Newsletter - September 2025
Three months until Christmas…even though it comes around every year, its always a little surprising when we get to this time of the year and realise how quickly the months have flown by, and how little time is left.
For many people, as we head in to the spring season, the final months of the year are all about winding down in some respects, but also thinking about preparations for the year to come and its usually a good opportunity to take stock and tidy up those items that you haven’t managed to get around to in the first nine months of the year.
With September being Wills month in New Zealand, it is also a timely reminder to review your Will, to ensure it is up to date, or if you dont have one, to perhaps consider getting that task out of the way. We have added some information on Wills in this month’s newsletter, as well as discussing recent immigration updates, and some news from the team. We are also very pleased to be able to announce our engagement with JustFund, Australasia’s leading litigation finance provider.
As start to enjoy the warmer weather and eventually the extra daylight hours, don’t forget that time is ticking away to wrap up all of your 2025 plans. If there are any legal matters you want to sort out before Christmas is suddenly upon us or if you need advice tailored to your specific circumstances, our team is only a phone call or email away.
Litigation Funding
Turner Hopkins is proud to be one of the few New Zealand law firms accredited by JustFund, Australasia’s leading family law litigation finance provider.
For many people facing a separation, the cost of legal proceedings can feel overwhelming and may even prevent them from pursuing a fair settlement. JustFund’s litigation funding removes this barrier by providing loans tailored specifically for family law disputes. This means clients can secure quality legal representation without any upfront costs, with repayment made only once the relationship property matter has been resolved.
The benefits for clients are significant. Instead of worrying about mounting legal bills, they can focus on navigating the separation process, protecting their children, and planning for the future. Funding is not limited to legal fees – it can also cover expert reports, living expenses, school fees and other essential costs during what is often a very stressful time.
Applications are simple, assessed quickly, and eligibility depends on the circumstances of the case rather than a client’s income or employment situation. With interest rates currently between 9.9% and 12.9%, fees are only payable once settlement is achieved.
By partnering with JustFund, Turner Hopkins can now offer clients greater access to justice and peace of mind, ensuring that financial pressures do not stand in the way of achieving a fair and balanced outcome.
Through JustFund, clients can access loans designed to cover legal fees and related expenses during relationship property disputes - without the burden of upfront costs. This funding option helps remove financial barriers, allowing clients to focus on achieving fair outcomes and moving forward with their lives.
Turner Hopkins’ partnership with JustFund means clients facing separation or family law disputes can now secure quality legal representation with confidence.
Buying or Selling a Business
Buying or selling a business is often one of the biggest financial and personal decisions an individual or company can make. While it can be an exciting opportunity, the process is rarely straightforward. In the current New Zealand economic climate - where interest rates remain elevated, financing can be harder to secure, and businesses are under pressure from rising costs - both buyers and sellers need to proceed with extra care.
Complexities in Today’s Market
The current environment means due diligence is more important than ever. Buyers need to fully understand what they are purchasing, including the financial health of the business, existing liabilities, employee arrangements, lease obligations, and compliance with regulatory requirements. Sellers, on the other hand, must be prepared to provide transparent and accurate information, and to ensure contracts protect their interests after the sale.
Issues such as the treatment of existing debt, the handling of intellectual property, warranties around financial performance, and transfer of leases or licences can all create significant legal risk if overlooked. A well-drafted sale and purchase agreement will clearly set out rights and obligations, reducing the chance of future disputes.
Why Legal Advice is Essential
Engaging experienced legal advisers early in the process helps ensure both sides are protected. At Turner Hopkins, we regularly assist clients with structuring transactions, negotiating terms, and identifying potential pitfalls before they become costly problems. We also work closely with accountants and other advisers to ensure the deal makes commercial sense as well as legal sense.
Whether you are buying or selling, the cost of quality legal advice is minor compared with the potential risks of getting it wrong. In today’s uncertain economic climate, that advice can make all the difference between a smooth transaction and an expensive dispute.
How We Can Help
Our Commercial and Property team has extensive experience in business sales and purchases across a wide range of industries. If you are considering buying or selling a business, talk to us early - we can guide you through the process, safeguard your interests, and give you the confidence to move forward.
Legal Questions - Wills
Each year, September is recognised as Wills Month in New Zealand – a nationwide initiative that highlights the importance of making and maintaining an up-to-date will. At Turner Hopkins, we see Wills Month as a timely reminder for everyone to pause and consider whether their estate planning documents are still current and truly reflect their wishes.
