What differentiates us from other law firms is our culture, our people. 

Most law firms know a lot about the law but our team take the time to get to know you and your family or business to form a strong relationship.  We genuinely care about your needs, which is why we are able to provide far more helpful and accurate advice that can save you plenty of time, energy, and money.  

​We work as a team to make sure everything you want managed or solved is done effectively and efficiently.  Our team is made up of individuals who have a wealth of knowledge and they work collectively to meet your needs.  No one likes to waste their time or wait, so we make sure we are responsive, make it easy to understand, and answer all your questions taking into consideration common sense and what your wishes are.  We don't make things complicated or confused, we deconstruct the law so its simple and clear for you to understand all the options available to you.

For this reason, we are able to provide you with solutions tailored to your unique circumstances ensuring an outcome that works for you.  Whether it is advice on a business venture, the need to change a Will, understanding the cross lease of a property, succession planning for the family farm or business, or anything in-between our team have you covered.

Pride and accountability in our work and a commitment to our clients makes us continually reach for new heights.  We don't just say it, we also live it - come and talk to us if you have a legal issue and find out for yourself.

We are pleased to introduce our very happy, hard working Solicitor Nicola Rowe to you.  Nicola joined DK Legal at the beginning of November and has already made a great impression with our clients.

Nicola was born and raised in South Auckland. She attended AUT University graduating with a Bachelor of Business (majoring in management) in 2017 and a Bachelor of Laws in 2018.  Nicola worked throughout her time at AUT for Housing New Zealand in the Procurement team.  She became well known for her ability to build relationships both within HNZ and with outside parties through establishing genuine trust.  She is incredibly dedicated to learning and thrives in busy environments.  Nicola is one of those people that constantly aims to please and when you join that with her amazing determination, she is always going to get results. 

Nicola left HNZ to pursue her love of law and ended up working for Dave Rice & Associates before joining a very busy criminal law practice based in South Auckland.   A wish to settle down outside of Auckland and build her family life, led Nicola to the Hawke's Bay where she is now loving the outdoors and has  been for her first dive at Blackhead beach.

Outside of work, Nicola is a long suffering Vodafone Warriors believer and a die hard Maroons supporter.  With a Mum who was a Speedway driver, she was always going to end up loving the dirt track and has already found her way to the Meeanee and Palmerston North tracks this season!  

Welcome to DK Legal Nicola, it is great to have you on board!

Retha du Preez joined DK Legal in March 2018 after relocating from Auckland where she resided since 2001.  Retha holds a Master’s degree in Human Rights and Constitutional Law from the University of Johannesburg and a Law degree from the University of Pretoria.  Retha then returned to study on her arrival in New Zealand and earned a Master’s degree in Resource and Environmental Planning from Massey University.

As well as practicing law in Auckland, Retha has more than 14 years experience working as a Town Planner for Auckland City. Her significant property law experience comes in handy for all areas of residential property work – including agreements for sale and purchase, loan refinancing, Kiwisaver draw downs, building contracts, and subdivisions. She also enjoys working with her clients to create peace of mind through personalised trusts, Wills, and Enduring Powers of Attorney.

Retha has travelled the world extensively but loves being settled in Hawke’s Bay for its fresh produce, amazing walks, beaches, and wineries!  Retha is an avid cook and has used her love of travel to ensure she can whip up anything from Baklava to an amazing Italian risotto and don’t get me started on her Moroccan dishes!

Retha has a wealth of experience in property transactions and an endearing personality that ensures you are in safe, confident, and caring hands.  When Retha takes on legal work, her clients certainly reap the benefit of her considerable knowledge, experience, and personal investment to ensure her clients get what they want and are protected along the way.

What is refinancing?
Refinancing is the process of altering one or more loans on a business or property for another. This is most frequently done to increase the amount of a loan or take advantage of more beneficial interest rates or conditions.  Given the extremely competitive interest rates currently available at most banks, this is an option a large number of individuals and businesses are taking up.  The broad range of banks offering competitive interest rates makes it very worthwhile financially to consider whether you remain within your existing bank or whether to refinance to a new bank.

