Terms of Trade - An Essential Part of Your Business

Thursday, June 01, 2017

Terms are Essential: Read more

Commercial Leases - Things Landlords Should Consider Before Entering Into a New Lease

Friday, May 12, 2017

It is in a Landlord's best interest to protect their investment and make sure any exposure to loss from a dodgy Tenant is minimised.  All too often we hear of stories involving a Landlord being duped by a Tenant for whatever reason.  Perhaps the Tenant becomes unable to pay its rent and rather than seeking out the Landlord and dealing with the situation head on, the Tenant allows its financial problems to continue until it is too late.  By this time the Landlord is often owed money in rental and outgoings arrears and in the more extreme circumstances can be left with a vacant property needing to be re-tenanted urgently. Read more

Protecting Commercial Landlords From Tenancy Default

Friday, May 12, 2017

Unfortunately situations where Tenants are unable to pay rent on their leased commercial premises happens all too often.  As a commercial property Landlord, knowing your rights and what to do if this situation arises will help minimise your losses. Read more

House and Land Package Purchase Issues

Friday, May 12, 2017

Buying a new build "House and Land" package has become a popular option for many first home buyers.  It can involve a deposit lower than 20% of purchase price (depending on finance), and means you have the time it takes to build to keep saving towards the purchase of your new home. Read more

Are You in a De Facto Relationship?

Tuesday, May 02, 2017

It is common knowledge that when a married couple in New Zealand gets divorced, they, general speaking, get half each of all the property owned by the parties.  In New Zealand this asset division also extends to de facto relationships of more than three years, but what is a de facto relationship?  A marriage is easy to identify:  there is a wedding, someone cuts the cake, there is usually an adorable child in charge of the rings and most importantly, a legal document; a marriage certificate which says you are married.  However, de facto relationships are not so easy to identify. Read more

When Charity Does Not Begin at Home and Testamentary Freedom Triumphs

Tuesday, April 11, 2017

The truism that charity begins at home might have been given a serious knock back going by the recent UK Supreme Court decision concerning an adult daughter's claim against her mother's estate in IIott v Mitson [2017] UKSC 17.  Read more

Contract and Commercial Law Act 2017

Monday, April 10, 2017

Passed on 1 March 2017, the Contract and Commercial Law Act 2017 ("CCLA") represents a step taken by our Parliament to consolidate and modernise New Zealand's law relating to contracts and sales.  The CCLA will come into force on 1 September 2017. Read more

Providing Financial Services or Financial Products in New Zealand

Thursday, April 06, 2017

There are a large number of statutes that potentially apply to any business providing financial services or products in New Zealand.  We are aware from prosecutions by regulators and from assistance that we have provided to clients, that many people are unaware of the full compliance requirements that relate to their business.  In some cases, businesses may comply with one statute, but are unaware that there are other statutes that apply. Read more

Are You Getting Your Fair Share of Relationship Property Upon a Break Up?

Thursday, April 06, 2017

The Property (Relationships) Act 1976 ("the Act") applies to marriages, civil unions and de facto relationships.  Generally under the Act, at the end of one of these relationships, the parties receive a 50:50 share of all the relationship property.  This usually includes the home, family chattels, and all other property acquired during the relationship.  However the Court does have the power to award a lump sum payment or order the transfer of relationship property from one party in the relationship to the other under Section 15 of the Act. Read more

Will That Do? - Validation of Non-Compliant Wills

Tuesday, March 21, 2017

Before a deceased's last will can have the legal effect of distributing property to his or her heirs accordingly to its terms, it must be admitted to probate, that is accepted by the High Court as being valid. Read more

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Blackwell v Hollings Lankow v Rose Interpretation Act 1999 Section 29 Wills Act 2007 Section 14 Lump sum Credit Contracts and Consumer Finance Act 2003 (CCCFA) Charity Unfair contract terms Re Estate of Campbell Litigation Duress Interpretation Act 1999 Section 15A Division of Functions Trustee Duties Employment Compensation Property (Relationships) Act 1976 Charities Erceg v Erceg Interpretation of documents Murrell v Hamilton Fair share Testamentary Promises Asset Protection Loss of income Clayton case Personal Testamentary capacity Terms of Trade Testamentary freedom Seperation KiwiSaver Break up Business Financial services Conract Law Charity begins at home Legislation update Body Corporate Trust Confidentiality Financial services provider (FSP) Lease Titles Marriage Trusts Bill Immigration Intellectual Property Living standards Property Tamarapa v Byerley Re Estate of Feron Will that do Constructive trusts Deceased's wishes Sale of Goods Creating Trusts Tenant White v White Income Fair Trading Act 1986 Commercial Property Contract and Commercial Law Act 2017 De facto Testamentary writing Health and Safety Reform Bill Wills Trust Check Up Consumer credit contracts Wills Act 2007 Financial products Privacy Act 1993 Family Trusts Wilson v Donnellan Albany Office Auckland Office Relationship Property Executors duty Family Protection Act 1955 Amundson v Raos Administrators duty Trusts Claims against estates Valid wills Financial Advisers Act 2008 Eviction Commercial Law Ilott v Mitson 2017 UKSC 17 Undue influence Section 182 Family Proceedings Act 1980 Trust busting Financial Markets Conduct Act 2013 (FMCA) Beneficiary Rights Tenants Hawkes Bay Trustee Company Limited v Judd Anti-money laundering (AML) Section 15 Document Disclosure Invalid wills Civil union Zero Hour Contracts Landlord Wills Act 2007 Section 11 Changes Personal Properties and Securities Act 1999 Commercial Validity of Wills Wills Act 2007 Section 8 Due Diligence Will Lease Estate Administration Residential Economic disadvantage