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Residential Care Subsidy - A Trust May Affect Eligibility

Created: Tuesday, 08 September 2020 15:50

If you need long term care in a rest home or hospital, you may be eligible to apply for a residential care subsidy.

Eligibility for a residential care subsidy is assessed by the Ministry of Social Development (“MSD”). About 15 years ago MSD changed the asset levels for eligibility for the residential care subsidy. These changes markedly increased the value of assets that an applicant could retain and still be eligible for the subsidy. However, MSD then became more vigilant to ensure that when an applicant had resources available to them, those resources are used before seeking financial support from the state.

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Relationships, New Relationships, and Children – Making the right Will for your circumstances

Created: Friday, 04 September 2020 09:14

Spouses or partners often make wills together, with similar or mirror terms.  They often assume that such wills cannot be changed and will be binding on the other spouse or partner, even if there is a change in future circumstances. This is not always the case. The general rule is that wills can be updated or changed at any time, even if they are signed together and mirror the terms of the will of their spouse or partner.

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Promotions of Senior Staff at Brookfields Lawyers

Created: Monday, 31 August 2020 15:25

Brookfields Lawyers has announced internal promotions in its Resource Management/Local Government and Litigation teams.

 Deb Rowan Glyn

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Extending Lapse Period of a Resource Consent

Created: Friday, 14 August 2020 14:56

Sidwell v Thames-Coromandel District Council [2020] NZEnvC 124

The Environment Court has recently considered an application for a declaration seeking confirmation that a Council may use its power under section 37 of the RMA to waive and extend the time limits expressed under section 125 of the RMA for the lapse date of resource consents. 

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High Court decision on temporary effects in undertaking notification assessment

Created: Thursday, 13 August 2020 14:13

Trilane Industries Ltd v Queenstown Lakes District Council [2020] NZHC 1647

The High Court has recently confirmed that a consent authority cannot ignore temporary effects in undertaking its notification assessment on the grounds those effects will be ameliorated in a relatively short timeframe having regard to the life span of the proposed activity.  This is in circumstances where the Council essentially bundled its assessment of temporary adverse effects with eventual mitigation of those effects, to reach the view that effects on landscape and amenity were minor.  In taking this approach, the Court held that the Council erred in law.

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Making a will – Estate considerations when you’ve already helped your children financially

Created: Friday, 07 August 2020 12:19

That parents provide for their children is inherent in the parent-child relationship, and sometimes continues even as children reach adulthood. Parents with more than one adult child must often assess the merits of helping children at different times and in different ways, with outcomes that cannot be readily equalised or compared. These considerations may be at the forefront of your mind when making a will. In the High Court case of Ware v Reid & Ors [2019] NZHC 506 Dunningham J addressed this issue where the four adult children of a farming couple had each been helped into farm ownership during their parents’ lifetimes. The parents then sought to equalise this financial assistance as between their children in their respective wills.

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