Existing Bank
It is always worthwhile negotiating with your current bank. Your current bank is unlikely to approach you to refinance to a lower rate, however if they know you are thinking of switching banks they may offer you a competitive rate so you continue your banking relationship with them.
 
Break Costs
What are Break Costs? Break costs are the fees your bank may charge if you pay off a loan earlier than the fixed interest rate term. If you current loan or mortgage is on a fixed interest rate (as opposed to a floating (variable) interest rate), it is likely you will incur break costs. Your bank will be able to give you an estimate of those break costs and you should do this prior to signing up with another bank for a refinance. You need to take into consideration the break costs when calculating if a refinance is in your best interests.
 
New Bank
If you decide that moving to a new bank is the best option for you, always ask whether the bank is willing to contribute towards your legal costs for the refinance and/or give a cash contribution.  Most banks will want your business and one of the ways they help 'sweeten' the transfer is to offer a contribution to the fees associated with making the change.  If you are refinancing from your existing bank to a new bank it is likely that you will need the assistance of one of our team at DK Legal or 247 Property to help you complete the process.
 
What does a lawyer do?
If you are switching banks our team at DK Legal or 247 Property will arrange for a discharge of the current mortgage security over your property. Your new bank will prepare and send to us the new loan documentation and mortgage instructions. The bank requires that you meet with a lawyer to explain the documentation to you and to complete the security change over your property from one bank to another.
 
Our 247 Property division of DK Legal offer a comprehensive and personalised service that deals with your refinancing requirements efficiently yet promptly without cutting corners. If you are considering refinancing and taking advantage of the extremely competitive interest rates currently being offered please feel free to contact us to discuss your particular requirements. 

​If you die without a Will you can leave behind major legal and financial difficulties for your loved ones.  Without a Will your family has no certainty of your wishes for your funeral arrangements or how your assets should be distributed.  This can leave loved ones in conflict as family and friends try and organise what they ‘think’ you wanted.  We know this isn’t a parting gift anyone wishes to leave and why it is important to take the time to make a Will.
 
A Will formally sets out who and what you want to provide for when you die. This can include guardianship of children in your care.  It also allows you to leave specific trinkets and meaningful things to people and/or organisations you chose.  A Will can include any special instructions you may have with regards to your funeral. 
 
It is important to realise that if you marry or dissolve a marriage, any prior Will you have will no longer be valid and needs to be updated.  If you die and you have a partner but no Will, your partner does not automatically inherit your assets. There is an Act of Parliament that dictates how assets are to be divided. New Zealand laws are inflexible as to what happens to your assets if you die without a Will.
 
A Will can take very little time to organise but are often put off until later.  Take the time to ensure your family and friends can grieve your passing without the burden of having to decide what your Will wishes could have been.   We have made it even easier at DK Legal as you can submit your Will wishes online in the comfort of your own surroundings and at a time that suits you!  We will discuss your wishes with you and ensure it includes all the information required before your Will is signed. 

Today we have launched our sister company, 247 Property.  Powered by DK Legal, 247 Property delivers streamlined legal services that will make property transactions easy and stress free for all clients.  Whether you are purchasing a new home, buying your 10th investment property, or downsizing for retirement, 247 Property will be able to provide you with a level of service and expertise that will take the worries of such transactions away.

To celebrate this, we are giving away a fantastic Tremain's Art Deco Festival Prize Package on our facebook page. Included are tickets to two Art Deco events, including The Haunted Horror Hangi and thanks to Tremains An Affair at the Dome. Sileni Estates have given us something very special, and we have wonderful products from Te Mata Figs, Hohepa Cheeses, Arataki Honey, Birdswoods Gallery Lolly Shop, and The Village Press.  All you need to do is be a fan of DK Legal and 247 Property and comment with who you would enjoy this prize package with.

Please see below for our full Terms and Conditions:
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This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. You are providing your information to the promoter and not to Facebook.
 
Information on how to enter and prizes forms part of these terms and conditions. By entering this competition, you accept these terms and conditions.  Any entry not complying with these terms and conditions is invalid.
 
