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RNZ News
an hour ago
- Business
- RNZ News
Is there any way to make a pre-nup 100 percent certain?
RNZ's money correspondent Susan Edmunds answers your questions. Photo: RNZ Send your questions to I've heard various people and sources say that there is no sure way to protect your assets from a partner after three years as a partner can claim unfairness or something similar. Is this true? Some people say a trust can sometimes be broken and pre-nups sometimes don't hold up. Is there any 100 percent certain way to protect your assets before going into a relationship over three years? Sorry, it's probably true that there's no 100 percent way to protect your assets. People often sign a contracting out agreement if they want their relationship property to be treated differently to the way that the law directs. But you're right that this is open to challenge, particularly if it can be argued that the arrangement is unfair. Bill Atkin, emeritus professor in Victoria University's faculty of law, said this was true of any contract and would depend on the circumstances. "The test for the court to set aside an agreement is where 'giving effect to the agreement would cause serious injustice'. There are other factors taken into account including the desire for certainty. It is not common for a contract to be set aside unless, for example, there has been some improper dealings in getting a party to sign. On the other hand, a contract entered into many years ago may turn out to be unreasonable in the light of what has happened in the meantime. To allow no leeway for setting contracts aside would be unfair." A contract must follow the formalities set out in the Property (Relationships) Act. Atkin said the main one that must be remembered was that both parties must have independent legal advice. "Failure to do this will of course meant that the contract is on the face of it invalid." Nicola Peart, University of Otago law professor, said a contracting out agreement was still a good way of protecting your assets, even if it was not ironclad. "Assuming the agreement was made with full information and independent legal advice, it can still be challenged if it was seriously unjust at the time or has become seriously unjust at a later point in time." And this is me talking - this is probably a good thing, overall. If you're living together as a couple and your circumstances change, it's reasonable that what was fair at the outset might no longer be. It's a good idea to get your own legal advice about your individual circumstances. We are currently settling an estate. The deceased had a credit card to a third-party lender, a Q Card, not a Q MasterCard. I cannot find any mention of estate obligations should the holder die, which I have seen with other credit cards. Does this mean the estate is not obligated to pay the bill? Michelle Pope, a principal trustee at Public Trust said generally, if a credit card account was held only in the name of the person who died, it would become a debt of the estate, to be paid from their assets. "However, if the account was in joint names, the responsibility for the debt usually passes to the surviving account holder. We're assuming the lender has already been contacted and the terms and conditions have been reviewed. If those terms don't specify what happens when someone dies, then the debt would usually be treated as one that needs to be settled." In 2007, I separated from my ex-husband and started a relationship with my new partner. He said to me that he had put his property and business into a trust so no other partners could get any of his property. I was OK with that because I felt going forward he would look after me if I became his wife and the mother of his children. Fast forward to 2016 I received $135,000 from my mum's inheritance and 2018/2019 $130,000 from dad. We had been renovating this beautiful 100-year-old house and property in which we used my inheritance to renovate it. I was happy as this was our family home and it was lovely, until 2020 when he started an affair and we separated. Do you have any suggestions on how I can get my inheritances recognized in our financial settlement case? Peart says there is a pathway ruling on general equitable principles, in particular the "constructive trust", which has been used to compensate former partners who have made substantial contributions to assets held in a trust where the court is satisfied that she had a reasonable expectation that she would share in the value of her contributions and it is reasonable for the trustees to yield an interest. She said, if you were married, section 182 of the Family Proceedings Act could be a way to get a settlement. This covers the court making orders relating to property. But she said the opportunity for a court to intervene in nuptial settlements and do something for a spouse who was not getting anything