Articles

Property

Beware the Covid-19 Settlement Date Deferral Clause

Many locked down in Auckland are probably daydreaming about selling their Auckland home and permanently relocating to another region. If you have taken that leap, before signing any agreement for sale and purchase make sure your settlement dates and any Covid-19 deferral settlement date clauses are carefully reviewed by your lawyer first.
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Employment Relations Authority Decision – Dismissal for Refusing Vaccine - Justified

The Employment Relations Authority ("Authority") have issued the first decision in relation to an employee being dismissed for refusing to be vaccinated against Covid-19 (GF v New Zealand Customs Service [2021] NZERA 382).
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Are You Sure You Want To Give That Warranty?

When you are selling a property it is common to list the 'Chattels' which you are to be selling with the building. Chattels are items which are able to be removed from a property without too much effort, and which were never intended to permanently form part of the structure. Common examples are an oven, paintings or a fridge. Occasionally they can be large eg a spa pool or garden shed. If it can fit on a truck, it may well be a chattel.
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Brougham v Regan - The Requirements for a Valid Contract of Guarantee

On 30 October 2020 the Supreme Court delivered a landmark judgment in the context of contracts of guarantee in the case of Brougham v Regan [2020] NZSC 118. A summary of the key facts of the matter and important points in the Court's decision follow.
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Amendments to the Residential Tenancies Act 1986

Vast changes to the Residential Tenancies Act, what landlords need to know of their rights and obligations to tenants. With the increasing number of New Zealanders renting, Parliament has seen it fit to make changes to the Residential Tenancies Act 1986 ("the Act") to ensure renters are occupying warm, dry and liveable properties. The reformed Act looks to strike a balance between providing security and stability to tenants, while protecting landlord interest. It is important that landlords have an understanding of the new obligations and responsibilities the amended legislation imposes upon them, along with the penalties they may incur if not followed.
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Leasing in a Post-Pandemic World

A New Normal - The impacts of the Covid-19 virus have been felt the world over and have pushed businesses to their limits. Parties on each side of a lease have been left with the job of negotiating through untested and uncertain lease clauses in a time where the support being offered by Government has been unclear and anyone who did hold insurance is discovering that 'pandemics' and 'infectious diseases' are a common policy exemption.
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How do Bodies Corporate Operate in Response to Covid-19?

Under Section 89 of the Unit Titles Act 2010 (“the Act”) bodies corporate are required to hold an annual general meeting ("AGM") within 15 months of the last AGM. An extraordinary general meeting ("EGM") is required to be held when requested by more than 25% of unit owners or when necessary business is required to be completed under Section 89A of the Act. Current Covid-19 restrictions will limit bodies corporate from convening physical meetings of owners consistent with obligations under the Health and Safety at Work Act 2015 which requires bodies corporate to take all practicable steps to ensure the health and safety of any person attending body corporate meetings.
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Leases in the Time of Covid-19

We have been fielding an unprecedented (but understandable) number of queries from both tenant and landlord clients wanting to understand the legal position in respect of either termination of commercial leases, and obligations in respect of rental/outgoings payments.
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Update on recent amendments of the Real Estate Agents Act 2008 and recent decision of the Real Estate Agents Disciplinary Tribunal

Real estate agents or salespersons seeking to challenge a Complaints Assessments Committee's finding of unsatisfactory conduct need now to be aware of a shortened appeal period.
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Updated KiwiSaver Article for Generation Y

KiwiSaver has almost two million members. As at 1 May 2012, approximately 340,000 of those members were aged between 25 and 34. One of the advantages of KiwiSaver for this age group and others who are in the first home market is the schemes to assist first home buyers. Members can apply for a first-home deposit subsidy of up to $5,000.00 and can withdraw all or part of their savings to put towards their deposit.
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