New Zealand has long been a destination for investors seeking to contribute to its vibrant economy. Recently, the performance of the Active Investor Plus (AIP) Visa has come under scrutiny, prompting discussions about its effectiveness and potential alternatives. This blog delves into the key statistics, critical analysis, and future prospects of the AIP Visa, while also exploring the Entrepreneur Visa as a viable alternative.
Migrant workers in New Zealand have usually been able to support their partners for a work visa. This lets them come into New Zealand and earn additional money for the family, and it is usually followed by a student visa for their children to reunite the family here.
Cross-lease properties are a form of land ownership unique to New Zealand where multiple individuals jointly own a section of land. Each owner holds a separate lease for their individual house or flat, but the land itself is co-owned. This arrangement comes with its own set of benefits and challenges, which are important to understand if you are considering purchasing or living in a cross-lease property.
SumUp, a global fintech company based in London, has recently released the results of a report ranking the best cities globally for entrepreneurs. This ranking is based on a wide range of factors, from taxation to how easy it is to migrate there to even quality of life and internet speeds. The goal of this ranking is to establish the best cities for entrepreneurs to live, not just for business but also for the lifestyle.
Subdivision is the process of dividing a larger piece of land into smaller lots, and it can be a complex but rewarding venture. To ensure success, it’s crucial to have the right professionals, prepare the correct documents, and follow the proper steps at the right time.
Tina Hwang, Director and head of the Property & Disputes Team, has been re-appointed as Convenor of The Law Association Property Law Committee. This dynamic committee meets monthly to address pressing issues and regulatory changes impacting property lawyers. Over the years, the committee has proactively engaged with banks, organisations, and key stakeholders, advocating on behalf of property lawyers by providing recommendations and submitting legal submissions for regulatory changes on critical matters.
From 1 October 2024 onwards, partners of New Zealand citizens and residents may be entitled for work or visitor visas for a maximum of 3 years. This is an extra year from the previous 2-year maximum. However, the couple need to have been living together for at least 12 months to be eligible for this extra year.
As an international student, receiving work rights can be an exciting opportunity to gain valuable experience and support yourself financially. However, it’s crucial to understand the conditions attached to your student visa to avoid jeopardising your future visa applications.
New Zealand is an international country with high population mobility. Due to our small size, many Kiwi companies look to international talent to fill crucial or critical roles.
ImmigrationAccredited Employer Work VisaTina Hwang, Director and head of the Property & Disputes Team, has been making waves with her recent contributions through publications and presentations across the property and construction sectors. Tina recently penned a thought-provoking article on the pressing employment challenges in the construction industry, published in the Builders and Contractors magazine. Her insights delve into the complexities employers face in navigating the current employment landscape.
Purchasing a property off-the-plan can be an exciting venture, offering the promise of a brand-new home tailored to your preferences. However, it also comes with its own set of challenges and risks. In New Zealand, off-the-plan sale and purchase agreements are common, but it is crucial to approach them with caution and due diligence.
Property LawReal EstateNew Zealand's immigration policies are designed to balance the needs of the local labor market with the benefits of hiring skilled migrants. One of the key aspects of this balance is the Accredited Employer Work Visa (AEWV) scheme, which includes a median wage threshold. However, certain roles are exempt from this threshold, allowing employers to hire migrants for these positions without meeting the median wage requirement.
ImmigrationImmigration LawImmigration New Zealand (INZ) has announced that they will be introducing changes to their charges (which includes both application fees and levies). These changes will go live on 1 October 2024. The vast majority of these changes are an increase in charges, sometimes even more than doubling in price.
ImmigrationImmigration LawQueen City Law has always been a regular at Legalwise seminars, both as the Chair and as presenters. Yesterday’s seminar, “Which Pathway is Better?”, is a showcase of our talent as the Chair and the presenters are all from Queen City Law.
Immigration LawImmigrationAt Queen City Law, our support staff are the unsung heroes who keep everything running smoothly and we are thrilled to welcome new members to our support staff team.
HRManagementSupport StaffMarcus & Bradley discuss how Americans can buy property in New Zealand and the various residence pathways required to buy your home.
