Newsletter - January 2026
The year has started quickly as everyone heads back in from the beach or their backyard, and if the first few weeks are anything to go by, 2026 is shaping up to be a busy and hopefully very productive year. We’re already seeing a steady stream of questions around property, immigration, estate administration and public works, often from clients who are trying to plan ahead rather than react once issues arise.
Across these areas, a common theme is uncertainty and also trying to pre-empt potential problems. Whether it’s navigating a property decision, understanding immigration options, dealing with the administration of an estate, or managing the impact of public works on land or businesses, the right information at the right time can make all the difference.
Early conversations with the right people, often help avoid unnecessary complexity later on.
In our first newsletter for 2026 (which is a bit of a bumper edition), we touch on a number of topics that are already influencing decisions for individuals, families and businesses as the year builds up some pace. Our aim is to highlight what we’re seeing on the ground and offer some practical insights to help you approach the year ahead with greater clarity and confidence.
Our team is ready, and willing to assist you, no matter what your legal questions might be.
Planning Ahead - 2026
Property
The modern world is becoming a very automated place and AI is changing the way we do almost everything, including how we manage some of the most important transactions we will ever have to deal with. This is a story (fictional of course) about Barry, who decided that with all of the AI tools available, he didn’t need a lawyer to manage his property sale.
Barry jumped online and typed: “Draft me a simple property sale agreement. Nothing fancy.”
The AI, being polite and confident, produced a very convincing document. It had headings. It had clauses. It even used words like “hereinafter”. Barry was impressed. Lawyers, he thought, were just expensive spell-checkers. So Barry sold his house.
Six months later, Barry discovered three exciting surprises:
He had accidentally sold the garage, the driveway, and the lemon tree - but not the actual house.
He still owed rates on the house he no longer fully owned.
His neighbour now legally had the right to park a boat in Barry’s kitchen, due to a “shared access provision” no one noticed.
Barry went back to the AI with “This seems wrong.”
The AI replied - I’m sorry you feel that way.”
Helpful.
Barry then discovered something fascinating about AI-generated legal documents:
They don’t know what matters.
They don’t know what you meant.
And they don’t appear in court with you when things go sideways.
Eventually, Barry did what everyone does after the disaster - he called a lawyer. The lawyer asked three questions. Looked at the document once. Closed her laptop slowly. And said - “Who drafted this?”
Barry whispered - “A robot.”
The lawyer nodded.
“That explains the lemon tree.”
AI has very quickly become a part of everyday life and can be excellent in helping you to do many things, with some obvious limits. Lawyers however are also excellent at working with consequences. AI can draft. Lawyers protect. If the stakes involve your house, your money, your business, or your sanity - use AI as a tool, but certainly not a substitute. Because when it all goes wrong, a polite apology from your computer screen isn’t going to be that helpful.
Trusts, Wills & Estates
A long-awaited change to New Zealand’s estate law took effect on 24 September 2025: the probate threshold has risen from $15,000 to $40,000, making it easier for families to deal with smaller estates without going to court. This change, introduced by the Administration (Prescribed Amounts) Amendment Regulations 2025, marks a significant shift in how modest estates are managed.
Previously, when a person passed away and the value of their estate exceeded $15,000, a grant of probate or letters of administration from the High Court was required for the assets to be released. The assets that form part of the value of an estate include real estate, vehicles, bank balances, KiwiSaver funds, life insurance policies and personal chattels. Many estates that would fairly be described as modest only exceed the $15,000 limit because of the growth in retirement scheme balances, such as KiwiSaver, triggering a disproportionate legal hurdle.
By raising the limit to $40,000, estates that fall within the new threshold can be administered without the court’s involvement. This has several key benefits:
Faster Access to Funds: Significantly reducing delays normally faced where a grant of probate or letters of administration is required, enabling quicker access to funds and assets for the beneficiaries of the estate.
Lower Legal Costs: Avoiding court applications reduces legal fees. Some families may be able to manage the administration of the estate themselves with minimal assistance from a lawyer.
Less Stress for Families: Simplifying the process relieves families of administrative burdens at an already difficult time.
The recent law change did not raise the cap for shares or bonds – those remain at $15,000 for now. In other words, a company can only re-register shares (or a council/government registrar can transfer bonds) worth up to $15,000 without a grant of administration. Anything above $15,000 in shares or bonds will still require probate or administration.
While an increase to the prescribed amount is a positive development, having a valid will is not just a formality, it remains essential. A will ensures your wishes are clearly recorded and provides certainty for your loved ones, especially in blended or complex family situations.
A will lets you:
Decide how your assets will be divided;
Appoint someone you trust to administer your estate;
Nominate guardians for children or dependents; and
Minimise uncertainty about your wishes.
