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We find ourselves in May still with balmy weather and winter on our doorstep. And it's busy on a number of fronts.
Relationship property inquiries, including pre-nuptial agreements, continue to come in a steady rate (if you, a family member or a friend might need some help here, let us know).
The property market also continues to thrive, with QV general manager David Nagel reporting that the market hit a new high in April.
Changes for succession law afoot
Succession law, which governs who your property might pass to upon your death, is likely up for some big changes.
That’s because the Law Commission has recently reviewed this area, and drafted a series of recommendations they plan to present to the Government. And those recommendations often end up in law.
The current law is spread amongst a number of sources and statutes, including:
And as you might tell from some of the dates on those statutes, the existing law has been around for some time. Family arrangements have changed since then, and continue to evolve. Public perceptions of property and what’s fair have changed. So the Commission has proposed a number of other changes with this in mind.
The process is at an Issues Paper stage, which the Law Commission is seeking submissions on up until 10 June. The plan is to present final recommendations to the Government by the end of the year.
DNA: an effective tool in solving crimes… but with its own set of privacy implications
Succession law isn’t the only area that’s kept the Law Commission busy. In recent months, the Commission has also produced a report containing 193 recommendations to update the law applying to forensic DNA analysis.
The law governing forensic DNA analysis was passed in 1995, and in just those 26 years, there’s been considerable development in our understanding of DNA, and the ways in which it can be used to help solve crimes. While it might sometimes be compared to fingerprints—a unique way to identify a person—DNA also allows one to identify someone’s family line.
And even if you can’t match a DNA sample to an existing record, you might be able to use it to narrow it down to a family. An example of this was the “Golden State Killer” in California, where a serial killer was identified more than 30 years after his last murder thanks to a DNA sample being matched to a distant relative in a public DNA bank.
There’s a whole lot of policy and privacy issues that weren’t really considered 25 years ago. And with that, the Commission has identified a number of issues with the Criminal Investigations (Bodily Samples) Act 1995 (“CIBS”).
Still, the privacy implications of these kind of databases aren’t fully resolved. Writing in The Conversation, University of Auckland associate professor of law Carrie Leonetti identifies a number of potential issues with the proposed regime.
The recommendations are now with the Government, with the Commission awaiting its response.
The working week hasn’t always been a standard five days, and if recent trials are any indication, it might get even shorter.
According to Stuff, the four-day working week introduced at Perpetual Guardian in 2018 saw a 20 percent increase in productivity. A more recent trial by Microsoft Japan saw a 39 percent jump. And now Unilever is testing the waters with its New Zealand workers, trialling a four-day week through December this year.
Given that COVID-19 forced all businesses to switch up the way they operate, maybe it’s given people a little more confidence that more flexible working arrangements could still work, or even provide better outcomes for businesses. A (non-scientific) Stuff survey suggests most New Zealanders think so.
How do you think it might work for you?
Well, that's it from us for May. As always, we’re just an email or phone call away for any questions, help or advice. We look forward to chatting next time.
Relationship property inquiries, including pre-nuptial agreements, continue to come in a steady rate (if you, a family member or a friend might need some help here, let us know).
The property market also continues to thrive, with QV general manager David Nagel reporting that the market hit a new high in April.
- The average New Zealand house is now valued at $913,000, compared with $884,447 just a month earlier.
- Heartland Bank has dropped its floating mortgage rates to 1.95%, and their 1-year fixed to 1.85%.
- And accordingly, our property team continues to experience high demand!
Changes for succession law afoot
Succession law, which governs who your property might pass to upon your death, is likely up for some big changes.
That’s because the Law Commission has recently reviewed this area, and drafted a series of recommendations they plan to present to the Government. And those recommendations often end up in law.
The current law is spread amongst a number of sources and statutes, including:
- wills
- estate planning mechanisms, such as trusts
- the Family Protection Act 1955, which allows some family members to claim against an estate
- the Property (Relationships) Act 1976
- the Administration Act 1969, which addresses situations where someone dies without a will
- testamentary promises
- constructive trusts
And as you might tell from some of the dates on those statutes, the existing law has been around for some time. Family arrangements have changed since then, and continue to evolve. Public perceptions of property and what’s fair have changed. So the Commission has proposed a number of other changes with this in mind.
- Family Protection claims may only apply to a smaller group of familial claimants. Parents and grandchildren, who can currently make claims, would no longer be able to.
- The way assets are distributed in intestate states (where there’s no will involved) would change.
- Claims currently made in equity for contributions that have added value to an asset might be brought under a statute, and classified as Contribution Claims. Property owners could enter into contracting-out agreements to prevent these claims being brought against their estate.
- The Courts could have powers to restore assets to estates that may have been put elsewhere as avoidance measures.
The process is at an Issues Paper stage, which the Law Commission is seeking submissions on up until 10 June. The plan is to present final recommendations to the Government by the end of the year.
DNA: an effective tool in solving crimes… but with its own set of privacy implications
Succession law isn’t the only area that’s kept the Law Commission busy. In recent months, the Commission has also produced a report containing 193 recommendations to update the law applying to forensic DNA analysis.
The law governing forensic DNA analysis was passed in 1995, and in just those 26 years, there’s been considerable development in our understanding of DNA, and the ways in which it can be used to help solve crimes. While it might sometimes be compared to fingerprints—a unique way to identify a person—DNA also allows one to identify someone’s family line.
And even if you can’t match a DNA sample to an existing record, you might be able to use it to narrow it down to a family. An example of this was the “Golden State Killer” in California, where a serial killer was identified more than 30 years after his last murder thanks to a DNA sample being matched to a distant relative in a public DNA bank.
There’s a whole lot of policy and privacy issues that weren’t really considered 25 years ago. And with that, the Commission has identified a number of issues with the Criminal Investigations (Bodily Samples) Act 1995 (“CIBS”).
- The purpose of the CIBS Act is unclear and the structure is confusing;
- The science is continually developing and these developments raise human rights, Treaty of Waitangi, ethical and tikanga issues, as well as issues around informational privacy that need to be addressed;
- The CIBS Act is not sufficiently comprehensive; and
- There is no independent oversight.
Still, the privacy implications of these kind of databases aren’t fully resolved. Writing in The Conversation, University of Auckland associate professor of law Carrie Leonetti identifies a number of potential issues with the proposed regime.
The recommendations are now with the Government, with the Commission awaiting its response.
Is it time for the four-day working week?
The working week hasn’t always been a standard five days, and if recent trials are any indication, it might get even shorter.
According to Stuff, the four-day working week introduced at Perpetual Guardian in 2018 saw a 20 percent increase in productivity. A more recent trial by Microsoft Japan saw a 39 percent jump. And now Unilever is testing the waters with its New Zealand workers, trialling a four-day week through December this year.
Given that COVID-19 forced all businesses to switch up the way they operate, maybe it’s given people a little more confidence that more flexible working arrangements could still work, or even provide better outcomes for businesses. A (non-scientific) Stuff survey suggests most New Zealanders think so.
How do you think it might work for you?
Well, that's it from us for May. As always, we’re just an email or phone call away for any questions, help or advice. We look forward to chatting next time.
Regards,
Clive, Grant and the Team at Canterbury Legal