PROMOTER - The promoter is DK Legal Limited, 201 Market Street South, Hastings, PO Box 403, Hastings, 4122, phone 06 876 3553 Website: www.dklegal.co.nz or www.247property.co.nz
 
WHO CAN ENTER - Entry is open to residents of New Zealand. Employees of DK Legal and 247 Property, and their immediate families are not eligible to enter. Entries are not accepted by mail, email, phone, or other entry methods. Entries must be completed on the Facebook application. Entrants must be a fan of DK Legal and 247 Property on the day of the draw for the entry to be valid.
 
DATES - The promotion commences at 11am on Thursday 2nd February 2017 and closes at 11:59pm on Wednesday 15th February.
 
PRIZES – There is one prize draw. The first prize draw is for two tickets to the Art Deco Event Haunting Horror Hangi on Saturday 18th February 2017 (from 6pm), two tickets to the Art Deco Affair at The Dome as guests of Tremains on Saturday 18th February 2017 (3pm-5pm), and products Sileni Estates Wines, The Village Press, Hohepa Cheeses, Arataki Honey, Birdswoods Gallery and Sweets.
 
WINNER - The winning entry will be drawn randomly from all correctly finished entries on the day after the closing date, that being Thursday 16th February, 2017. The winner will be notified on Facebook and by private message within one working day of being drawn. The winning result is final and no correspondence will be entered into.
 
COLLECTING PRIZE/S – The winner must collect their prize from DK Legal Limited within 3 calendar days of the draw. The winner will be required to show proof of identification.  The prize is not transferable for cash,
 
PRIVACY - The contact information you provide will only be used for drawing and contacting the winners. The promoter is committed to protecting your privacy. We adhere to a strict privacy policy and will not share or sell your personal information to any third party. It is a condition of accepting the prize that the winners agree to the use of their name, image and photograph/s for publicity and promotional purposes, without compensation, and agrees that the Promoter will own copyright in any such images and photograph/s and in all material incorporating the photograph/s.

Trusts must now have their own IRD numbers and tax-avoidance measures have been introduced to target those regularly turning over property.
 
Trusts to have IRD numbers
To allow IRD to collect more information about people who are dealing in land, trusts must get their own New Zealand IRD number when dealing with property. 
 
The “bright-line” test
The “bright-line” test came into play on 1 October 2015.  Since then, if you sell a residential property within two years of purchase you must pay income tax on any gains, unless you come within one of the exceptions.
 
The primary exception is where the property is the ‘main home’.  For trusts to have the protection of this exception:

• The property must have been the main home of a beneficiary of the trust; and
• The person who put the most into the trust (principal settlor), must not own a different main home.

An example of this is Bernard who has two properties, a family home which he lives in, and a student flat which his son lives in while studying. Bernard puts the student flat into a trust and makes his son a discretionary beneficiary of the trust. The trust cannot use the main home exception because the principal settlor of the trust (Bernard) has another main home.
 
The requirement that the property is occupied mainly as a residence is the key part of the exception, ensuring that properties used mainly for investment or other purposes must pay tax.     
 
Where to from here?
If you are a Trustee of a Trust and the Trust is anticipating entering into a property transaction in the near future it is important that you make sure you can comply with these new requirements. 
 
If you are uncertain about how this might affect you, please get in touch.  We’d be happy to help you out.

Click here for more on Trust Law.

Christmas and the summer holidays are fast approaching and with so many things to do around Hastings and Hawke’s Bay many of our staff are staying in this region we love for their festive season.

Lawyer, Emma Dawson and her beautiful family are set to ring in the Christmas season with an outing to Christmas at the Park on the 17th December at Hawkes Bay A & P Showgrounds.  Emma and her family aren’t venturing far from their Hastings base for some relaxation as they will be spending the summer at their favourite place, Waimarama.  With surfing, fishing, swimming, and walking all available along this gorgeous Hawke’s Bay golden sand beach it’s not hard to understand why!

The gorgeous Lizzie is set to take in the Tremains Christmas Lights extravaganza with her Mum and Nana in tow.  Every year, these three ladies participate in this family tradition taking in the amazing decorating efforts of the very creative and festive homeowners in Hawke’s Bay.  Lizzie is also joining with a group of friends for a night out at Black Barn’s OpenAir Cinema to watch that iconic New Zealand movie Hunt for the Wilderpeople in early January.  The OpenAir Cinema isn’t on for long and if you have never been this is a must try Hawke’s Bay event!