ImmigrationIn the constantly changing and complex landscape of New Zealand's immigration system, staying compliant is more crucial than ever for employers. The Accredited Employer Work Visa (AEWV) program aims to streamline the hiring of migrant workers, but it also comes with stringent post-accreditation checks and potential risks in order to prevent migrant exploitation.
ImmigrationImmigration LawNavigating the complexities of real estate transactions can be challenging, whether you’re buying, selling, or investing in property. While real estate agents and brokers play vital roles in these processes, having a property lawyer by your side is indispensable for ensuring a smooth, legally sound transaction.
Property LawReal EstateNew Zealand offers 3 main pathways to citizenship: by birth, by descent, and by grant. While the privileges and responsibilities of citizenship are largely the same for each, there are a few significant distinctions between the three.
ImmigrationImmigration LawA mortgagee sale occurs when a mortgagee (lender) sells a property to recover a defaulted loan. This process can only be initiated if the borrower defaults under the loan agreement, which includes failing to repay the loan on time, missing interest payments, or not maintaining/insuring the secured property to the satisfaction of the mortgagee (lender).
Property LawReal EstateRecently, the Minister of Immigration introduced significant alterations to the Accredited Employer Work Visa (AEWV) scheme, particularly affecting low-skill workers. This blog delves into these changes and their implications.
ImmigrationImmigration LawAccredited Employer Work VisaIn a fictitious scenario of an entirely imaginary world of English Law breach of “Condition” is personified as Batman within the realm of contract law. Much like Batman, Condition is to guarantee that promises and representations made under a contract are upheld with integrity and performed in good faith. If we were to take the same strange and wonderous metaphor to “Warranties” taking on a persona of Robin, Warranty is a supportive companion of Condition, offering additional assurances and parties’ reinforced commitment.
If you plan to keep your current migrant workers or hire new ones, you will need to renew your accreditation. Additionally, if you want to change your accreditation volume, such as moving from standard to high-volume accreditation, now is the time to do so.
Managing Director of Queen City Law, Marcus Beveridge, joins Eden Bradfield, Head of Research at Blackbull on their podcast to discuss assorted issues including the Active Investor Plus business immigration category, what changes are afoot (Including resurrecting the Investor 1 and Investor 2 immigration categories and a possible infrastructure investment component), push and pull factors, the New Zealand Government’s first hundred days and the world’s rapidly changing geopolitical situation.
Property development finance in New Zealand refers to the financial support provided to individuals or companies involved in property development projects. This type of financing is specifically tailored to the needs of property developers and is designed to help them cover the costs associated with acquiring land, construction, and other development expenses.
In the ever-evolving realm of education, the heartbeat of our future lies in the hands of skilled and passionate teachers. In New Zealand, Secondary School Teachers stand as the bedrock of our education system, sculpting the minds that will shape tomorrow’s leaders. However, despite the critical role they play, there exists a disparity that threatens to undermine the pathway to residence for these educators.
What is a Migrant Exploitation Protection Visa? This is a special visa available to migrant workers who have been exploited while working on an employer supported work visa. If you have reported exploitation while on an employer supported work visa, you can apply for this visa to leave your job while the exploitation is being investigated.
The changes to the Accredited Employer Work Visa (AEWV) introduced many new rules, which can be confusing for employers to keep up with. One of the more especially confusing rules is about how qualifications are used, as its very easy to make a certain mistake.
The past few years have been a rollercoaster for all of us, with the shift from office to home and then back again. It was an interesting ride, but during that time QCL was presented with an opportunity to move offices, which gave us the chance to rethink what a great workspace should be. We aimed for a place that complimented our culture - a place where you’d look forward to spending your day.
Along with the appointment of our new Directors, Queen City Law is also pleased to announce the promotion of Max Shin to Senior Associate, Aimee Young to General Manager, Harris Gu & Luke Beveridge to Senior Lawyer, Polina Boyarchenko to Senior Legal Executive and Alex Baldwin to Immigration Specialist.
