Your Trusted Tauranga Law Firm

Buying or Selling Property

We can help whether you are purchasing a first home, buying or selling residential property, in the business of buying and selling investment/commercial properties, and everything in between. Our services include, but are not limited to:

• Preparation of sale and purchase agreements;

• Review of legal title, easements & covenants;

• Advice on cross leases & defective titles;

• Unit title & body corporate;

• Review of LIM reports;

• Assistance with the conveyancing process;

• Withdrawal of KiwiSaver funds;

• Assistance with due diligence;

• Advice on ownership structure;

• House & land packages;

• Review of build contracts.

Refinancing

If you are looking to refinance/change banks, or repay and discharge your mortgage, we can assist with the refinancing process.  This process may include:

• Obtaining a discharge of the mortgage you have with your current bank;

• Discharging other securities - both registered and non-registered;

• Registering a new mortgage in favour of your new bank;

• Complying with lending conditions.

At Toner Law we aim to guide you through the legal complexities and make the refinance process stress-free.

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Wills
A well-structured Will not only specifies how your assets will be distributed but also appoints guardians for your young children and outlines your funeral wishes.  Having a Will empowers you to decide how you want your estate to be distributed upon your death. A Will does not need to be complicated, yet it is something many people put off completing. If you pass away without a Will, it can be stressful for the loved ones you leave behind. We can help you with:

• Will preparation

• Memorandum of Wishes (a way to provide guidance to your chosen trustees/executors)
  

Estates
When someone close to you passes away, it can often be overwhelming. We can guide you through the process to help alleviate the burden. This could include:

• Obtaining the deceased’s Will & advising on the process of administering the estate

• Obtaining Probate (or Letters of Administration if there is no valid Will)

• Estate administration – closing bank accounts, sale of shares and other administrative matters

• Transmission of legal title

• Distribution of the estate to the beneficiaries

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A power of attorney enables you to appoint a person or persons to act on your behalf in relation to your property and/or care and welfare matters in the event you are unable to make those decisions yourself. Powers of Attorney are a pre-requisite for entry to a retirement home or care facility, but invaluable at any stage of life. Our services include:

• Enduring Powers of Attorney for Property and Care and Welfare

• General Powers of Attorney. A general power of attorney allows you to delegate your power to someone else for a specific purpose &/or period of time. For example, if you are travelling overseas or are temporarily incapacitated.

• Revocation of a Power of Attorney

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Navigating family law and relationship property can be overwhelming, especially during emotional times. Our legal team is here to steer you through every step of the process. We recognise that every family and relationship is unique, and we work closely with you to ensure that your legal needs are met with sensitivity and efficiency.

• Contracting Out Agreements - often referred to as pre-nuptial agreements;

• Separation & Relationship Property Agreements;

• Court application for the formal dissolution of marriage/divorce;

• Withdrawal of KiwiSaver funds to assist with settlement of relationship property matters.

We aim to create tailored solutions that align with your goals and protect the interests of yourself and your family.

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Times are continually changing and many first home buyers are exploring co-ownership arrangements with family members and friends to help secure a property. Co-ownership can help buyers pool resources together to overcome the hurdles of meeting equity margins to obtain bank lending for a purchase, and then to service the debt once lending is obtained.

The decision highlights the need to have these matters agreed before a property is purchased, to avoid costly litigation in resolving disputes that can arise. Having the following points agreed before proceeding will be a good starting point to a Co-ownership Agreement:

• Contributions to the purchase price & acquisition costs;

• Property outgoings – rates, mortgage repayments, maintenance, repairs & the like;

• Ownership structure (there are different forms of legal ownership which can be utilised to your advantage);

• How the property & finances will be dealt with in the event one or more party(s) wish to exit the
  co-ownership arrangement;

• Matters related to the sale of the property or any buy-out proposals.

Another important consideration is when funds are being gifted or loaned by family members or friends. It is important any gift or loan is properly documented in way that protects the gift or loan from future relationship property claims or other future complications. Setting up these arrangements correctly, and in a clear and transparent manner at the outset can save you from issues later down the line.

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A Family Trust is a legal entity that can hold property independently of you. It can be of benefit in certain circumstances. For example, it can offer protection of your property from potential creditors or future relationship property claims. We can help you decide whether a Family Trust is appropriate for your situation, and if so, how it might be structured. We can assist with:

• Preparing the Deed of Trust & associated documentation

• Transfer of property to the Trust

• Providing guidance to trustees

• Distributing trust assets

• Terminating/winding up a Trust

At Toner Law, we believe in the value of transparent communication and building lasting relationships with our clients. Whether you are considering setting up a family trust for the first time or looking to modify an existing one, we are here to offer expert advice and support throughout the process. Our approach is tailored to each client, taking into account your unique family dynamics and financial situation.

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As we age, we are faced with new decisions, many or which can feel daunting. Planning for your retirement and your future is important, and we can help guide you through these big decisions. For many people, this may involve moving into a retirement village or aged care facility which will typically involve ownership in the form of an Occupation Right Agreement or similar.

Navigate the complexities of Occupational Right Agreements, Licence to Occupy, with our experienced legal team. We provide drafting, negotiating, and interpretation on these agreements, ensuring you understand your rights and obligations.

Our services include:

• Review and execution of an Occupation Right Agreement, Lifetime Site Agreement or Licence to Occupy;

• Discussing the risks and benefits with you;

• Purchase of the licence/occupation right;

• Getting your affairs in order (Wills and Enduring Powers of Attorney will be required).

At Toner Law, our approach is founded on clarity, compassion, and a genuine commitment to our clients' success. We take the time to understand your needs and ensure total understanding of this new stage of life. Contact us today and let our experienced team help you with the complexities of senior law. We are dedicated to providing legal support and empowering you to make informed decisions that protect your rights and interests.

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We have been assisting clients navigate certain Māori land related matters for many years. We can help with:

• Kāinga Whenua Loans. This is a scheme delivered by Kiwibank & Kainga Ora designed to support Māori to build, purchase or relocate a house on Māori land

• Kiwisaver withdrawals for the purposes of building on Māori land

• Licence to Occupy

• Maori Freehold Land - Refinancing

Associated matters may include structuring trusts, creating Wills, and matters of succession, which can significantly impact the distribution of your estate. We strive to create tailored solutions that align with your goals and protect your whānau's future.

At Toner Law, we pride ourselves on our transparent and compassionate approach to Māori land law. We are committed to building strong, long-lasting relationships with clients, ensuring that our clients feel support needed throughout the entire process.

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Commercial and franchise law can be a complex challenge, especially in today's rapidly changing business landscape. Our expert legal team in Tauranga can guide you through the intricacies of small company and commercial law, from reviewing contracts and franchise agreements, to facilitating the sale or purchase process and drafting shareholders or partnership agreements.  We understand the unique challenges faced by businesses in the local sector and work closely with you to achieve your commercial objectives.

We can offer guidance in small to medium business/commercial transactions. By way of example, we can assist with:

• Preparation of Business Sale & Purchase agreements

• Lease Arrangements (including preparation of Deeds & Assignments of Lease)

• Advice on Franchise Agreements

• Assisting with the due diligence process

• Preparation of Shareholders Agreements

• Partnership Agreements

• Business lending & finance arrangements

At Toner Law, our approach is founded on clarity, compassion, and a genuine commitment to our clients' success. We take the time to understand your business goals and provide tailored legal solutions that align with your strategic vision. Contact us today and let our experienced team help you unlock the potential of commercial and franchise law. We are dedicated to providing exceptional legal support and empowering you to make informed decisions that drive your business forward.

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