Newsletter - May 2025
As May ushers in the cooler months, it's a timely reminder that change is constant - whether in the seasons, business dealings, your personal life or the legal-landscape. As we approach the half-way point in 2025, businesses and individuals continue to grapple with that change, although we are slowly starting to see some increased optimism with interest rates being pushed lower. Economic challenges however are still present in many parts of the country.
At Turner Hopkins, we’re here to help you navigate all of these issues with confidence. In this month’s newsletter, we share some insights in terms of the upcoming changes to incorporated societies; we offer some practical advice through our legal FAQ section and some predictions as to what the future of our immigration system might hold. We also share our ongoing work in the community with our recent Pink Ribbon Breakfast event.
Our newsletters aim to keep you informed and prepared, whatever your legal needs may be.
Incorporated Society Changes
Changes Ahead
If you are an incorporated society you have until 5 April 2026 to re-register under the Incorporated Societies Act 2022 with a Constitution that must be compliant with this Act and associated regulations.
If you do not register by that date, you will automatically cease to be an incorporated society.
Our team can assist your society through the process and discuss with you:
Is the incorporated society structure still suitable for your organisation?
What are the key legal changes under the Act, including minimum number of members and Officers, Officers’ duties, financial reporting, conflict of interest disclosure obligations, mandatory disclosures at an AGM, dispute resolution, procedures consistent with natural justice, surplus assets to be distributed to non-for-profit entity(ies).
Officer consent and certificates.
What are the minimal mandatory legal requirements you must include in your Constitution?
Other updates and amendments to your Constitution that might be more suitable now and for the future.
Undertaking a review and update of associated policies, bylaws, regulations.
The consultation process with members.
Timeframe for consultation on proposed changes to the Constitution, and voting, to meet the 5 April 2026 deadline.
Turner Hopkins can offer a reduced rate for services to not-for-profit entities and the sport and recreation sectors.
This article is not to be taken as legal advice - if you have any queries about incorporated societies contact Catherine Pendleton:
Email: catherine.pendleton@turnerhopkins.co.nz
Call: +64 9 486 2169
Legal Questions?
We Have The Answers…
The law is confusing and that’s why we are here to help you navigate through it, with a team of experts on hand to listen to your legal needs and provide you with a custom solution. However sometimes, you just need to understand the basics, before you get started, and that is why we have collated some of our most popular FAQ’s below.
These details are all available on our website, and cover a range of common questions relating to property purchases, setting up a trust or establishing a will - right through to understanding some of the complexities of the visa system. If your question isn’t listed below, try out out the FAQ sections on our website or better yet, get in touch with us directly.
Property - FAQs
Contact Kate Chivers - Email: kate.chivers@turnerhopkins.co.nz
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There are a number of reasons why people get a valuation report but most of these relate to financing a property either obtaining a mortgage or refinancing. The other reasons are for buyers to work out how much they should pay for a house and sellers how much the house is worth.
A valuation generally involves a registered valuer visiting the property to assess the market worth of the house. They will conduct a full inspection of the property and also look at the property's title, council zoning maps and other comparable property sales.
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By obtaining a professional building and/or engineering report you will be alerted to any matters that may need attention. A building inspector will inspect areas of the house that are reasonably accessible. A normal inspection will cover:
Interior – services
Exterior – roof, roof space and sub floor
Site – potential for flooding, drainage, site conditions (retaining walls, etc.), run-off from adjacent ground
Other buildings on the title
For apartments, the inspector will generally only inspect the interior and balcony, if there is one.
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A LIM is a record of information on a property held by the local authority and includes rates details, any building consents granted, notices relating to the property or neighbouring ones, flood, erosion and contamination risks.
Many Sale and Purchase Agreements have a clause relating to a LIM so your lawyer can consider the LIM before the agreement goes unconditional.
Family Law - FAQs
Contact Jade Cookson - Email: jade.cookson@turnerhopkins.co.nz
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In New Zealand you must be separated from your spouse (or civil union partner) for a period of two years before you can apply to have your marriage (or civil union) dissolved. Once that time period has expired the parties are free to apply to the Family Court for an order dissolving their marriage.