The Coalition Government needs to get its thinking cap on and get the job done. Rather than being influenced by bureaucratic boffins with no real world experience, its ministers, spin doctors, and policy teams need to robustly engage with those at the coal face so that we end up with attractive rules that result in outcomes we want.
If you currently hold an AEWV these changes will not impact your visa conditions or duration. However, it may affect how long you may be able to stay in New Zealand at one time. This is known as “maximum stay”, once a migrant worker reaches their maximum stay period, they must leave New Zealand.
Immigration New Zealand (INZ) may complete checks to confirm you are meeting your obligations as an Accredited Employer. INZ will conduct checks on a proportion of accredited employers each year. A check can occur at any time while you are accredited; these checks can be both desk-based or through site visits.
These changes do not impact current migrant workers' visa conditions or duration if they already hold an AEWV. However, it will affect how long they may be able to stay in New Zealand at one time. This is called the “maximum stay” and migrant workers must leave New Zealand once they have reached this limit. The changes will also affect new Job Check and AEWV applications submitted from April 7, 2024.
This years Immigration Law Summit had quite the turnout from current and past Queen City Law staff members. Marcus was co-chairing the event, Brad and Harris presented on the Active Investor Plus category and Sonny also presented (with 48 hours notice!) on how employment disputes can cause liabilities to the immigration profession.
The National party led New Zealand government has recently announced significant changes to the bright-line test (capital gains tax regime) for residential property sales. This is aimed at cooling the housing market and undoing the changes the previous Labour government enacted during their terms of government.
Entering into a commercial lease can be a complex journey filled with legal intricacies and financial implications. Whether you're a seasoned landlord or a new business owner stepping into the world of commercial leases for the first time, understanding the nuances of these agreements is crucial.
If you’ve been living in New Zealand as a Resident, then it may be time for you to consider applying for your Permanent Resident Visa (PRV). The main benefit to this is indefinite re-entry to New Zealand. This means you can travel freely in and out of New Zealand without having to worry about your ‘travel conditions’ expiring.
Kung ikaw ay nakatira sa New Zealand na may hawak ng Resident Visa, baka oras na para magapply ka ng iyong Permanent Resident Visa o PRV. Ang pinakaunang pakinabang nito ay wala ng limitasyon o entry travel condition ang visa mo sa New Zealand. Ibig sabihin nito, maaari kang magbiyahe nang malaya papasok at labas ng New Zealand na hindi ka nagaalala tungkol sa pag-expire ng iyong ‘travel conditions’.
The Reserve Bank has recently announced its proposal to introduce the debt to income (DTI) restrictions on residential mortgage lending. But what exactly does this mean, and how might it affect those looking to step into the property market?
A sale and purchase agreement for residential property may include various conditions, depending on the purchaser’s circumstances and negotiations with their vendor, and may vary depending on the property.
Property LawIn a move aimed at streamlining the process of overseas investment decisions, there are proposals to limit ministerial involvement to matters strictly related to national security only. Currently, ministers have the authority to make decisions regarding investments deemed to be in the national interest, but this responsibility is often delegated to the Overseas Investment Office (OIO). However, this system has been criticized for adding complexity and time to the decision-making process, leading to calls for reform.
Immigration LawThis busy role will include assisting multiple lawyers with administration tasks as well as standard receptionist duties. The perfect person will be someone who works well under pressure, has strong attention to detail, is a fast learner, self-motivating and takes initiative
Marcus is back with his fourth episode of 'Minutes with Marcus'. In this episode he discusses exciting updates within QCL and its staff, the construction taking place on Victoria Street West and of course, our brand new government.
The Accredited Employer Work Visa (AEWV) is a temporary work visa designed to ensure New Zealanders are first in line for jobs and where genuine skill or labour shortages exist, accredited employers can hire skilled migrants. This was introduced on July 4 2022.
Accredited Employer Work VisaImmigration LawFollowing the unfortunate liquidation of the ELE Group in December 2023, a silver lining has emerged. Queen City Law, New Zealand Labour Hire and Immigration New Zealand have come together to support the affected migrant workers, demonstrating the power of unity and compassion in times of crisis.
