August 2011

Joint ventures are widely used in New Zealand business.  The size of our country and constraints on access to capital mean that this type of collaboration is often essential for business expansion.  A joint venture arrangement will typically involve each joint venture partner bringing their respective expertise and resources together for a common business purpose, often exploited through a new company owned by the joint venture partners. A recent decision of the Court of Appeal has highlighted the dangers for joint venture partners in expanding a joint venture business without final documentation or a considered eye for the future.  The case...

Do family trusts still serve your best interests? The answer in most cases will continue to be a very definite "Yes".  Many of us continue to want the flexibility a fully discretionary family trust provides. Our wish may be to manage the transfer between generations of wealth within a family using an ownership vehicle (the trust) which sees family wealth passing to the next generation in a sheltered manner.  It may also be to quite lawfully shelter assets from the claims of future creditors, future relationship property claimants and other third parties. In years gone by income tax minimisation and death duty minimisation were major...