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Although becoming less common, the receipt of spousal maintenance following separation remains an important resource for spouses and civil union partners who are unable to meet their own reasonable needs. A spouse or civil union partner does not, however, automatically qualify for maintenance upon separation; they must fall within certain qualifying circumstances. Where the circumstances do exist the length of time payments are made is determined on a case-by-case basis.
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An application to adopt a child, whether the child was born in New Zealand or overseas, is made under the Adoption Act. Different processes are followed according to where the child was born. In New Zealand adoptions are overseen by Child Youth and Family who must approve the adoption and who match parents who wish to adopt with an available child. They should be your first point of reference. Adopting a child from overseas can be an extremely complex process. We recommend that you contact ICANZ which is a non-profit organisation providing support to New Zealand families and children from overseas orphanages.
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"Pre-nuptial" or contracting out agreements have become more popular since changes to the Property (Relationships) Act were made. Under this Act there is a general presumption there will be equal sharing of relationship property once the relationship has been in existence for three years or more as at separation. Under the Property (Relationships) Act the family home, furniture and chattels are relationship property regardless of when they were purchased and by whom. This can have serious financial implications where one party owns the family home prior to the relationship. Many people believe that if they transfer the family home into a Trust during a relationship then this will not be included in the relationship property pool. This is not correct. For a modest cost a contracting out agreement can prevent you from losing many thousands of dollars on separation.
Immigration - FAQs
Contact Paul Janssen - Email: paul.janssen@turnerhopkins.co.nz
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Some of the reasons immigration applications have problems include medical conditions, criminal convictions or visa officers misapplying the instructions. If these are handled quickly, it can often save an application from being declined.
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Work visas
These are available in order to facilitate the access of NZ employers and New Zealand industry to global skills and knowledge.
There are also policies relating to partners of New Zealanders and partners of work visa holders.
Student visas
These are available to those (school age and older) wanting to study in New Zealand. Guardians accompanying school age children are also eligible for a temporary visa.
Visitor visas / Limited purpose visas
These are available to those coming to New Zealand for holidays, family or special events. Visitor visa applicants must prove they are only here for a short time and have funds to cover their stay (a monetary bond may be required).
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The criteria are set by the New Zealand Government. The Immigration Policy (known as "instructions") is laid out in a very comprehensive Operational Manual.
Estate Planning - FAQs
Contact Samuel Ames - Email: samuel.ames@turnerhopkins.co.nz
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Family trusts have been around since Roman times. While there are endless reasons why people need to have a Trust, here are a few reasons that provide some benefits:
Taxation
Income tax
Use of another entity
Asset Protection
Bargaining with Creditors
Protection for Professional People
Relationship Property Protection
Confidentiality
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A Will that has been carefully thought out may prevent potential family disagreements and reduce the risk of claims being made against your estate and ultimately your wishes.
A well drafted Will provides for:
The Distribution of your Assets – including real property (i.e. land), personal chattels (e.g. jewelry, heirlooms etc.) and other assets (e.g. superannuation funds, shares etc.).
Guardians – appointment of guardians for children under 18 years old.
Special Gifts or Legacies – you wish to go to other beneficiaries e.g. a favourite charity.
Funeral Requirements – clear instructions about your wishes for 'Do not resuscitate' and in what circumstances, your funeral instructions and any organ donation.
Liabilities – such as mortgages and debts owing to family and friends.
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You should review your Will every five years or in the event of a major change in your personal and family circumstances.
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An Enduring Power of Attorney ('EPA') is a legal arrangement where one person ('the donor') authorises another person ('the attorney') to act on their behalf. An EPA can, depending on the donor's wishes, either grant the attorney wide general rights or rights limited by conditions and restrictions imposed by the donor.
