Your Partner in Law | 04 939 2366 | 119 Queens Drive Lower Hutt

JAG LEGAL’S SERVICES

As General Practice lawyers, JAG Legal’s role is to assess with you your needs in respect of any legal matter that should arise.  

The matters on which JAG Legal has worked most closely with the clients are:

For individuals

For commercial clients

Use the links above to go to the area you are interested in...

Property...

 

JAG Legal is able to assist you with all kinds of property transactions, such as:

  • Preparation of agreements for sale and purchase for real estate property

  • Sale and purchase of property

  • Due diligence with you to meet the conditions of the agreement

  • Financing of property

  • Refinancing of real estate property which are subject to a mortgage

  • Subdivision of land into 2 or more lots, Cross lease or Unit Title

  • Rectification of incorrect titles

  • Transfer of property between entities or related parties

  • Property sharing agreements

  • Obtaining first home buyer Kiwisaver withdrawals from Kiwisaver schemes

  • Obtaining first home deposit subsidies from Housing New Zealand Corporation for qualifying first home buyers who are members of Kiwisaver schemes


JAG Legal is linked into Landonline and therefore can complete property transactions quickly and efficiently for you.  

On every occasion that an agreement is entered, the agreement should always be subject to the search of the title unless there has been the opportunity to search the title and report on it to you before the agreement is signed.

Wills and Trusts...

 

Wills and Powers of Attorney

The Will has become one of the most important personal documents in a person’s life.  Each Will must be crafted to meet an individual’s needs.  There are so many different requirements and wishes, some of which arise from the increase in blended families, changes in relationships, and more and more people have got a financial estate to leave to those dearest to them on their death.  

JAG Legal takes time over Wills because it is so important that they are both right and express clearly the wishes of the Will maker.  

In addition to Wills, Powers of Attorney, particularly Enduring Powers of Attorney, have become more important.  Older persons entering into a care facility are often required to provide an enduring power of attorney to make clear who is nominated as attorney.  In many ways, the enduring power of attorney has replaced the historic “next of kin” person in a person’s life.  

There are now many choices that can be made in how and enduring power of attorney may be carried out and it is important to spend time to ensure that the form of power of attorney meets the requirements and the desire of the person granting the power of attorney.  

 


Family Trusts

For a number of clients it has been appropriate for them to develop a family trust model and to transfer their assets to the family trust.

There are many options when forming a family trust to ensure that the trust best suits your needs and those of your family.  

Maintenance of the family trust is also important.  That maintenance can include reviewing who should be the trustees, reviewing which assets should be held within the family trust and whether you should gift or advance money to the family trust to enable those assets to move into the hands of the trustees.

For some people, it becomes appropriate for them to wind up their trust, particularly in retirement, if the trust is going to serve no further purpose for them.  

As everybody’s circumstances are unique, the creating of the trust, the maintenance of the trust and consideration as to when the trust should be wound up needs to be considered on an individual basis with each client.

 

Estates

When a person dies having left a Will, then the executors are required to obtain an order for Probate from the High Court of New Zealand if the total estate exceeds $15,000.  If the deceased person has not left a Will, then an order for Letters of Administration needs to be obtained. 

JAG Legal assists clients with applications to the High Court for the appropriate order and assisting with the estate administration where required by the executors.

There are times when not everybody agrees with the Will of the deceased.  There is an opportunity for claims to be made by certain people against estates and s are happy to assist with those claims where appropriate.  The claims can arise from:

  • Relationship property rights

  • A testamentary promise

  • Family protection for certain persons in the immediate family of the deceased

Preneptual/Separation...

Relationship Property

With the introduction of the Property (Relationships) Act in 2002, it is increasingly important for couples in a relationship to seek legal advice early on their relationship in order to establish how their property will be shared in the event of separation or death.  

It is increasingly common for parties in a relationship to enter into an agreement determining the manner in which the property is to be divided.  Such agreements are often called ‘prenups’ or ‘property sharing agreements’.

It is important for each party to have their own separate legal advice because once the agreement is signed the agreement will determine how property will be shared between the parties in the event of a separation or if one of the parties dies.  


