Leasing commercial premises
Commercial leases come in varying shapes and sizes. Whether you operate a transport business and need a place to park your trucks...>
Residential tenancies
The Residential Tenancies Amendment Act 2019 came into force on 27 August 2019. This legislation affects both landlords and tenants...>
Property Briefs
Frequent buying and selling of property tax rules under review, Buyers must take care when cancelling an agreement, First home buyer scheme changes...>
Remaining en-garde - your fencing rights
Whether you are looking at putting up a new boundary fence, repairing an existing one or have concerns about what your neighbour plans to do with an existing fence, the Fencing Act 1978 (Act) may be able to step in ...>
Raising the Roof on Construction Contracts
The Act creates a payment regime focused on regular and timely payments allowing for steady cashflow between parties. ...>
Winding up of a Trust
Most Trusts are established to run for a period of 80 years, but provide for the trustees with the ability to wind up the Trust earlier...>
What's mine is yours?
The Law Commission's final recommendations for changes to the Property (Relationships) Act 1976.
Trusts Act 2019
The new Trusts Act 2019 will come into effect on 30 January 2021. Much of the Act updates or restates law that exists already, either in statute or in case law. There are, however, a number of changes about which trustees and settlors should be aware.
Grandparent wills
Grandparents often want to give some financial assistance to their grandchildren and great-grandchildren. There can be a number of good reasons for making specific provision for grandchildren in your will or through a family trust.
Residential care subsidy thresholds
Increasing numbers of elderly New Zealanders are going into residential care and seeking the government’s residential care subsidy.
Employing people with a past
Employing staff is never a simple process. Finding people with the right skills and personality to fit into your team can be challenging.
Restraint of trade clauses
Restraint of trade clauses are common in the sale and purchase of a business and in some employment agreements.
Business Briefs
Eminem - importance of IP indemnities in agreements / Mainzeal directors' appeal denied / Federated Farmers wants tougher labelling on plant-based products / New regulations impose licensing regime for insolvency practitioners.
Are family trusts still relevant today?
There has been a great deal of discussion recently as to whether or not family trusts are still relevant in today's legal climate.
Emissions Trading Scheme
New Zealand’s Emissions Trading Scheme (ETS) was established by the Climate Change Response Act 2002. The ETS was created as the vehicle for New Zealand to meet its obligations for the reduction of greenhouse gas (GHG) emissions under the Kyoto Protocol.
Components of effective governance
The damage from governance failure can be profound, and can attract significant unwelcome media and public scrutiny. Focusing on the learnings from these cases is how we can get some real benefit and continuous improvement in corporate governance.
The executor of your will
Having an executor of your will is like having a manager of your affairs (your estate) after your death. Your executor is named in your will; it is his or her role to carry out the terms of your will.
The importance of good recordkeeping
There are plenty of war stories about recordkeeping blunders. Think of offices crammed with paper, ‘lost’ documents, fireplace filing systems and online voids.
Fineprint: Postscript
Companies Office helping amalgamation customers ‘get it right first time’, Tax Working Group – capital gains tax scrubbed, Claiming legitimate business expenses
The secret lives of tenants
Following publicity in 2018 that some property managers were using the ‘KFC test’ to vet prospective tenants, landlords’ protection of their tenants’ privacy has come under scrutiny by the Privacy Commissioner.
Subdivisions
Subdivisions are more common than you think. A subdivision can range from the carving up of hundreds of acres of rural land for housing, developing land in a prime commercial area, selling half your quarter-acre section or simply wanting to extend your boundary a few metres.
Property Briefs
Building report conditions and AML one year on
Employees as Minority Shareholders
You have identified an employee who plays an important role in your business. You want to reward their efforts and offer an incentive that keeps them invested in growth of... >
Leaf my property alone!
Did you know, as an owner or occupier of land, you are not responsible for damage to your neighbour's land caused by "natural agencies".
The Wellbeing Budget 2019
The wider economy was looked after with increases in funding to KiwiRail, the establishment of a new venture capital fund, investment in science and research, and so on
PPSR lease losses
When the PPSR was established in 1999, most businesses were quick to catch on that it was a good idea to register security over goods that were sold under a line of credit. What wasn’t so easily recognised is that the register was designed to also capture leases of goods that are indefinite or extend past one year.
Business Briefs
Directors have personal liability for company debt in liquidation / Electronic signatures – uses and risks / The Tax Working Group: recommendations coming soon
Reasonable pay for employees
In 2016, a series of legislative changes were introduced to protect employees, largely in response to "zero-hour" contracts.
Owed money?
If you or your company is owed money by another company, and that company fails or refuses to pay the debt, one option available to you might be to serve a statutory demand on the debtor under section 289 of the Companies Act 1993.
Property sale and purchase
It’s essential that the sale and purchase agreement contains the correct wording, particulars and information in respect of the GST position of the parties to the agreement.
Looking for your first home?
The purchase of your first home may be more in reach than you think.
Property Briefs
Unit Titles Act 2010: are you complying? Healthy Homes Standards: what you need to know, Damage to your rental: who foots the bill?
Family Violence Leave
From 1 April 2019, employees who are affected by family violence may request 10 days of paid leave each year, and a short-term variation of their working arrangements for up to two months at a time.
Employment Law Changes from 6 May
As of 6 May 2019, several changes to New Zealand employment law have come into effect.
Wiping the slate clean
The Clean Slate Act or clean slate scheme, became law almost 15 years ago. The rationale behind the legislation was to enable people who had certain convictions to put their past behind them...
Property (Relationships) Act 1976 changes
The law governing the division of property when a relationship ends is, after more than 40 years, set to change following the Law Commission’s comprehensive review...