General Warnings


Why Make A Will?
If you die without making a Will, the rules contained in the law would decide how your assets would be split up and distributed to your family and other members. This method of distribution may not necessarily be what you wanted.

For example, some of the rules are:

  • If you die survived by your spouse, the whole of your estate passes to that spouse.
  • If you die survived by a spouse and children, your estate would be divided between your spouse and your children.
  • If you die and are not survived by a spouse or children, but are survived by parents, your parents would receive your estate.
  • If you die and are not survived by a spouse, children or parents, but are survived by brothers and sisters, your estate would be divided equally amongst the brothers and sisters.

These rules refer to legally married spouses. Where there is a de facto relationship involved the rules are different.

When Should A Will Be Prepared and Signed
A Will needs to be prepared and executed while you still have legal capacity to do so. You would want your last Will and testament to be prepared and signed in accordance with the requirements of law while you are healthy and have full control of your mental faculties.

If you wait until an accident or illness, it could be too late.

Why Not Wait Until I Am Ill?

The problem is we all put things off until tomorrow and then forget or are unable to complete what we intended. In the case of a Will, procrastination can be very dangerous. Most people don't know when their end is coming. It just happens in an instant, either through an accident, a plane crash or a sudden heart attack. Even if a person gets a critical illness, he or she may be reluctant to prepare a Will, fearing that doing so would be a “jinx”.

We all have to get past these types of superstitions. Sometimes an illness or a stroke, or even strong medicine may preclude a person from making a valid Will because they may not be mentally competent. The bottom line is that we should not wait until we are ill, but make a Will as soon as possible.

Use of Natural Resources

Resource Management
If your business or activity uses or affects a natural resource you will have to apply for resource consent from your local authority. Application forms are available from the local council and you will need to provide an assessment of the affects your business activities will have on the local environment etc.

The Resource Management Act 1991 can have a significant effect on the cost of establishing and operating some businesses. All activities must comply with environmental management policies established by local and regional government, which is responsible for land use management, noise control, water, soil and geothermal resource management, pollution control, natural hazard mitigation, soil conservation, lake and riverbed management and other aspects of land use.

Central Government is responsible for allocating and pricing mineral and energy resources, for health and safety in mines and for a national coastal policy.


Compliance Obligations
Under the Statistics Act 1975, if you are approached by Statistics the USA to respond to one of its surveys then you have to comply. Statistics the USA has to protect you and your business by keeping the information that you supply confidential. Any published information must be presented so that specific details about any individual or business are not made public.

The data you provide helps to produce official statistics, which are essential for measuring the USA's economy. These statistics are produced to international standards and are used for determining such things as the USA's credit rating and interest rates