LEGAL INQUIRIES

New Zealand Herald, Volume LXXVII, Issue 23615, 27 March 1940, Page 17

LEGAL INQUIRIES

MANY PBOBLEMS SOLVED This column appears each "Wednesday. Care will be taken to ensure that the legal guidance is sound and accurate and as complete as possible on the facts supplied, but no responsibility is undertaken for the advice or information. Send questions to "Advocatus," care of Editor, New Zealand Herald, Auckland, and enclose name and address as guarantee of good faith. Postal box numbers are not accepted as bona fide addresses. Initials or a pseudonym must also be given for purposes of reference in this column. Weeds,—lf any part of a tree or plant projects beyond tue boundary into an adjoining property it may be cut back to the boundary and if it causes actual material damage an action for abatement of nuisance and damages will lie. 51. —A live hedge may be a boundary fence if it has been accepted as such by tho parties or has been so dofined by a magistrate under the Fencing Act. If it .is a boundary fence neither party can interfere with it without the consent of the other. Tom.—lf a person leaves Now Zealand permanently he or she is liable social security tax on income earned in New Zealand, but not on income earned elsewhere after departure notwithstanding the fact that ho or she may subsequently return to New Zealand and reside here permanently. The s<\rno applies to levies, i.e., instalments are payable u[) to the date of departure and recommence upon permanent return. Grateful. —Tf the mortgagee grants a partial release of your section it ceases to be liable and the mortgagee cannot make any claim. Your solicitor will see that the partial release is effective. _ Trustee.—A trustee can retire from his duties at any time he wishes upon giving reasonable notice to the parties concerned. He may of course appoint a new trustee if the trust instrument so empowers him or it may be that some other person or persons are nominated to make the appointment or it may be that application to tho Court is necessary. A trustee must render iiis accounts up to the date of retirement. A.J.G. —You and your neighbour are each liable for half the cost of a legal fence under the Fencing Act provided the proper notices aro given. If there is a dispute as to the type of fence it must be settled by a magistrate. The amount which a person can be called upon to contribute toward the cost of a fence is restricted by Order-in-Council. Bunny.—Money received as compensation for an accident is not liable to any tax, whether income tax or social security charge and need not be declared in your return of income. E.A.H.—The Social Security Act provides that any person who immediately prior to the commencement of the Aot, namely April 1, 1039, was in receipt of an old-age pension, and also a pension under tho War Pensions Act or an allowance under the War Veterans Allowances Act niay be granted an age benefit under the Social Security Act. The amount such person will receive will be the same, as before the Act. The reason for this is that it- is an exception from tho general provisions of tlie Social Security Act that no person may receive a benefit under the Act and also a pension under the War Pensions Act or a war veteran's allowance. Ihe effect is that the amount they were receiving at the time of the passing of the Social Security Act would not be increased. E M T.—When the parents of a child, born before marriage,. marry, the child becomes legitimated and it is the duty of such parents to give notice to the registrar of births when a new birth certificate will be issued. This does not affect insurance on a child provided identity can be proved. Interested. —Theoretically parents retain control over their children until they reach the ape of 21 years. Actually such control diminishes wi'th the increasing age of the child. The Court always considers the interests of the child as paramount and will not enforce unreasonable claims by the patents. Penygreen.—Where a company pays the social security tax the shareholder does not. The declaration by the shareholder provides for the return of dividends on which tax has been paid. Certain. —There is no law in New Zealand against the marriage of third cousins. B.—Your inquiry cannot bo satisfactorily answered in this column. It. requires a personal interview with a solicitor. Policy.—Your rights would depend on the nature and terms of your insurance policies. With most life insurance companies ordinary life insurance policies acquire a surrender value which is paid by the company if the policy is cancelled. The policies known as industrial policies under which usually a small weekly payment is made generally provide that nothing is returnable to the policyholder if the policy is allowed to lapse. In the case of a longstanding industrial policy some companies make a small payment on the surrender of the policy. Hoping and Puzzled. —The superannuation benefit under the Social Security Act commences on April 1, 1010, at £lO per annum, increased by £2 10s per annum until £7B per annum is reached. It is payable regardless of the circumstances of an applicant, but is not payable in addition to any other benefit under Part 2 of the Social Security Act. It is payable to persons over the age of 65 years "who have been resident in New Zealand ten years in the case, of a person resident in New Zealand on March 15, 1038, or 20 years in other cases. Forms for making application should shortly be available and I am informed that broadcast instructions will be given. Bach. —You must comply with tho formalities required by law to establish your title to the piece of land on which you intend to build. No other method will be satisfactory and might result in your losing the bouse which you build. The expense will depend upon the value of the land, tho nature of the vendor's title and the requirements as to surveying. These you can ascertain before you purchase. Anxious. —Area of land is in general taken on the flat, that is to say, the extra surface caused by hills or depressions is disregarded. The terms of a particular contract may negative this and may show that the actual surface is to be measured. Widow, Epsom.—Seo answer to "54." Apart from the Fencing Act, if the hedge is on your property your neighbour cannot touch it except to cut. the branches back to the boundary. If it amounted to a nuisance he could take appropriate action. Paddler. —A landlord may obtain vacant possession of his house under the Fair Rents iAct on tho grounds that he reasonably requires it for his own use and occupation. Ho must show cither that there is other suitable accommodation available or that the hardship on him in refusing ail order would bo greater than that on tho tenant in granting it. You should have no difficulty in either of these respects.