Separation Agreements

When a separation occurs there can often be a grieving process by one or both of the parties.  

To enable parties to go their own separate ways, it is necessary for the parties to separate their property between them.  

Many relationships end without the parties having previously agreed upon or being able to agree upon the manner in which their property should be divided.  

The frustration of this process, during a very difficult time, is reduced if each party appoints a solicitor to represent them.  A separation and relationship property agreement needs to comply with certain criteria in order to be binding, enforceable and able to be relied upon by the parties.  

The Property (Relationships) Act determines the manner in which property should be divided between the parties.  The legislation applies not only to married couples but also to parties in a civil union or de facto relationship.  Relationship property matters are complex and unique in each case. 

General...

 

Civil and Family disputes

Disagreements between people do happen.  Those agreements may be in the family, the workplace, or in other relationships both in contract and tort within the community.

Each dispute is different and there is a range of options, approaches or responses which need to be tailored to each separate case.

Business...

 

Structures

There are a number of different business structures that are available to anyone going into business.  An analysis of each client’s requirements will lead to determining what the business structure should be.  The principal business structures are:

  • Sole trader

  • Partnership

  • Special Partnership

  • Company

  • Trading trust


It is appropriate when establishing a company structure that it is determined with the client having a wide range of advice.  As a minimum, JAG Legal likes to work with the accountant of the client as well as the client themselves in choosing the best way forward for them.  

Where there will be more than one business owner, it is important that the relationship and the understanding between the proposed business owners is also determined and resolved prior to the commencement of the business.

JAG Legal can advise as to the issues that should be addressed between the parties and the agreements made between the parties can be recorded in a shareholder’s agreement or a joint venture agreement between them.  Where the structure for the business will be a company, the company constitution can then be prepared to reflect the shareholder’s agreement that has been reached. 

 

 

Sale, Purchase & Financing of a Business

It is important that whether for a purchaser or a vendor of a business that JAG Legal is able to review the agreement with the client prior to it being signed.  Although there is a standard form for agreements for sale and purchase of a business, the transactions are not as standard as for a land sale and purchase transaction as each business is in itself unique and the respective positions of the purchaser and the vendor are also personal to them. 

Purchasers need to ensure that the agreement protects them and ensures that the business they purchase is the business they were expecting to own.  To achieve that often vendors are required to give a significant number of warranties because the vendor is the only party that knows the true position.  For vendors, it is important that all of the warranties given are correct otherwise the vendor may find a disgruntled purchaser coming back to the vendor for compensation.

A purchaser needs to complete the due diligence both in terms of legal and financial matters, before entering the agreement or before the expiry of a due diligence condition included in the agreement. 

Once the agreement is signed and unconditional, the transfer of any leases and the providing of securities to banks for any borrowings also need to be completed in time to enable settlement to occur on the appropriate date. 

 

 

Leasing Arrangements

For many commercial entities, the business is carried on from premises which are owned by somebody else. 

JAG Legal prepares leases, renewals of lease and variations of lease for landlord clients and review those documents and negotiate terms for tenant clients.

 

 

Franchising Agreements

A franchisor needs assistance to establish a franchising business and determine the terms and conditions of the franchise agreement. 

Franchisees of various business systems need assistance to negotiate the franchise agreement or to understand the obligations and rights of the franchisee under a franchise agreement that has already been signed.

 


Disputes within the Business

Disputes can arise between business owners.  That may occur within a partnership model or under a company model.

The rights of each partner in a partnership are determined either by the partnership agreement or by the Partnership Act.

In a company model there are provisions within the Companies Act that provide for the rights of minority shareholders as well as other provisions which provide for applications to the Court where there is a genuine deadlock situation between the shareholders.

 

 

Business Restructure

As time progresses and businesses become bigger, smaller, purchase subsidiaries or have a change in the number of shareholders and directors, it is important to seek advice as to how the business should be restructured to meet the forward direction intended by the business owners. 

As well as changing the company structures, it may be necessary to change and restructure the financing of the company and how the management decisions are made.