was not available to people who were de facto. "She may well be able to rely on general equitable principles, in particular the constructive trust, for an order that the trustees of the trust hold a share of the home on trust for her on the basis of contributions made to the property and a reasonable expectation that those contributions would result in some share of the property. "Aside from that, I wonder whether she was advised by whoever was handling her parents' estates about the risks of losing her entitlements if she used it to renovate the family home. In this case, the risk was even greater, because the family home was in trust. "This highlights the risks involved with commingling an inheritance with relationship property . As discussed last week, to be kept separate, an inheritance needs to be held apart from other property. "An inheritance is separate property under the PRA, but once it is intermingled with relationship property or invested in the family home, it becomes relationship property and is subject to the equal sharing regime," Peart said. "Lawyers advising on distribution of estates commonly give advice about that to the beneficiaries of the estate to make sure they realise the risks of not keeping the inheritance separate." Atkin said any property owned by a trust would not be divided under the act. "There are some exceptions, where the trust ownership may be factored in, for example where the trust is a sham or where one of the parties has so much control under the Act that they are treated as having an interest that can be divided. "Also, in some situations there may be compensation where relationship property, such as the home, has been transferred to a trust during the relationship. There are other points here but, in short, the relevant law where there is a trust is complex and not consistent. The Law Commission has accepted that the law needs to be reformed but the government has shown no signs so far of implementing the Law Commission's recommendations. "Now, what about the inheritance? There is no direct way under the Act of recognising the inheritance. Any claim would be against the trust. If the inheritance money had been packaged as a loan to the trust, then the trust would be in debt to the person who lent the money. However, most people in relationships are unlikely to think about doing this. Another possibility is that the heir can make a claim under laws that apply generally, not just to relationships. A genuine possibility is to claim what the law calls a constructive trust in relation to the formal trust. The latter would have to account for the contribution made by way of the inheritance but success here is by no means guaranteed and what the value of a constructive trust would be is subject to all the factors in the case. Legal advice would be needed and one would hope that a satisfactory negotiated settlement can be reached with the trustees. Trouble is that the ex may well be one of the trustees and may play hard to get."
Sydney Morning Herald
16 hours ago
- Entertainment
- Sydney Morning Herald
Tattoos may no longer be forever, but removing them is no picnic
Claire Coulstock, a lecturer in dermal science at Victoria University, says while tattoo removal technology has become more sophisticated, 'there are still limitations. Especially with certain skin types that are more naturally pigmented'. Limitations in wavelengths also mean that not all tattoos – particularly those with thicker lines – can be entirely eliminated. Other factors, including a tattoo's age and colours used, affect how long it takes to remove ink, but it can take anywhere from three to 20 sessions, and several years, for one tattoo to fade completely. 'Not just the ex's name' Kelly Swift, owner of Swift Tattoo Removal in Melbourne, has been working in the industry for more than a decade. During this time, she's witnessed the increasing popularity of tattoo removal, which she says has risen in lockstep with the growing ubiquity of tattoos. Loading In 2023, 30 per cent of Australians had tattoos, compared with 20 per cent in 2018, while about one in four people expressed regret over a tattoo, with almost half of that cohort going on to have one removed or camouflaged. Swift says clients' motivations for tattoo removal vary, but more people are opting for removal when they find a tattoo no longer aligns with their aesthetic, rather than removing a tattoo that may prohibit employment opportunities or that are tied to a bad memory. 'It's not so much the ex's name any more. People just want a new style,' she says. Jess Buxton, owner of Buxton Tattoo Removal in Sydney's inner west, says evolving trends are key drivers of business. 'In the '90s, heavy tribal tattoos were on trend. A lot of people are removing those now. A lot of cultural appropriation stuff as well, like Polynesian sleeves, with people not realising that they mean things.' Her clinic, which is housed inside a tattoo studio like Swift's, also helps clients fade tattoos to then be covered over. 