Janet and her family are off to see the awesome Gannet colony.  I’m sure these two delightful girls will love the tractor ride out along the beach!  Once you reach Cape Kidnappers, the custom ride out to the colony is super fun for the whole family and the colony and views are priceless at the end.

Our lovely lawyer Kirsty Kupa is also in Hawke’s Bay for the summer.  Her husband is born and bred in this wonderful region and is known to be very hard to motivate to holiday anywhere else.  With two small boys, these two know all the best Hastings destinations and you are bound to see this lawyer sliding down a waterslide at Splash Planet.  Kirsty is also known for taking in the captivating views from the top of Te Mata peak.  Of course, the bribe for this family joining Kirsty on her hiking adventures always finishes with a delicious ice cream at Rush Munroes in Hastings.

Our wild child Katie, is also taking in Christmas at the Park to get into the festive spirit with her son.  And for our Katie, the majority of the summer holidays will be spent at Ocean and Waipatiki beaches.  Although with a new motorbike to unleash, I’m fairly certain Katie will also be spending a bit of time on the roads!

Dana, our wonderful new Hastings Lawyer, can’t wait for some downtime to explore her new hometown.  Dana is already a regular at the Hastings Farmers Market on Sundays, but plans on making the most of Black Barn’s OpenAir cinema, swimming at Mahanga, and taking plenty of trips out to Waimarama beach.  The highlight of the summer looks like it’s going to be a night at Sacred Hill with Shapeshifter in late December and hosting friends and family from around the country who are eager to experience summer in the Bay.

We sure have plenty of plans for the summer and hopefully our ‘must do’s’ have inspired you to get out and enjoy all that Hastings and the greater Hawke’s Bay has to offer this summer. 
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As Hastings lawyers, we love the Bay! The team at DK Legal wish you all a very Merry Christmas and the warmest of wishes for 2017.  Wherever you may choose to spend it, may you be safe, happy, and surrounded by loved ones.

A Trust is a document that is created when a person (the "settlor") places their assets under the control of a person (the "trustee") for the benefit of some other person or people (the "beneficiaries") or for a specified purpose.  For example, Ma and Pa Kettle (the “settlor”) transfer their ownership of a house by the sea (the asset) to a Trust under the care of their independent lawyer (the “trustee”) for the benefit of their two children (the “beneficiaries”) so the house can be used for holidays by future generations.

Twenty years ago the establishment of a family Trust was as popular as joining a crossfit gym is today.  Unlike joining a gym, the establishment of a family Trust required little physical exertion and was relatively painless in the hands of a good lawyer. 

Regrettably, not everyone put their faith in the right hands and as a result some Trusts were poorly set up and didn’t offer the level of protection they should to the parties concerned.  Unfortunately, over the last several years this has given Trusts a bad reputation and their popularity has decreased unnecessarily.   A well written Trust deed that properly sets out a Trust’s intentions in a legal and practical way is certainly still a worthwhile investment for some people and their situation.

Trusts are an effective way to protect an individual’s separate property from relationship property.  In recent years, the judicial system has sort to exercise a sense of ‘fairness’ with regards to assets in a Trust which has given rise to a lack of faith in their establishment.  On closer inspection, this judicial need for fairness has been when Trust’s have been established well into the relationship to protect only one of the individuals concerned.  When starting a new relationship (or prior to a relationship), it is essential to put a Trust in place as soon as practical to safe guard everyone’s individual assets. 

Trusts continue to be very worthwhile for succession planning.  It is now far more common for a widower to remarry putting intergenerational assets at risk if the new marriage fails and each party has their own children.  If these assets are transferred to a Trust on the death of the spouse, this enables those family assets to be protected for future generations and not part of any future relationships property.
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Like all worthwhile ventures, Trusts need to be maintained.  As time flies by, our circumstances change often without us noticing!  With these changes, the legal and practical reason for having the Trust may also need to be adjusted or redefined.  Making sure your Trust aligns with your desires today and what you intend for the future is just as important as the original document.  