Work VisaImmigrationFilipino WorkersQueen City Law is looking to hire a full time highly skilled and motivated Senior Litigation Consultant or an existing Litigation Team. The successful candidate will play a pivotal role in leading and managing complex litigation cases, providing expert legal advice, and representing our clients in the courts.
Litigation & Dispute ResolutionQueen City Law is excited to have Hannah join the team!
Immigration LawLeaky buildings are buildings that require remedial work to weathertightness issues, whether or not it falls within a 10-year weathertightness guarantee. It may involve systemic failures in the building or may be isolated leaks from poor maintenance. They cost owners (and potentially buyers of leaky buildings) significant costs to remedy.
Property LawThe Law Association Property Law Conference will be held on 29 February 2024, at Four Points by Sheraton, Auckland - And Queen City Law's Senior Associate, Tina Hwang, will be presenting on Due Diligence Tips in Residential Property Acquisitions.
Property LawWhen purchasing sensitive land (which now includes residential property) in New Zealand, you may need OIO consent. Whether or not you require consent depends on your residency status, and if purchasing under a company or trust, will be dependent on whether the entity has an overseas persons or is associated to an overseas person.
OIOOverseas Investment OfficeWhat is a statutory demand? A statutory demand is a demand for undisputed debt to be payable within a certain amount of time. There are 5 requirements that are needed...
liquidationreceivership bankruptcystatutory demandDo I need a prenup? What is a contracting out agreement? What is relationship property? These are some questions you may ask yourself when entering a serious relationship with your partner. It is important to understand the answers to these questions before committing not only yourself but your assets to your partner.
Contracting OutPrenupThe Unit Titles (Strengthening Body Corporate Governance and Other Matters) Amendment Act 2022: What the changes mean and what to be aware of:
Unit Titles ActProperty LawQueen City Law along with Bentleys, Blackbull Wealth and NZVC held an online seminar where they discussed the New Zealand Residence Visa (Investor Plus Category) from the Queen City Law office.
Immigration LawThis article explores an important topic that will affect aspiring entrepreneurs and business owners: the legal considerations for starting a business in New Zealand. At Queen City Law, we witness firsthand the challenges and opportunities that arise when embarking on a new business venture. By understanding the legal landscape, you can set a solid foundation for your business and mitigate potential risks.
Employment LawQCL is at the forefront of business migration and in fact all aspects of migration and has nurtured an incredible client base largely due to this work type. We get to know our clients very well during this process and this generally forges a long term trusted advisor relationship with the firm as we then represent our clients with all of their other legal requirements (Estate planning, commercial, property, employment for example only) in Aotearoa/New Zealand.
If a contract has been breached – not performed in accordance with its terms – then the aggrieved party has to decide what to do about it. This involves two distinct considerations – determining what has been lost, and determining what process to follow to recover that loss.
LitigationA trust is a separate legal entity where an arrangement is made between one party usually called ’the settlor’ grants another party ‘the trustee/s’ the authority to hold and manage assets or property for the benefit of a third party or a group of beneficiaries.
Property LawPrivate WealthAccredited employers will no longer be able to use 90-day trials. The Government is requiring employers to commit to not using trial periods when hiring people on an AEWV.
Immigration LawEmployment LawContracts are the foundation of business transactions, legal agreements, and everyday interactions. They serve as the backbone of commercial relationships, providing a framework within which parties can operate, make commitments, and ensure the smooth flow of activities. However, which disputes arise, the interpretation of contracts is not always straightforward.
LitigationIn the realm of contract law, parties must clearly define the terms of their agreement to avoid misunderstandings and disputes. These terms fall into different categories, including express terms, implied terms (implied by statute, the courts, or in fact), and exclusion clauses. This article explores each of these categories and discusses notable cases that shed light on their significance and application in contract law.
LitigationIf you are applying for a visitor or student visa, it is likely that Immigration New Zealand will raise concerns in regards to whether you are a bona fide applicant.