'In the '90s, heavy tribal tattoos were on trend. A lot of people are removing those now.' Jess Buxton, owner of Buxton Tattoo Removal in Sydney Swift thinks the practice's increased accessibility may also have made people more lax about getting a tattoo in the first place. 'I get messages from people the day after they get their tattoo, and they're like, 'I made a mistake',' she says. Swift highlights the tattoo removal process can be time-intensive and expensive. Jason Erwin, Australian director of operations for global tattoo removal chain Removery, sees the procedure's rising popularity as part of the rise in cosmetic treatments. 'It's normalising it as part of any beauty treatment,' he says. 'Laser hair removal has been on the market for a good 20 years, and tattoo removal has only been on the market for around nine years. 'We've really seen an exponential increase in treatments, over the past three years in particular.' He agrees that laser tattoo removal can be a long process. Many prospective clients – particularly those hoping to erase an ex's name or remove a tattoo before a wedding – expect fast results. 'It's not a quick, easy fix,' he says. Life changing But while more people are opting to erase ink that simply doesn't suit them any more, for some, removing a tattoo can be genuinely life changing. Loading In 2019, Amanda McKinnon founded Fresh Start, a program that offers free tattoo removal to those who aren't able to access or pay for it. Eligibility criteria include survivors of domestic violence or immigration detention who may have been forcibly tattooed, those recently released from incarceration looking for a fresh start, ex-gang or bikie members and those with offensive or hyper-visible tattoos. 'I had a number of clients who disclosed fairly traumatic circumstances around why they got the tattoo, but it was just unachievable for them to access tattoo removal because of the pricing,' says McKinnon, who has been working in the industry for more than a decade through her practice LaserTat in Adelaide. One of the first of its kind in Australia, McKinnon's studio last year partnered with tattoo removal studios in Sydney, Melbourne, Brisbane and Perth to deliver the program nationwide. An unregulated industry There is no national regulatory framework to oversee tattoo removal operators in Australia, with regulations varying state by state. Tattoo removal operators in Queensland, for example, require a licence to practice, whereas those in NSW and Victoria do not. 'Anyone can buy a machine online and start messing people up,' says Swift, who advises people to choose a clinic using medical grade machines, with good 'before and after' photos, and to avoid those who promise results in a short period of time.
The Age
16 hours ago
- Entertainment
- The Age
Tattoos may no longer be forever, but removing them is no picnic
Claire Coulstock, a lecturer in dermal science at Victoria University, says while tattoo removal technology has become more sophisticated, 'there are still limitations. Especially with certain skin types that are more naturally pigmented'. Limitations in wavelengths also mean that not all tattoos – particularly those with thicker lines – can be entirely eliminated. Other factors, including a tattoo's age and colours used, affect how long it takes to remove ink, but it can take anywhere from three to 20 sessions, and several years, for one tattoo to fade completely. 'Not just the ex's name' Kelly Swift, owner of Swift Tattoo Removal in Melbourne, has been working in the industry for more than a decade. During this time, she's witnessed the increasing popularity of tattoo removal, which she says has risen in lockstep with the growing ubiquity of tattoos. Loading In 2023, 30 per cent of Australians had tattoos, compared with 20 per cent in 2018, while about one in four people expressed regret over a tattoo, with almost half of that cohort going on to have one removed or camouflaged. Swift says clients' motivations for tattoo removal vary, but more people are opting for removal when they find a tattoo no longer aligns with their aesthetic, rather than removing a tattoo that may prohibit employment opportunities or that are tied to a bad memory. 'It's not so much the ex's name any more. People just want a new style,' she says. Jess Buxton, owner of Buxton Tattoo Removal in Sydney's inner west, says evolving trends are key drivers of business. 'In the '90s, heavy tribal tattoos were on trend. A lot of people are removing those now. A lot of cultural appropriation stuff as well, like Polynesian sleeves, with people not realising that they mean things.' Her clinic, which is housed inside a tattoo studio like Swift's, also helps clients fade tattoos to then be covered over. 