Articles

Boat Purchase 101 - Legal Due Diligence

Friday, March 09, 2018

In the third article in this series we focus briefly on the second limb of due diligence that should be considered when purchasing a vessel namely, legal due diligence. Read more

Thinking of Buying a Commercial Property?

Friday, January 19, 2018

Consider these five tips before entering into an agreement. Read more

Boat Purchase 101 - Technical Due Diligence

Thursday, January 18, 2018

Buying a boat (or any major asset for that matter) without undertaking due diligence is exactly like reality shows where the participants either get married or go on blind dates with someone they have never met before.  Sometimes things pan out and we are stoked for them, but more often than not we sit glued to the television waiting for the inevitable train-wreck to unfold.  Read more

Boat Purchase 101 - Some Things You Should Consider (Seriously, You Really Should!)

Wednesday, December 13, 2017

In this series of short basic articles we'll be highlighting some areas that should be on the forefront of a purchaser's mind when purchasing a boat/ship/yacht/vessel to avoid turning something that should be an exciting exercise, into a frustrating nightmare.  Read more

Dishonesty in Visa Application Process

Tuesday, October 17, 2017

Every New Zealand Visa Application has a set of prescribed criteria which the applicant has to meet in order to be eligible to apply under the specific category.  One of the general criteria is the applicant's character.  Applicants for all visas must be of good character and not pose a potential security risk to New Zealand1.  Read more

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

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

The New Draft Trusts Bill and its Suggested Disclosure Rules - How Could This Affect You?

Thursday, March 16, 2017

A new Trusts Bill has recently been released for public consultation.  This bill updates and changes various aspects of trust law.  One interesting proposed change is the rights beneficiaries have to trust information.  The most recent judicial case involving beneficiaries and trust information is Erceg v Erceg [2017] NZSC 28.  The Supreme Court did not find that there was a presumption for or against disclosure of trust documents, but that there is an "expectation that basic trust information will be disclosed to a close beneficiary who wants it".  The Supreme Court's analysis did differ from the lower Courts.  The Supreme Court listed certain factors to take into consideration when courts receive a request for disclosure.  They are: Read more

Are You Entitled To Value From Your (Soon-to-Be) Ex-Spouse's or Ex-Partner's Trust?

Monday, March 13, 2017

What happens if your relationship ends and your spouse/partner has previously settled property in a trust?  If the trust is valid, and there have been no dispositions to which the Property (Relationships) Act 1976 applies, there are two ways you may make a claim against that property. Read more

Recent Posts


Tags

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

Archive