Immigration LawAfter being in and out of lockdowns for over two years, New Zealand has finally opened its borders again. This means that people can now begin migrating to New Zealand like they were, before the pandemic hit. Immigration New Zealand has multiple pathways that can be undertaken to obtain a New Zealand Residency Visa. Each pathway will be explained below:
Immigration LawWills and Enduring Power of Attorneys are often misunderstood, with people not knowing the true meaning behind each. This blog post will put the rumours to bed, and explain what they are for, and who should get them.
Private WealthWhen a company can’t pay its debts, the shareholders and directors can appoint a Liquidator, to wind up the company. If they do not do so, a creditor can apply to the Court to place the company into Liquidation (and has the opportunity to nominate the Liquidator).
Civil LitigationSometimes dogs bite people, situations arise when even the best owners and best dogs get into troubles. A strange set of circumstances, a confulence of misadventure or just a momentary lapse in judgement, can lead a dog owner to be dealing with the fallout from a attack or criminal prosecution. What can you do to protect yourself and your dog? This week Tina Hwang examines what a dog owner can expect when their dog is accused of attacking someone.
LitigationThe partnership visa is a great way to bring your loved one to your side. It can enable your partner to obtain either residency or an open work visa. To do so, you need to prove to Immigration New Zealand that you are ‘living together in a genuine and stable relationship’.
Immigration LawEveryone comes into contact with the law. The law that we all come into contact with can be split into 3 main areas – (i) criminal law, where the State imposes obligations on us all, (ii) torts, which can be described as norms of society which we must all abide by and that the courts will enforce, and (iii) contract, which are obligations we enter into voluntarily and which can be very extensive in their nature.
Litigation“The tree which moves some to tears of joy is in the eyes of others only a green thing that stands in the way. Some see nature all ridicule and deformity…and some scarce see nature at all. But to the eyes of the man of imagination, nature is imagination itself.” – William Blake
The Eleventh Edition of the REINZ/ADSL Agreement for sale and purchase of real estate (“Agreement”) has come into force as we approach the two-year anniversary of life under COVID-19 in New Zealand. It has developed to reflect the changing legislations and evolving industry practices. While many of the changes are minor, one of the changes are particularly noteworthy – the new Compensation Claim contained in Clause 10 of the Agreement.
Property LawAre you a first home buyer? Have you just moved to New Zealand? Do you know what a ‘conditional’ agreement is or an ‘unconditional’ agreement is? Do you know what the difference is between buying a house at auction or by negotiation?
Property LawIn New Zealand electronic communications are not considered property and therefore cannot be stolen. But can an employer access your emails and use them as reasons to dismiss an employee?
Employment LawIn brief everyone entering NZ must be of be of good character and not pose a potential security risk to NZ. This is primarily assessed through the character requirements for entry into NZ which are the same whether you are applying for residence or for temporary entry.
Immigration LawWe have all seen the Hollywood movies, the dramas and also heard of outrageous conduct "warranting" dismissal. However, does serious misconduct actually justify dismissal in New Zealand? The short answer is "no." Hardly any serious misconduct will warrant immediate dismissal as the Employment Relations Act 2000 has taught us that due process and good faith are the two corner stones in employment relationships, often at the dismay of employers.
Employment LawLimited Visas are often granted to people that have a potential risk of remaining in New Zealand unlawfully after their visa expires. It is Immigration New Zealand’s (INZ) way of giving you an opportunity to come to New Zealand for an express purpose even when they see potential risks within your application.
Immigration LawAt Queen City Law we urge you to get good legal advice if you are considering fighting a drink driving charge. If you intend to seek a discharge without conviction, be sure to share with your lawyer in a timely way all aspects of the circumstances surrounding your case. Many of the details of these circumstances will determine wether or not your defence is successful in court.
Criminal LawUnder current immigration residence criteria all individuals included in an application for New Zealand permanent residence are required to demonstrate that they have an acceptable standard of health for the grant of New Zealand residence, or, failing this, they qualify for a “medical waiver”.
Immigration LawDisputes with neighbours can arise over many things; noise, fences, trees and animals etc. Ideally, you and your neighbour should be able to resolve any problem by discussing it and acting reasonably. However, if this is not possible, the law may be able to help resolve the matter.row-monopoly-houses
Property Lawdisputes