'In the '90s, heavy tribal tattoos were on trend. A lot of people are removing those now.' Jess Buxton, owner of Buxton Tattoo Removal in Sydney Swift thinks the practice's increased accessibility may also have made people more lax about getting a tattoo in the first place. 'I get messages from people the day after they get their tattoo, and they're like, 'I made a mistake',' she says. Swift highlights the tattoo removal process can be time-intensive and expensive. Jason Erwin, Australian director of operations for global tattoo removal chain Removery, sees the procedure's rising popularity as part of the rise in cosmetic treatments. 'It's normalising it as part of any beauty treatment,' he says. 'Laser hair removal has been on the market for a good 20 years, and tattoo removal has only been on the market for around nine years. 'We've really seen an exponential increase in treatments, over the past three years in particular.' He agrees that laser tattoo removal can be a long process. Many prospective clients – particularly those hoping to erase an ex's name or remove a tattoo before a wedding – expect fast results. 'It's not a quick, easy fix,' he says. Life changing But while more people are opting to erase ink that simply doesn't suit them any more, for some, removing a tattoo can be genuinely life changing. Loading In 2019, Amanda McKinnon founded Fresh Start, a program that offers free tattoo removal to those who aren't able to access or pay for it. Eligibility criteria include survivors of domestic violence or immigration detention who may have been forcibly tattooed, those recently released from incarceration looking for a fresh start, ex-gang or bikie members and those with offensive or hyper-visible tattoos. 'I had a number of clients who disclosed fairly traumatic circumstances around why they got the tattoo, but it was just unachievable for them to access tattoo removal because of the pricing,' says McKinnon, who has been working in the industry for more than a decade through her practice LaserTat in Adelaide. One of the first of its kind in Australia, McKinnon's studio last year partnered with tattoo removal studios in Sydney, Melbourne, Brisbane and Perth to deliver the program nationwide. An unregulated industry There is no national regulatory framework to oversee tattoo removal operators in Australia, with regulations varying state by state. Tattoo removal operators in Queensland, for example, require a licence to practice, whereas those in NSW and Victoria do not. 'Anyone can buy a machine online and start messing people up,' says Swift, who advises people to choose a clinic using medical grade machines, with good 'before and after' photos, and to avoid those who promise results in a short period of time.
Otago Daily Times
2 days ago
- Entertainment
- Otago Daily Times
History of acting training explored
New Zealand's leading theatre educators and practitioners have joined forces to take an in-depth look at the history of actor training in this country in a new book, being launched in Dunedin this week. University of Otago theatre studies Associate Prof Hilary Halba and Victoria University theatre studies Prof David O'Donnell are co-editors of the book, entitled Acting in Aotearoa, which includes contributions from across the country's theatre community. The book will be launched by Lisa Warrington tomorrow at a function hosted by the University Book Shop from 5.30pm. All welcome. — APL
Otago Daily Times
2 days ago
- Entertainment
- Otago Daily Times
Female big band to visit Dunedin
After years of being the only woman in the big bands she performed in, Lana Law has embraced the idea of an all-female big band. She tells Rebecca Fox about her passion for big band music. At a diminutive 5ft, there is not much of Lana Law to see when she plays the baritone saxophone. What she lacks in size, she likes to make up for in sound, loving the "really honky", grunty, big sound a baritone saxophone produces. It has been that way since she convinced her music teacher to dig out the saxophone from a storage cupboard at high school. Though when she first saw it, her reaction was "holy moly". "The baritone saxophone stands a metre high so it comes up to just above my belly button if I was to stand it on the ground, so when I play it takes up quite a lot of me." She was not deterred by its size or the fact most people learn saxophone on alto or tenor instruments first. "I played baritone sax through high school and the rest they say is history." Law discovered big band music when a music teacher, who played in a band, took her along to a rehearsal. "That was pretty much it. Something about the brass, something about the groove, usually the swing, that you can't just keep still listening to it. So when I'm playing, I can't keep still either." It sealed her fate — from then on she played in big bands, and she went on to study the saxophone at Victoria University in Wellington. After graduating, she wanted to travel and got a job