Residential-Care Subsidy Update - Eligibility Improved

Thursday, July 20, 2017

The High Court, in Broadbent v The Chief Executive of the Ministry of Social Development [2017] NZHC 1499 (a test case), has told the Ministry of Social Development that it is not correctly applying the means testing assessment for income when determining someone's eligibility for a residential-care subsidy. Read more

Section 135 of the Companies Act - Reckless Trading:

Tuesday, July 18, 2017

Non-Executive or Passive Directors and Directors' Duties: The Courts Take no Excuses for a "Hands Off" Approach Read more

Directors' Duties - What Directors Need to Know

Tuesday, July 18, 2017

In New Zealand, there are few prohibitions on who can become a director of a company, and no real qualification requirements.  This means that some people become directors without actually understanding what their role requires.  This can result in a company not being managed and governed as required by the Companies Act 1993 ("Act"), which in turn can lead to a breach of duty, which can have very serious consequences, up to and including personal liability for company debts or even criminal sanctions in the worst of cases. Read more

Company Law Case Summary: Mike Pero Mortgages Limited v Mike Pero [2016] NZHC 3185 per Katz J

Tuesday, July 18, 2017

Background Read more

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

Recent Posts


Intellectual Property Re Estate of Campbell Claims against estates Personal Employment Litigation KiwiSaver Fair share Health and Safety Reform Bill Interpretation Act 1999 Section 29 Contract and Commercial Law Act 2017 Interpretation of documents Unfair contract terms Ilott v Mitson 2017 UKSC 17 Immigration Seperation Validity of Wills Protector Broadbent v Ministry of Social Development Limitation Act 1950 Personal Properties and Securities Act 1999 Privacy Act 1993 Section 182 Family Proceedings Act 1980 Resident Visa Subsidies Testamentary capacity Consumer credit contracts Wills Mortgagor Anti-money laundering (AML) Wilson v Donnellan Skilled migrant Lump sum Pattern of offending Part payment Trust Check Up Landlord Executors duty Reckless Trading Shareholders' Agreement Financial products Gifting Economic disadvantage Property Division of Functions Temper Credit Contracts and Consumer Finance Act 2003 (CCCFA) Commercial Property Charity Lease Company Law Twelve years Will Recovery of money Erceg v Erceg Trusts Bill SN v MN [2017] NZCA 289 Acknowledgment Wills Act 2007 Section 8 Undue influence Frustration Beneficiary Rights Changes Protection Order Gifts Business Albany Office Income Relationship Property Murrell v Hamilton Vessel survey Civil union Repayment Trust busting Sale of Goods Marriage Ministry of Social Development Tenant Interest Clayton case Document Disclosure Commercial Rest Home Subsidies Asset Protection Case Study Mortgagee Duress Limitation period Elder Law Partner of resident Body Corporate Limitation defence Contract Law Compensation Hawkes Bay Trustee Company Limited v Judd Residential De facto Wills Act 2007 Section 11 Partnership based work visa Wills Act 2007 Section 14 Blackwell v Hollings Will that do Creating Trusts Interpretation Act 1999 Due Diligence Testamentary freedom Limitation Act 2010 Financial Markets Conduct Act 2013 (FMCA) Valid wills Estate Administration Insurance Living standards Section 15 Ship Work and Income Family Trusts Tenants Zero Hour Contracts Wills Act 2007 Tamarapa v Byerley SMC WINZ Lease Titles Six years Invalid wills Trustee Duties Terms of Trade Expression of interest Principal Directors' Duties White v White Mortgage Abuse Vessel surveyor Skilled migrant points Break up Vessel Sale and Purchase Re Estate of Feron Financial Advisers Act 2008 Domestic Violence Act 1995 Maritime Law Trust Confidentiality Visa application Constructive trusts Resident Charity begins at home Financial services Financial services provider (FSP) Trusts Violence Grey Power Section 15A Eviction Deceased's wishes Psychological abuse Ministry Loss of income Fair Trading Act 1986 Family Protection Act 1955 Legislation update Character requirements Lankow v Rose Administrators duty Amundson v Raos Physical abuse Offending Verbal abuse ''Best Endeavours'' Immigration New Zealand Auckland Office Property (Relationships) Act 1976 Testamentary Promises Companies Act 1993 Charities Acknowledgment of Debt Testamentary writing Domestic violence Commercial Law