Articles

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

Section 131: Duty of Directors to Act in Good Faith and in Best Interests of Company

Wednesday, September 20, 2017
In accordance with Section 131 of the Companies Act 1993 ("Act"), directors have a duty to act in good faith and in what they genuinely believe to be the best interests of the company.  While it may be expected that directors should always behave in such a manner, and not place their personal interests ahead of the company's, various judgments have explored the extent of this duty and provided more information about the considerations director should take account of when exercising their powers.

The Duty
As noted in the decision of Sojourner v Robb1, the duty is one of loyalty and arises out of the fiduciary relationship that directors owe to the company from their position as its agents.  Additionally, although a director must act in good faith and in the best interests of the company on most occasions, Section 131 of the Act outlines that there are a few exceptions to this duty which allow a director to act otherwise, as follows: Read more

Domestic Violence Case Law Update:

Thursday, September 07, 2017

 SN v MN [2017] NZCA 289  Read more

Reduced Limitation Periods Have Significant Consequences for Mortgagees

Thursday, September 07, 2017

 Read more

''Best Endeavours'' or ''All Reasonable Endeavours''

Monday, August 28, 2017

What's the Difference? Read more

Need a Notary Public?

Tuesday, August 08, 2017

Tony Coupe, one of the partners in the firm, is a Notary Public and is available, on appointment, to provide notary services. Read more

Changes to Skilled Migrant Category Resident Visa Immigration Instructions Effective From 14 August 2017

Thursday, July 20, 2017

Significant changes to residence class visa instructions for Skilled Migrant Category ("SMC") will come into effect on 14 August 2017.  These changes were introduced by the Government in April 2017 in order to prioritise higher-paid and higher-skilled applicants.  The announced changes have no direct effect on any other visa categories.  Read more

Recent Posts


Tags

Living standards Blackwell v Hollings Limitation Act 1950 Trusts Bill ''Best Endeavours'' Sharing Property SMC Principal Beneficiary Rights Auckland Office Limitation Act 2010 Vessel surveyor Financial services provider (FSP) Relationship Property Commercial Law Clayton case Acknowledgment Wills Character requirements Tenant Civil union Mortgagee Economic disadvantage Dividing Property Case Study Rest Home Subsidies Medical Landlord Intellectual Property Changes Tenants Seperation Validity of Wills Unfair contract terms Matrimonial Home Lump sum Trustee Duties Hawkes Bay Trustee Company Limited v Judd Personal Properties and Securities Act 1999 Abuse Trust Check Up Terms of Trade Sale of Goods Family Home Broadbent v Ministry of Social Development Financial Markets Conduct Act 2013 (FMCA) Wills Act 2007 Pattern of offending Interest Executors duty Creating Trusts Contract and Commercial Law Act 2017 Personal 50/50 Split Privacy Act 1993 De facto Incapacity Partnership based work visa Duress Marriage Lease Titles Skilled migrant points Elder Law Trusts Deceased's wishes Fair share Erceg v Erceg Dismissal Vessel Sale and Purchase Family Trusts Charities WINZ Business Valid wills Repayment Commercial Interpretation Act 1999 Section 29 Partner of resident Six years Separate Property Interpretation of documents Health and Safety Reform Bill Testamentary capacity Trust Confidentiality Claims against estates Loss of income Murrell v Hamilton Subsidies Charity begins at home Gifting Trust busting Immigration Section 15A Ministry Employer Physical abuse Legislation update Constructive trusts Break up Property (Relationships) Act 1976 Estate Administration Companies Act 1993 Commercial Property Family Limitation defence KiwiSaver Casual employee Anti-money laundering (AML) Interpretation Act 1999 Recovery of money Acknowledgment of Debt Directors' Duties Violence Body Corporate Financial Advisers Act 2008 Limitation period Holiday pay Temper Wills Act 2007 Section 8 Immigration New Zealand Expression of interest Residential Contract Law Testamentary writing Verbal abuse Shareholders' Agreement Ministry of Social Development Zero Hour Contracts Family Court White v White Visa application Family Protection Act 1955 Part payment Amundson v Raos Reckless Trading Resident Compensation Ilott v Mitson 2017 UKSC 17 Offending Testamentary freedom Re Estate of Campbell Unequal Sharing Maritime Lien Wilson v Donnellan Twelve years Psychological abuse Resident Visa Re Estate of Feron Lankow v Rose Section 15 Protector Credit Contracts and Consumer Finance Act 2003 (CCCFA) Mortgagor Will that do Insurance Company Law Due Diligence Protection Order Financial services Testamentary Promises Will Charity Tamarapa v Byerley Consumer credit contracts Divorce Ship Wills Act 2007 Section 14 Division of Functions Administrators duty Document Disclosure Income Indoor Management Rule Vessel survey SN v MN [2017] NZCA 289 Mortgage Frustration Section 182 Family Proceedings Act 1980 Undue influence Albany Office Invalid wills Maritime Law Asset Protection Splitting Up Domestic Violence Act 1995 Customary Authority Ship's Mortgage Employment Fair Trading Act 1986 Grey Power Termination Eviction Ship Registration Skilled migrant Lease Work and Income Wills Act 2007 Section 11 Gifts Financial products Domestic violence Litigation

Archive