playing in bands on cruise ships for the next four years. "I was playing in a 10-piece band then, it's a cut-down size one, but I was always the only female in the band." The band was mostly American and Canadian male musicians with the "Kiwi girl" on baritone saxophone. Back home in Christchurch, Law established a teaching career and began playing in different bands. One day, she and another female musician wondered if it would be possible to create a band of female musicians from Christchurch. "And ta-dah, we did." That was nearly 10 years ago. They rattled off a few names, sent out a few messages and in next to no time had volunteers for an 18-piece band made up of saxophones, trumpets, trombones and a rhythm section. "Next minute we had our first rehearsal, in January 2016." About 80% of the band are regulars from those first concerts, with other players coming and going depending on what is going on in their lives. "We have a base of probably about double the size of the band." Many of the members are music teachers in Christchurch, a lot are mothers and some are students. "It's just a really nice environment and full of very responsive female musicians and it's just a joy to work with them all." Due to their busy lives, they do not have a regular rehearsal schedule, instead coming together when they need to, often on a Sunday night. Keeping on point and doing what needs to be done is essential in those rehearsals. The band plays a variety of music and has put together a series of themed concerts over the years. Its first "themed" concert in 2016 was a tribute to Natalie Cole. For the band's first concert in Dunedin, it will perform "The Ages", which honours women who have changed music in the last 100 years. "It's kind of a historical journey through various female arrangers, composers and performers right through from the '30s up until now." Putting together the concert was a bit of a challenge as not all of the music had been arranged for big bands and some was hard to find. "We like to do our research and we like to see what is out there." One of the attractions of the band is that it plays different music to what Christchurch's other big bands play. "It's nice and refreshing. Some I grew up playing in when I was in high school and things like that. So it's nice to see the different styles that each band does. Each have their own niche." It has become so popular male musicians have wanted to join. "I'm like 'well, you're missing a few things'. And they're like, 'but we can put on a wig, we can wear a skirt'." Big bands also enable musicians of all skill levels to take part. "Players who like playing in a group situation, you've got five saxophones, four trumpets, four trombones, so you might not be a flashy trumpet player, for instance, but you can help your section by being a strong third or fourth player, and that goes for any of the instruments." Law leads the band from the alto saxophone as it is easier, leaving the baritone saxophone to another musician, although they reckon she still selects music with some "really cool bari lines it it". Overall, audiences enjoy listening to the band and watching them as they interact with each other as they play. "We've had so much fun and we make such a great sound. It's just a good time but we make sure the music's good because it has to be." The band is not a quiet bunch. "You know if someone does a great solo or there's a line that happens and it sounds really good, you're like 'yeah' and everyone will go 'yeah'." One expects a big sound to come out of a "big band", but there is also a range of dynamics a band can express. "To take you on that emotional journey through the tune so you can feel all the feels in one tune." There are a couple of tunes that give Law "goosebumps" when the band plays them — (You Make Me Feel Like) A Natural Woman and Here's to Life . "Those two tunes are ballads, right, so they're kind of slowish but very expressive, whereas we've got other tunes like Let the Good Times Roll , really punchy tunes. So they'll still have the dynamics." Her day job is as an itinerant and private music teacher. So she gigs in the evenings and at weekends. "It's nice to do something that you enjoy, it's something fun that I get to do all day, every day." She also squeezes in two school big bands, which she is taking to Blenheim for the Southern Jam Festival in August, and she is music director of the Christchurch Youth Jazz Orchestra, which plays in the big band festival at Labour Weekend. While down in Dunedin, she will be adjudicating the Dunedin Youth Jazz Festival. It is a role she enjoys, having co-adjudicated the National Youth Jazz Competition alongside the late Rodger Fox. But one of her top priorities while in Dunedin will be to get a photo of the band in front of the railway station. "That's a must-do, isn't it?" TO SEE All Girl Big Band, "The Ages Show", Hanover Hall, Dunedin, July 26, 7.30pm