Without a will, your estate will be distributed under New Zealand’s intestacy laws, which may not reflect your personal wishes. The law can be harsh when there’s no will. Even someone you never intended to benefit can end up with a large portion of your estate; the loved one you wanted to protect may have to fight in court for what they should have had outright.
The prescribed amount payable to a qualifying spouse or partner in the case of there being no will ($155,000) has not changed with the introduction of the new $40,000 probate threshold.
An increase to the prescribed amount from $15,000 to $40,000 is a practical and positive development in the estate administration space; however, it does not eliminate the need for robust succession planning. If you have not reviewed your will recently or need to update your succession arrangements, our experienced Private Client team would be pleased to assist you.
Immigration
The year’s already shaping up to be a busy one for immigration, with plenty of momentum coming off the summer holidays and early demand from prospective migrants, particularly applicants from the United States for both the Skilled Migrant and Active Investor Visa categories.
A key focus for 2026 however is the upcoming changes to the Skilled Migrant Category (SMC) — due to come into effect in August - which are expected to open up residence opportunities to a broader pool of applicants than before. These changes are significant because they introduce new pathways for people with strong work experience and for those with technical or trade skills, not just those with traditional degree-based profiles.
At the same time, the article notes the labour market remains mixed: some sectors are seeing modest growth and skill shortages, while others are slower to rebound. That means for many migrants, finding the right job offer remains a critical part of the process, and being well-prepared — with a smart job search strategy and clear understanding of the visa steps — is even more important this year.
The overall tone is cautiously positive: despite a slower-than-rapid economic recovery, more pathways to residence and faster processing times offer genuine prospects for those ready to make the move. Planning early, assessing eligibility under the new rules, and having a solid job search strategy are all highlighted as good ways to make the most of what 2026 has to offer.
Public Works
The law governing compulsory acquisition of private land for public works in New Zealand - under the Public Works Act 1981 - is currently undergoing significant reform. After decades without substantial updates, Parliament has now progressed major changes through the first reading of the Public Works Amendment Bill, which aims to modernise procedures, streamline land acquisition, and adjust compensation mechanisms. The reform is driven by a government focus on reducing delays in key infrastructure projects such as roads, schools, hospitals and utilities.
One of the most notable recent changes took effect mid-2025 with the Public Works (Critical Infrastructure) Amendment Act 2025, which is now law. This Act introduces a new accelerated land acquisition regime for qualifying critical infrastructure projects, including fast-track processes and incentive payments for landowners. Importantly, objections for these types of projects no longer go through the Environment Court, but instead are made directly to the relevant decision-maker - either the Minister for Land Information or the local authority.
While faster acquisition and incentive payments may sound beneficial, there are trade-offs that landowners must understand. Higher compensation does not always mean fairer compensation - and the loss of customary Environment Court rights can substantially limit the avenues for challenging a compulsory taking. These changes heighten the importance of expert legal guidance so landowners understand not just the headline figures, but also how valuations, negotiation strategy, and statutory rights interact.
Under the new regime, landowners who agree to sell before a notice of intention is issued can receive additional incentive payments - for example, an extra percentage of land value capped at set limits. There are also recognition payments for participating in the accelerated process and updated rules around compensation for principal residences and protected Māori land.
Why Good Legal Advice Matters
Given the shifting legislative landscape, professional legal advice can be crucial at every stage:
Understanding Your Rights Early
A specialist lawyer can explain how the current law applies to your property, including whether a project qualifies as critical infrastructure and how that affects your rights to notice, objection, and compensation.Preparing and Responding to Notices
The timing and content of negotiation, notice of intention, and objection submissions can affect both your legal options and the compensation payable.Valuation and Compensation Strategy
Expert legal advisers work with valuers to ensure all relevant factors - including additional payments for residences or voluntary sales - are maximised and fairly presented.Objections and Negotiation Pathways
With the removal of automatic Environment Court access in some cases, legal representation becomes even more important in front-line negotiations with Ministers and authorities.Preserving Future Options
Your rights under other legislation (such as the Resource Management Act or Te Ture Whenua Māori Act) may also intersect with public works decisions. A lawyer can help protect these rights and identify opportunities for appeal, mediation or settlement.
Steps for Landowners Facing Public Works
For landowners notified of a proposed public work affecting their property, consider these steps:
Act Promptly — Seek legal advice as soon as you receive any communication about acquisition or negotiation.
Understand the Project Classification — Determine whether the project is listed as critical infrastructure and how that impacts process and rights.
Get a Current Valuation — An independent valuation should inform your negotiation and compensation expectations.
Discuss Strategy with Your Lawyer — Decide whether early agreement, objection, or alternative dispute resolution is appropriate.