The team at DK Legal have extensive experience in reviewing Trust documentation and providing advice on the same, including whether a Trust is necessary for your situation.

Click here for more Trust Law.

So you’ve been house hunting and have finally come across the perfect property but you go to put in an offer and discover that it is subject to a cross-lease. You still want to buy the property, but what does the cross lease mean?

Cross leases were a popular form of ‘subdivision’ dating back to the 1960’s through to the 1980’s. The reasoning behind this system of land development was that cross-leases were not considered to be a subdivision and therefore developers could avoid Council requirements for subdivisions. The cross lease was especially popular for small developments.
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Cross leases are used when more than one house is built on the same piece of land.  In a cross lease situation, the land is owned (in shares) by the owners of each of the houses, units or flats situated on the land.  If your cross lease has two houses on it, then each owner will ordinarily own an undivided half share (in the land), three houses would be an undivided one third share, and so on.
 
The homes built on the land are leased from the other land-owners. Each owner grants to the others a long-term lease of the flat or unit that owner occupies.  Each owner is granted a lease by the other owners and that is why they are called a ‘cross lease’.
 
A cross lease title has a plan attached (the flat plan) which outlines the areas of exclusive occupation (the house or unit occupied by each owner, a private area of garden or a courtyard, for example) and any common areas (such as driveways or parking areas).  Without the cross lease document and the flat plan, there would be no way to know who is entitled to occupy which part of the land.
 
So what does this mean financially? Normally, a cross lease will be held for a really long period (like 999 years) for a small rental – often as little as $1.00.  The implications of a cross lease arrangement are more likely found in the lease document for the property.
 
Because the lease document provides that each owner is a landlord and also a tenant in respect of their own house or unit there are guidelines and rules about the property.  This could be as minor as not allowing pets, or as restrictive as limiting how you can alter the house or the colour you can paint its exterior. It’s really important you have a good understanding of those restrictions before signing on the dotted line.
 
Another possible restriction is in relation to making alterations to the flat or the erection of other buildings on the exclusive use area you occupy, without the consent of the other owners.  When any major building work or alterations take place on a cross lease title, owners usually must get the consent of the other owners. Often people don’t realise that owning a cross lease property will require your neighbour’s permission to building alterations.
 
In the worst of situations, owners may have to pay a neighbour to get permission for building work, or end up in a dispute over consent being given….or not!
 
It is also very important to know that when alterations are made to a cross lease property that alter the footprint of the house, a new plan and title need to be created.  This is something few cross lease owners realise.  It is commonly discovered when they go to sell their cross lease property and are told their title does not match what the property actually now looks like after an alteration.
 
For a cross lease title to be correct, the external appearance of the house or flat needs to match the footprint (the outline of the house or unit) shown on the plan attached to the certificate of title (the flat plan).  It is very common for owners to add a conservatory, addition, or outbuilding of some kind and not to arrange the necessary legal work to have their title corrected.  This can result in what is called a defective title.
 
While many clients have done all the rights things with Resource and Building Consents from Council and their alteration or conservatory is legal in that regard, what Council doesn’t usually tell owners to do is to update their flat plan and title.  The building work may be legal; but the title to the property now does not match what is on the ground.  To correct the title requires consent from all other owners, a new survey of the property, a new flat plan showing the flat as it now looks with the addition and a variation to the lease. Having a defective title can result in trouble selling the property not to mention the cost in putting it right.   

Some of the important things to keep in mind and check when dealing with a cross lease are:

• Check the flat plans against what is actually there – make sure the external dimensions match up.
• Know the terms of the cross lease – especially the restrictions. Make sure you understand who is responsible for the upkeep of the interior and exterior of the flat.
• Do a bit of digging into the other cross-leases within the development.  Are all the flats compliant with the terms of the cross lease, what is actually happening at owner level?

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The purchase of a house is a big deal, whether it is a cross lease or not.  You should get legal advice to ensure you are going in with your eyes wide open.  There are many pitfalls’ that we can help you avoid, so please get in touch with us.

Click here for more on our Conveyancing Law & Property Law services. Check out 247 Property Law if you do have a real estate transaction coming up.