Tēnā koe 

Bulletin briefly:

• 1. Covid Immediate Modification Orders – Wills and EPAs
• 2. Landonline not available on Saturday 11 June 2022
• 3. Bright-line rule – a message from Inland Revenue
• 4. Changes to the healthy homes standards
• 5. NZLS member services survey - reminder
• 6. PLS membership renewals

1. Covid Immediate Modification Orders – Wills and EPAs

The Ministry of Justice is currently reviewing the continued usefulness of the immediate modification orders (IMOs) made under the Epidemic Preparedness Act in response to COVID-19.

In particular, the Ministry is considering two IMOs: 

• Epidemic Preparedness (Wills Act 2007—Signing and Witnessing of Wills) Immediate Modification Order 2020: This IMO modifies requirements for signing and witnessing of wills under s 11 of the Wills Act 2007 so that audio-visual links can be used.
• Epidemic Preparedness (Protection of Personal and Property Rights Act 1988—Enduring Powers of Attorney) Immediate Modification Order 2020: This IMO modifies witnessing requirements for signing enduring powers of attorney (EPAs) under section 94A of the Protection of Personal and Property Rights Act 1988 (PPPR Act), so that EPAs may be witnessed remotely via audio-visual link.

These orders were made during quite a different phase of the pandemic, so the Ministry is interested in understanding whether and how they are being utilised on the ground now. They are linked to the Epidemic Preparedness (Covid-19) Notice 2020, which is due to expire on 17 June (unless it is renewed – it must be renewed every 3 months to stop it from expiring).

If you practise in this area, please take 2 minutes to share your thoughts about the continued need for these orders and the changes they make, both right now and in the future when the Epidemic Notice expires – either here or email us.

2. Landonline not available on Saturday 11 June 2022

Landonline Workspace, Landonline Web Search, and Land Record Search will not be available on Saturday 11 June 2022 to allow time for Landonline maintenance release 3.26 to be deployed. Toitū Te Whenua LINZ will provide more information about the release content on its Landonline Release and System updates page from late on 10 June.

3. Bright-line rule – a message from Inland Revenue

Inland Revenue appreciates the ongoing support of conveyancers to improve tax compliance for property sales meeting the Bright-line rule. If your client has either sold a property that meets the 5 year Bright-line rule; or has purchased another property since March 2021 that they may sell in the next 10 years which may also meet the Bright-line rules they may have income tax to pay. A recent change now sees the shorter period of time (5 years) apply to new builds. In these situations, your clients may have income tax implications on the profits of those sales that Inland Revenue would like them to be aware of.

Inland Revenue particularly encourages conveyancers to ensure their clients have carefully considered the full legal definitions before invoking the exclusions to the Bright-line rule.

Inland Revenue has provided a flyer that you may either print out or email to your clients where appropriate.

4. Changes to the healthy homes standards

The Residential Tenancies (Healthy Homes Standards) Amendment Regulations 2022 came into force on 12 May 2022. Amendments include changes to the heating requirements, to reflect the higher thermal performance of new homes built to the 2008 building code requirements for insulation and glazing and certain apartments, as well as other minor changes to the ventilation and moisture ingress and drainage standards. Read more.

5. NZLS member services survey - reminder

We’re working to modernise the New Zealand Law Society | Te Kāhui Ture o Aotearoa to not only make us fit-for-now but fit-for-the-future. That means seeking feedback and listening to lawyers. Please complete our survey today so you can tell us what you think, including how we can best deliver services to the profession. The survey includes questions aimed at the Law Society’s sections’ services.

Have your say and be in to win an Apple iPhone 13 or Samsung Galaxy S22 phone. All responses received by 5pm on Wednesday 8 June will be entered in the draw. This prize draw is only available to New Zealand lawyers holding a current practising certificate who complete this survey.

6. PLS membership renewals

Membership renewals are now underway. We are pleased to have held fees at their current levels, and thank you for your continued support of the PLS and its work. If someone in your firm wants to join as a new full or associate member, please email 
property@lawsociety.org.nz.

Mark Sherry
Property Law Section Chair