We encourage our clients to undertake a regular review of the wills we hold on their behalf, and now is as good a time as any. A will is not a “set and forget” document. Life changes quickly – marriage, separation, the arrival of children or grandchildren, buying or selling property, or even a shift in financial circumstances. Each of these events may affect how you would like your estate distributed. For that reason, we recommend reviewing your will every two to five years, or sooner if your circumstances change.
In recent years, there has been a noticeable rise in estate-related claims and disputes. This underscores the importance of ensuring your estate planning is clear, comprehensive, and legally sound. An out-of-date or poorly drafted will can create unnecessary stress, costs, and conflict for your loved ones – outcomes that a well-prepared will is designed to avoid.
If you already have a will with us, and it has been some time since you last reviewed it, now is the ideal time to do so. Please contact our team, if you feel like its time to arrange a review. If you don’t yet have a will, Wills Month is the perfect occasion to get started. We can provide you with a simple checklist which sets out the information we need to prepare a draft will for your review and approval.
A will is one of the most important legal documents you will ever put in place. It gives you peace of mind knowing your affairs are in order, and it gives your family clarity and certainty during what can otherwise be a very difficult time.
This September, take advantage of Wills Month and ensure your estate planning is fit for purpose. We are here to help guide you through the process and ensure your wishes are protected.
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A Will ensures your assets are distributed according to your wishes, rather than the default rules under New Zealand law. It can also appoint guardians for children and make provision for dependents.
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If you pass away without a valid Will, you are considered intestate. Your estate is then divided according to the Administration Act 1969, which may not reflect your intentions and can cause stress or disputes among family members.
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Key life events are a good time to create or review your Will, such as:
Buying property
Marriage, separation, or divorce
Having children
Starting or selling a business
Significant changes in your financial situation
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While DIY Will kits exist, they can easily be invalid or create unintended consequences. Having a lawyer prepare your Will helps ensure it is legally sound, covers all scenarios, and avoids costly disputes.
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Your executor is responsible for administering your estate. This should be someone you trust, who is organised and capable, or you may appoint a professional such as a trustee company or law firm.
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Costs vary depending on the complexity of your estate, but for most people, creating a straightforward Will is affordable — especially compared to the legal costs that arise from dying without one.
For advice on preparing a new Will or reviewing an existing one, help is just a button click away. You can complete our quick online contact form (using the button below) or call us on +64 9 486 2169, Monday to Friday, 8.00am to 5.30pm.
Immigration Updates
The changes announced very early on Tuesday morning have been many months in the making, and almost two years in the discussion process. Unfortunately the wheels on these changes often turn slowly because the current Minister is also having to fix various issues within our temporary work visa system, accreditation, and various other components of the relatively complex rules we have.
Among the various changes announced the stars of the show were two new pathways under the current SMC points based system, broadly defined as follows:
Skilled Work Experience pathway
For migrants in skilled roles (ANZSCO 1 to 3) who have at least five years of directly relevant work experience, including at least two years of experience in New Zealand where they’ve been paid at least 1.1 times the median wage. This effectively creates a new work to residence offering for those that don’t have a degree, work in a registered occupation or earn a very high salary (the three base criteria we currently apply).
Trades and Technician pathway
For migrants in specified skilled roles (trade and technical roles) who hold a relevant qualification at Level 4 or above, and have at least four years of relevant post-qualification skilled work experience, including at least 18 months in New Zealand where they’ve been paid at or above the median wage. Again, this is another work to residence program for those in the trades who were also missing a viable option under existing settings.
What these two pathways create is the potential for almost anyone in a skilled role, with a moderate level of work experience, the ability to secure work in NZ and then work their way towards a residence outcome. Good, sensible and logical policy making to sort a problem.
If you would like to discuss how the Skilled Migrant Category changes might apply to you, then get in touch with our immigration team today (immigration@turnerhopkins.co.nz)
As we head into the final (and hopefully warmer and drier) months of the year, it’s a good time to pause and reflect - both personally and professionally. Whether it’s reviewing your will during Wills Month, navigating immigration changes, considering a business sale or purchase, or simply planning for the festive season, forward thinking is key.
At Turner Hopkins, we’re here to help you prepare with confidence. By seeking sound advice now, you can avoid unnecessary stress later and ensure your affairs - whether personal, family, or business - are well in hand before the holiday season is suddenly upon us.
If you’d like to discuss any of the topics covered in this newsletter, or if you have other legal matters on your mind, please don’t hesitate to get in touch with the team.
Until next month…
