Articles

The Construction Contracts Amendment Act 2015

Wednesday, February 15, 2017

The Construction Contracts Amendment Act 2015 is implementing a number of updates to the Construction Contracts Act 2002 ("the CCA").  The amendments are coming into force progressively between 1 December 2015 and 31 March 2017. Read more

The New Health and Safety at Work Act

Thursday, February 02, 2017

Commenced on 4 April 2016, the new Health and Safety at Work Act ("the Act") replaced the Health and Safety in Employment Act 1992 which overhauled the way businesses and organisations must implement their health and safety policies.  The HSWA also put in place a new statutory regime to enforce compliance obligations. Read more

Auckland's Unitary Plan - In a Nutshell

Tuesday, October 18, 2016

You may have heard the term 'Auckland Unitary Plan' bantered about - if you live in Auckland or plan to, this document will have an impact on your life; whether it be job creation and development, how affordable your home is, and even who your neighbours may be, take a few moments and familiarise yourself with it (access here: Auckland Unitary Plan) or, given it is 7,000 pages, read on for a brief overview... Read more

Zero Hour Contracts

Saturday, January 02, 2016

Issues on the “Zero Hour Contracts” for employees have been topical in the lead up to the Employment Standards Legislation Bill (“the Bill”), which is due to be passed on 1 April 2016.  Read more

Family Trusts May Have to Get an IRD Number Even if the Trust Earns No Income

Matthew Tetley-Jones

Tuesday, July 14, 2015

Family Trusts May Have to Get an IRD Number Even if the Trust Earns No Income Read more

Need a Will? (Yes You Do!)

Brandon Cullen

Wednesday, September 10, 2014

It is the old adage, nothing is certain in life except death and taxes. Death, however, often comes as a shock, not so much to the person who actually dies but to the family left behind to try and sort out the “estate” and what the deceased really wanted to happen with her antique dolls-house collection …  Read more

The Health and Safety Reform Bill

James Turner

Tuesday, September 09, 2014

The enactment of the Health and Safety Reform Bill is expected to occur in April 2015. Significant changes to the workplace health and safety framework will require preparation now to ensure compliance.  Read more

What is a Statutory Demand and When Should I Use It?

Friday, September 05, 2014
  1. What do you do when you are chasing a company for a debt and despite your requests, pleas, calls and curses, the company is failing or refusing to pay?  The statutory demand process may be suitable in such circumstances.

  2. A statutory demand is a Court document and is used to initiate Court proceedings to forcibly "wind up" an insolvent company where a debt is due for the sum of $1,000.00 or more.  Statutory demands are not issued against individuals (the bankruptcy process is used instead).

  3. The service of a statutory demand requires the debtor company to take prompt action to pay or face liquidation.  The High Court has commented that a statutory demand should be issued by a solicitor to ensure that the process is only used in appropriate circumstances.  Where a statutory demand is used inappropriately, the High Court is likely to impose costs against the party issuing the demand, which can be significant.

  4. The statutory demand should not be used to place undue pressure on a debtor, and should only be issued where the debt is not subject to a genuine dispute by the debtor company.  Where it is apparent that there is a genuine dispute or potential dispute by the debtor company, the ordinary District Court or High Court claim procedure should be used to obtain judgment against the debtor company.

  5. Once served, the debtor company is required to take action within a short time frame.  If the debtor company fails to respond (pay or dispute) to the statutory demand within 15 working days after it is served, the debtor company is presumed to be unable to pay its debts (insolvent).  The creditor is then entitled to apply to the High Court to have the debtor company wound up (liquidated). The end result of the process is that a liquidator is appointed by the Court and tasked to collect the pool of assets owned by the debtor company and disburse them to all creditors.

  6. The statutory demand can be an effective and strong tool to prompt a tardy debtor company.  In some circumstances, however, it is preferable to consider alternative methods to recover the debt, for example, where it is better to compromise with the debtor to allow it to continue to trade and pay the full amount of the debt back.

  7.  Read more

Unit Titles Act 2010 : Is Your Licence Legal?

Thursday, July 17, 2014

Do you have an informal licence over a portion of common property located in a unit title development?  Have you ever wondered if that licence is compliant with the requirements of the Unit Titles Act 2010 ("the Act")?  Read more

Effective Trust Management and Asset Protection

Tuesday, July 15, 2014

"Trust busting" is the term given to an attempt made to penetrate a Trust structure and have assets held by the Trust declared by the Courts to be owned personally by an individual. The implication of Trust assets being found to be owned personally is that these assets then become part of an individual's net worth and are an available "property pool" to former spouses/partners or creditors with valid claims against the individual.  Read more

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