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

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

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