Services
Property Sale and Purchase
Horowhenua Property Law is a division of Cooper Campbell Law and is our brand for dealing with conveyancing. Through our cost-effective and efficient well established brand; Horowhenua Property Law, we can offer conveyancing to all of our customers. Residential conveyancing can be a stressful time for people as it often involves complex legal issues people are not familiar with. We ensure that the issues raised by the unfamiliar legal issues arising out of a sale or purchase of real estate are cared for by our experienced staff acting under the Horowhenua Property Law brand. We will provide you with the legal advice you need and deal with the transaction on your behalf so that it all goes smoothly. We provide a very cost-effective and efficient service for residential conveyancing and take away the stress from the transaction so that you can simply enjoy the benefits of your sale or purchase. Contact us before you make an offer on a property or before you engage an agent to list your property.
Enduring Powers of Attorney
Care and Welfare EPOA
A care and welfare power of attorney is granted to only one person at a time and that person can make all decisions about your personal care and welfare (e.g. where you live, what medical treatment you receive, etc).
A care and welfare power of attorney is only activated if you are medically certified as being incapable of understanding things enough to need the assistance of an attorney to act on your behalf.
It normally means that your mental faculties are not up to scratch (eg: in a coma) anymore and you can’t make sensible decisions for yourself.Contact us to review and prepare an appropriate Care and Welfare EPOA for you.
Property EPOA
A property power of attorney is usually able to be used whether you are mentally competent or incompetent. You can make a property power of attorney also dependent upon you losing your mental faculties as well. A property power of attorney can also have two or more people appointed jointly to act. Contact us to prepare a Property EPOA that meets your needs.
Directions or Limitations within an EPOA
Both types of power of attorney allow for the donor who nominates their attorney to direct that the person appointed as the attorney must consult and inform other persons before making decisions on behalf of the donor. This is usually a wise precaution as a power of attorney is a powerful document that can be used to decide where a person lives (care and welfare EPOA) or to access money (property EPOA) on behalf of the donor. You may also direct that an attorney is not permitted to make any changes to your last will. Limitations may be placed on the types of property that an attorney is permitted to control.
Contact us to review your needs as Power of Attorneys are very personal documents and need individual customisation to meet your needs and circumstances.
Wills
A will is a very important document not only for the person who creates it but also for those who remain behind. Your will is one of the most important documents you ever create in your lifetime. If you are nearing retirement it is probably time to create your first will or update your existing will. There are a number of ways of dealing with your will that properly takes into account all of the potential claims against the bounty of your estate. We can provide expert advice that will minimize the chances of it being successfully challenged by those you leave behind. A common problem with wills is that the descendants or partners of a deceased may challenge the will if they believe that the will does not adequately cater for them based on their relationship with the deceased. It is wise to create a will so that it minimizes the chances of it being challenged in the first place, as these challenges can be both, costly to the estate of the deceased, and stressful to those who are left behind dealing with the estate. Contact us for expert advice.
Buying into a retirement village
When you are looking at buying into a retirement village there are a number of different types of options for such a purchase depending on the village and its legal setup. Some retirement villages allow for the purchase of a property on the basis of a lifetime licence to occupy which is quite different from owning a property freehold. There is the odd retirement village that allows for freehold purchases as well, but these are relatively rare. We can provide you assistance with understanding the nature of a licence to occupy and the concepts of deferred maintenance and all of the legal issues arising out of these types of ownership. We can advise on your sale also as there may be caveats on your options. Contact us to get personalised advice on your purchase.
Applications for management under the Protection of Personal and Property Rights Act 1988
A problem that can occur is if a person loses their mental faculties to such a degree that they can not make decisions about their finances or personal care and welfare.
This can occur for a number of reasons, including a head injury, dementia, Alzheimers, or intellectual impairment.
If the person did not (or was unable) to create an enduring power of attorney before they lost their mental faculties they will need someone to apply on their behalf to the Family Court to be appointed as their welfare guardian and property manager under the Protection of Personal and Property Rights Act 1988.
This is a complicated process and the person who does apply will need comprehensive legal advice on how to go about filing the appropriate applications in order to be appointed.
Contact Cooper Campbell Law and we will guide you through this process.
Commercial Law
- Cooper Campbell Law can provide legal advice on commercial law matters relating to:
- Sale and Purchase of Business
- Share restructuring
- Shareholder agreements
- Franchise Agreements
- Commercial contracts
- Finance agreements
- Employment Law
Trusts and Asset/Succession Planning
- New Zealanders have a large number of family trusts. We can assist you with setting up a family trust or provide legal advice on an existing trust. A family trust is a complex legal matter which involves issues around how they are set up and how they are administered. Cooper Campbell Law can advise you on whether a family trust is right for you and your family. We will advise you on the obligations and responsibilities of the trustee. We will also provide advice on gifting assets to the trust and how you go about transferring assets to the trust. Asset protection and succession planning is also an area that can benefit from a family trust. We can advise you on whether your situation would benefit from having a family trust as part of your overall succession plan. We will also frankly advise you on whether or not a family trust is a waste of your time, as we do not promote a family trust when there is no actual need for one. Contact us for professional independent advice on your needs.
Family Law
We provide Family Law services for clients relating to the care of children, contact with children and the day-to-day care of children. This can be dealt with on legal aid for those who qualify for legal aid. We also provide legal advice if you have recently separated from your partner. At this time property disputes can arise. We can provide legal advice on the most cost-effective way to resolve relationship property disputes. If issues are unable to be resolved by negotiation we can take proceedings on your behalf in the Family Court to resolve issues involving property and division of relationship property assets. Contact us for a personal interview on your situation and on how you should proceed to a realistic and agreeable solution.
Criminal and Transport Law
Kelvin Campbell has many years of experience in criminal law (20 plus years) and was a member of the New Zealand Law Society Criminal Law Committee for a period of 6 years. He was an author writing expert commentary on traffic matters for Brookers Law of Transport from 1998 to 2014. He worked as a Police Legal Adviser for almost 14 years and as Chief Prosecutor for the Ministry of Fisheries for 2 years. He has a detailed knowledge of the prosecution process which assists with defending matters before the District Court. He has experience in dealing with Departmental prosecutions including fisheries and animal welfare. Cooper Campbell Law is able to assist you if you are facing a criminal, traffic or departmental prosecution before the District Court. Contact us to review your situation and the options available to you in your defence before the courts.
Employment law
Cooper Campbell Law is able to provide legal advice to employers and employees about employment disputes. We can assist you to resolve matters without the need to take the matter before Employment Mediation Service or Employment Relations Authority. If however, matters are unable to be resolved by negotiation we are able to provide expert advice on taking the matter before through the Employment Mediation Service of the Ministry of Business and Innovation, or to the Employment Relations Authority if mediation fails. Contact us to review your situation and get advice on your best options for resolving the matter to your satisfaction.
Estates
- We provide legal services for estates by obtaining probate from the High Court and the administration required arising out of the estate.
- We provide legal advice on making or defending claims against estates made by persons who consider that inadequate provision has been made to them by the deceased.
- These cases can be difficult and emotionally hard to deal with, so it is best to get professional advice as soon as possible.
- Cooper Campbell Law provides our clients with practical advice on the best way to deal with these claims to minimize costs or create practical solutions in a timely way.
- Contact us to start the process to settle the estate in a timely and cost-effective manner.