Waikato AgriBusiness News September 2020

Positive outcomes in
technical environments
As we continue to navigate the ever-changing face of business in
the Covid environment, Cheal’s Chief Executive Rebecca Hawke
comments on the importance of a water-tight business continuity
plan, the benefits of technology and how when disaster strikes,
the capacity to deliver to your clients and retain your highly valued
team becomes your one focus.
WAIKATO AGRIBUSINESS NEWS September 2020
13
Rapid Response
Reflecting on what feels like
a distant memory, Rebecca
recounts the speed at which
Cheal responded to full lockdown
and how within 24
hours, 80 engineers, surveyors,
planners and support crew
were working from home.
“We already had a Business
Continuity Plan in
place,” says Rebecca, “and
whilst we reviewed its fitness
for purpose in this unique
Boat scan
environment, it was already
working for us.” A stable
remote access platform, up to
date equipment and centrally-located
technical software
licensing ensured that engineers
and surveyors were able
to continue converting field
data into survey plans, model
designs for civil infrastructure
projects, and resource management
planners were able
to write and upload resource
consent applications to Councils
who continued to process
and make decisions. Whilst
fieldwork was out, everything
else was well and truly in! It
also provided a timely opportunity
for research and developing
skills.
Planning for Interruptions
“When organisations are
investigating and pricing new
hardware, software and operating
systems, it’s often difficult
to visualize the ROI,”
says Rebecca. “But by not
planning for the effects of an
event such as a pandemic, an
organisation’s ability to operate
is decreased significantly,
often with drastic outcomes
for the owners, and ultimately
their most important asset,
their team.”
But aren’t Surveyors and
Engineers old school?
“Not at all!” says Rebecca
– “they use some of the
most advanced technology
available in the industry and
the capabilities of software
are increasing by the day”.
Whether it’s in the office
modelling a design to manage
stormwater catchments or
in the guts of a power station
with a Metrology Grade Laser
Scanner, the capabilities of
the technology Cheal uses are
second to none. The key is
planning for continued investment
and being ahead of the
game, whatever might come
your way.
Rebecca Hawke is Chief
Executive and a Principal
of Cheal Consultants Ltd.
Established in 1940, Cheal
has offices in Hamilton,
Taupo, Taumarunui, Ohakune,
Rotorua and Napier and
provides expertise in Civil,
Structural and Geotechnical
Engineering, Surveying
and Resource Management
Planning.
- Supplied copy
TRUST LAW IS CHANGING - Are you ready?
Kiwis love trusts
There are somewhere between
300,000 and 500,000 family trusts
in New Zealand, the highest
number of trusts per capita in the
world. Trusts are one of the most
flexible asset ownership vehicles
we have. While there may still
be good reasons to have a trust,
changes to Trust law may mean
a trust is no longer relevant or
required.
know what the assets and
debts of the Trust are, and fully
understand what the Trust
Deed says. The Act goes further
than simply knowing about
the Trust Deed and the Trustee
role however, with greater
expectations that trustees will
keep accurate records, formally
document decisions and hold
regular trustee meetings.
Implications for Beneficiaries
The Trusts Act 2019
The new Trusts Act 2019 is the
most significant change to trust
law since the passing of the
Trustee Act in 1956. The new
Act was passed in July last year
and comes into force in January
2021. A substantial number
of New Zealanders are going
to be affected by the new Act,
particularly those who are a
trustee and/or a beneficiary of
a trust and those who provide
advice about a trust.
Implications for Trustees
One of the aims of the new Act
is to make trust law easier to
understand. Many trustees
in New Zealand do not fully
understand their role and the
obligations that go along with
it. The new Act addresses this by
imposing greater responsibilities
on Trustees to understand their
role, and the terms of the Trust
Deed. It is important therefore
that people acting as a Trustee
have a copy of the Trust Deed,
The new Act also introduces a
presumption that beneficiaries
of a trust will be provided with
certain basic information about
the trust, including being told that
they are a beneficiary, who the
trustees are, and being provided
with a copy of the Trust Deed.
The beneficiaries are also entitled
to request other more detailed
trust information, which could
include among other things,
financial statements, valuations
of trust assets and
trustee resolutions.
In many Trust Deeds, the
definition of “beneficiaries”
is very wide – this could be
problematic when the new Act
carries with it a presumption that
beneficiaries are entitled to a lot
of information about the Trust
and its assets.
Where trustees intend to refuse
to provide information to a
beneficiary, it will be important
that they seek legal advice.
Otherwise, the beneficiary may
bring a claim against the trustees
which will include the cost of that
beneficiary having to bring that
claim to court.
What next?
In many cases, the more stringent
rules and requirements under
the new Act will require a careful
consideration of whether it is still
worthwhile to have the Trust in
place. This is particularly the case
where decisions of the Courts
and changes to government
policies have eroded many of the
original reasons for setting up
a Trust. In some cases having a
Trust can be counterproductive
to the reason for which the Trust
was settled.
For example, having the family
home in a Trust may make it less
likely that the settlers of that
Trust qualify for residential care
subsidies. As the new Act doesn’t
come into force until January
2021, there is still time to get
prepared and seek advice.
Some of the things you will
want to consider will be; do you
still need your trust or should it
be wound up? Does the class of
beneficiaries include
people you never intended to
benefit from the trust?
Does the trust deed need to be
updated? And, what will be the
best way to deal with a request
for information by beneficiaries?
If you have any questions about
the new Act and what your
options are, contact Shelley
Greer at Gallie Miles.
_ Hamilton/Te Awamutu/Otorohanga _
0800 872 0560
E: office@gallie.co.nz
www.gallie.co.nz
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