Preserve Records and Evidence — Document all interactions, valuations, and communications with the acquiring authority.
Our public works team, lead by Phil Shannon, have decades of experience in this particular area of the law and can safely navigate clients through the process.
Turner Hopkins In The Community
In the lead-up to Christmas, we chose to do something a little different. Instead of traditional gifts, we sent our clients a Christmas card letting them know that a $10 donation had been made to KidsCan on their behalf.
KidsCan does incredible work supporting children across New Zealand by providing essentials such as food, clothing and health products, helping ensure kids can thrive both at school and at home. It is a cause that aligns strongly with our values and our belief in giving back to the communities we are part of.
Next week, members of the Turner Hopkins team will be visiting KidsCan to formally hand over the donation and to meet the team behind the work. We are really looking forward to seeing first-hand the impact these contributions make, and we thank our clients for being part of something that helps support Kiwi kids who need it most.
Legal FAQ’s For The New Year
For many people, the early months of the year bring change, new plans and decisions that can have long-term legal implications, whether that is buying or selling property, reviewing a will, running a business, or planning a move.
To help you start the year on the front foot, we have pulled together a short list of common legal questions we are often asked at this time of year. The answers below are general in nature and we of course need to understand your specific situation to advise more thoroughly, but they highlight areas where a little early planning and advice can make a real difference over the months ahead.
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Yes, it is a good idea. Major life events such as marriage, separation, having children, buying or selling property, or changes to your financial position can all affect whether your will still does what you intend.
The start of the year is a natural time to check that your will, enduring powers of attorney, and estate planning still reflect your circumstances and wishes.
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Before entering into any property transaction, it is important to get legal advice early. This includes understanding the terms of the agreement for sale and purchase, checking title issues, considering KiwiSaver or lending conditions, and being aware of deadlines.
Early advice can help avoid costly mistakes and ensure there are no surprises once contracts are signed.
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Yes. A new year is a good time to review shareholder agreements, partnership arrangements, key contracts, and employment agreements. It is also worth checking that your business structure still suits your goals and that any compliance obligations are being met.
Small issues left unchecked can become bigger problems over time.
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Employers must ensure employment agreements are up to date and comply with current legal requirements, including minimum wage changes, leave entitlements, and health and safety obligations. Policies and procedures should also be reviewed regularly.
Taking time to get this right at the start of the year can reduce the risk of disputes later on.
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Immigration settings and visa conditions can change, so planning ahead is crucial. If you are on a temporary visa, it is important to understand expiry dates, work conditions, and future residence options well in advance.
Early advice can help avoid last-minute issues and ensure you have a clear pathway forward.
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If your property or business may be impacted by a public works designation or acquisition, early legal advice is essential. The Public Works Act provides rights to compensation, but the process can be complex.
Understanding your entitlements and negotiating properly can make a significant difference to the outcome.
To discuss your legal issues and questions, contact us on 09 486 2169, or email law@turnerhopkins.co.nz. Our team have the experience, skills and expertise to help you navigate the most complex of situations.
Meet The Team
Joy Yuan - Principal
Samuel Ames - Partner
Kate Chivers - Partner
Olga Pelevina - Solicitor
If you would like to meet other members of our team or find someone who can assist with your specific legal issue, then visit our People Page.
As we embark on the year ahead, it is an ideal time to pause, reflect, and make sure your legal affairs are in good shape. A new year often brings new plans, opportunities and milestones, and taking a proactive approach now can save stress, time and cost later on.
One of the most important steps many people can take is reviewing their will or putting one in place if they have not already done so. Life changes such as marriage, separation, the arrival of children, property purchases or changes in financial circumstances can all affect how your estate should be managed. A current and carefully drafted will ensures your wishes are clear and helps protect the people you care about most.
For those considering a property purchase this year, early legal advice can be invaluable. Whether you are buying your first home, upgrading, investing, or looking at commercial property, understanding your options and obligations before signing anything can help avoid costly surprises. From reviewing sale and purchase agreements to advising on ownership structures and due diligence, having the right support can make the process smoother and more secure.
The start of the year is also a common time for new business ventures or changes to existing ones. If you are launching a business, entering a partnership, or planning for growth, it is worth ensuring the legal foundations are sound. This might include choosing the right structure, preparing shareholder or partnership agreements, protecting intellectual property, or reviewing key contracts. Clear legal arrangements at the outset can help prevent disputes and support long term success.
Planning ahead does not need to be complicated, but it does require thoughtful consideration and the right advice. Taking the time now to review your legal position can provide clarity and confidence for the year ahead. Whatever your plans for the months to come, we are here to guide you and provide practical, tailored support every step of the way.
Until next month…
