Protect your future

Retirement villages in New Zealand have become a popular option for senior living

however, there are important legal considerations that potential residents and their families need to understand before deciding to move into a retirement village.

HOW WE CAN HELP YOU

Aged care and retirement living transitions

We provide legal advice to help you make an informed choice and ensure that your transition is smooth.

Retirement village Occupation Right Agreements.

Retirement village contracts can be complex. We review and explain

the terms of your Occupation Right Agreement, ensuring you fully understand your rights and obligations before you commit.

Estate planning and wills

Make sure your assets are distributed according to your wishes.

Enduring powers of attorney:

Retirement villages require Enduring Powers of Attorney to be in place before moving into the village.

WHY CHOOSE US?

Specialised expertise. Our team of lawyers has deep experience in elder law and the legal intricacies of retirement village living.

Client-focused approach. We understand that each client has unique needs and circumstances. Our advice is always personalised and focused on your best interests.

Clear communication. We believe in making the legal process simple. We explain complex legal jargon in a way that's easy to understand.

5 Reasons you need a Will

Thousands of New Zealanders die each year without leaving a will, causing stress and uncertainty for family left behind. Here are five reasons you need a will

It can be expensive if you don’t have one

If you die and have assets over $40,000, your family will need to apply to the court to be able to sort out your estate and obtain probate if you have a will.

You have a KiwiSaver account

The average KiwiSaver account is worth $37,000.

You own property

Property owners need a will to ensure their families don’t need to apply for Letters of Administration and the property goes to the people they want it to.

You have kids

You can appoint a guardian who will have a say about major decisions about your child’s life if you are not around and make them.

You are in a relationship

If you’re in a second relationship or have children from different relationships, then you definitely need a will to ensure you partner and children are looked after in a way that you would like

Buying a property off the plans

Buying a property ‘off the plans’ before completion is a popular investment option for both investors and homebuyers but there are additional risks involved. Here are five things to consider before buying ‘off the plans’

Established Developer

Ensure you purchase with a reputable, established developer with a proven track record of successful developments.  To check track records, you can look up the firm involved in the project on the Companies Office website to see who the directors and shareholders are and whether firms they have been involved with in the past have gone into liquidation  or receivership.

Sunset Clause

A sunset clause can sometimes allow for both parties to get out of an agreement if the build is not completed by a certain date. However, as a purchaser, you want to ensure only you have the right to cancel, instead of both parties. They’re intended to protect the buyer, but there have been cases where the developer has used them to get finance from presales, then terminated the contracts and resold the property  at a higher price.3.

Bank Approval

When obtaining bank finance, keep in mind that a bank’s offer of finance is usually only for about three months.  If your circumstances or interest rates change significantly at the time of settlement it could impact your ability to borrow funds.4.

Body Corporate Rules/Fees

When buying off the plans, it’s important to thoroughly read the body corporate rules and budget set for the development. The rules include responsibilities around your obligations in respect to common property, vehicle parking, use of balconies (like no clotheslines or heatpumps), and there’s often a ‘no pets’ rule.

What the Building Act Covers

The Building Act 2004 provides implied warranties – the warranties apply for up to 10 years regardless of whether you have a written contract or not.  As well as the implied warranties, there’s a 12-month defect repair period.  If any defects in the building work emerge within 12 months of the completed build date, your builder has an obligation to fix them.Some banks are now requesting the extra protection of a 10year building guarantee when you apply for lending to finance  a new build. If you’re looking to buy a property off the plans, please get in touch with our team of experts at Dawsons Lawyers prior to signing a contract.

Planning for Love, Not Separation

Talking about relationship property isn’t romantic. It can feel uncomfortable, awkward, or even unnecessary, especially when a relationship is new or going well.

Yet, for many couples, particularly those entering second relationships, or bringing assets into a partnership, having a contracting out agreement is one of the most practical and caring steps you can take.

A contracting out agreement isn’t about preparing for failure. It’s about fairness, clarity, and protecting the lives you’ve built, both together and apart.

What is a contracting out agreement?

A contracting out agreement, (sometimes referred to as a “prenup”) allow couples to agree in advance how their property will be divided if the relationship ends through separation or death. Under the Property (Relationships) Act, most relationship property is divided equally once a relationship reaches certain thresholds. A contracting out agreement enables couples to opt out of those default rules and record their own intentions instead.

Why modern relationships need modern planning

Relationships today look very different to those of previous generations. Many couples enter relationships later in life, once careers are established, properties are purchased, or families already exist. Second marriages, blended families, unequal financial contributions and business ownership are now common. Without a contracting out agreement, New Zealand’s property laws can apply in ways that surprise many couples.

Protecting assets without undermining trust

One of the most common misconceptions is that contracting out agreements signal a lack of trust. In reality, they often strengthen relationships by encouraging open conversations about finances and expectations. A well-drafted contracting out agreement can protect prerelationship assets such as business and investments, while also reducing the likelihood of conflict if circumstances change. When both partners understand where they stand, uncertainty and stress are minimised, particularly during times that are already emotionally challenging.

Working alongside your wider estate plan

A contracting out agreement works best as part of a broader estate pan. It should align with your will, any trust structures, Memoranda of Wishes, and Enduring Powers of Attorney. When these documents work together, they provide consistency and clarity, both during your lifetime and after your death. If you are entering a new relationship, moving in together, purchasing property, or reviewing an existing agreement, now is the right time to seek advice. Addressing these matters early is far simpler and far less costly than resolving disputes later.