate planning or business issues.

What is a Cross-Lease?

A cross-lease is a method of subdivision that was created in the 1960’s. It enabled multi-unit developments on land that was not ableto be subdivided in the conventional manner.

In a conventional subdivision eachflat has its own freehold title. In a cross-lease each flat owns a share of the land and buildings that comprise the total development and also has a 999 year lease of a flat. It is common for each flat to have the exclusiveuse of a defined area of land.

A cross-lease title is more complicated than a freehold title because it involves a plan (defining the flats and exclusive use areas) and a lease. There are also problems with making any alterations or additions to a cross-lease flat and sometimes with the repair and insurance obligations in the lease.

What is a De Facto Relationship?

Two people who live together as a couple who are both 18 years or older and who are not married or in a civil union may be in a de facto relationship depending on:

  • the duration of the relationship

  • the nature and extent of common residence

  • whether or not a sexual relationship exists

  • the degree of financial dependence or independence and any arrangements for financial support

  • ownership, use and acquisition of property

  • the degree of mutual commitment to a sharedlife

  • the care and support of children

  • the reputation and public aspects of therelationship

Once a couple has been in a de facto relationship for 3 years (or in some cases if they have had a child, less than 3 years) the Property (Relationships) Act 1976 will apply to their relationship and property that was separate property may be deemed to be relationship property and be liable to be shared equally. Usually the most significant asset that will be affected is the family home..

If you have any questions, we would like to help