Stay tuned for more FAQs coming in each monthly newsletter. If you have a legal question that you need answered, email our team: law@turnerhopkins.co.nz or call us on +64 9 486 2169
Immigration Updates
What Lies Ahead
The New Zealand immigration landscape has had its fair share of changes over the last few years, driven largely by our exit from the pandemic and a sugar-rush of imported skills in late 2022, tighter economic conditions, which have lead to a reduction in the need for lower to medium level skills and more recently the increasing numbers of New Zealanders leaving to travel and live offshore. Given these changing conditions, more changes are due to be rolled out over the next 12 months, with a focus on the Skilled Migrant Category, the introduction of a new Parent Boost Visa, and a review of some of our business visas settings.
The National and Act parties both campaigned heavily in 2023 on the back of a Parent Boost Visa, which would allow parents to travel here to spend up to five years with their NZ based children. The proposal was that parents could secure two of these five year visas, making for a decade of time they could spend here. The design of that policy is well underway and is certainly not an easy thing to create. Whilst it will give parents a significant amount of time here and be welcomed by many migrant communities, it comes with some hooks as well. Healthcare concerns, are among the key issues that INZ are having to deal with. We expect this policy to hit the shelves in the second half of 2025.
The Skilled Migrant Category review is also in progress, with a view to open the door for more trades skills, many of whom currently don’t have a viable or realistic pathway to Residence. The Government has already signaled that these changes are coming, however what they look like in the final version, will be based on the competing priorities of numbers, against political will, and INZ’s own operational constraints.
In the current economic climate, many New Zealand employers are scaling back recruitment and putting hiring plans on hold. It’s understandable - with uncertainty around business growth and workforce needs, immigration processes may not feel like a priority. However, for businesses that are accredited under the Accredited Employer Work Visa (AEWV) system, maintaining your accreditation is more important than ever. Even if you're not actively hiring migrant workers right now, staying accredited ensures you’re prepared when the market shifts — and it will.
Reapplying for accreditation after a lapse can be time-consuming and may create avoidable delays when you need staff urgently. So staying on top of your accreditation obligations signals to Immigration New Zealand - and prospective employees - that your business is reliable, compliant, and future-focused. Skilled migrant workers will remain a vital part of New Zealand’s workforce. When demand returns, accredited employers will be best positioned to move quickly and competitively.
At Turner Hopkins Immigration Specialists, we work with employers across a wide range of industries to support their immigration needs - including maintaining or renewing accreditation. If you're unsure about your current status or need help preparing for future recruitment, our team is here to help.
For assistance with your immigration issues, contact the team at Turner Hopkins Immigration Specialists or email them: immigration@turnerhopkins.co.nz
Turner Hopkins In The Community
On 21 May, the Turner Hopkins team came together to host a Pink Ribbon Breakfast in support of Breast Cancer Foundation NZ. It was a meaningful opportunity for us to connect as a firm, raise awareness, and give back to a cause that touches so many lives. The event was held at our offices in Takapuna, providing a great opportunity for supporters and guests to network and also donate to this very worthwhile cause.
Giving back to our community is a core value at Turner Hopkins, and this event was a special reminder of the impact we can have when we come together with purpose.
From the pink-themed treats, many of which were provided by our local supporters, to the heartfelt conversations, the morning was full of generosity and hope. A very special thank you to our Office Manager, Sue Williams-Warren for organising the event and to Kate Chivers (Partner) for her work behind the scenes to coordinate the supporters, guests and marketing.
We've put together a short highlight video to capture some of the moments from the day and to showcase that the team were able to raise a very impressive $3,000.00 which will go back to the Breast Cancer Foundation to support the amazing work they do.
Need Help - Get In Touch
As we head towards the half-way line for 2025, and as the temperature gauge falls, remember that if you are in need of any legal advice we are just a phone call or email away.
You can visit the various pages on our website to find out more about the services we offer, use our team page to get in touch with our staff directly or call us on +64 9 486 2169 to speak to one of our friendly team.
If you need to explain your situation in more detail, send us an online contact request form (where you can chose the specific legal assistance you need).
Until next month - stay warm!
Turner Hopkins Law
