Articles

 

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We publish a wide range of useful information on a regular basis.

  • Dying Without a Will

    December 2017

    The problems you leave for your family to deal withWhen a person passes away without a Will, the Administration Act 1969 (“the Act”) sets out how the Estate of the deceased will be distributed.Firstly, the family need to determine the value ...

  • The Exception to the Rule

    December 2017

    Equal sharing repugnant to justiceThe majority of our clients are already aware that where a marriage/de facto relationship of long duration comes to an end, relationship property is divided equally between the former spouses/partners. This “equal sharing rule” reflects key principles ...

  • Changes to the Construction Contracts Act

    December 2017

    A First DecisionThe Health and Safety at Work Act 2015 came into force in April 2017 bringing with it significantly increased penalties for breaches of health and safety duties. Now the first sentencing decision by the District Court under the Act ...

  • New Retentions Regime

    September 2017

    Better Protection for Sub-contractorsThe collapse of Mainzeal Property and Construction Limited (“Mainzeal”) was one of the more significant construction insolvencies in New Zealand. When Mainzeal collapsed, significant retention monies were due or potentially due to various subcontractors. However, Mainzeal did not ...

  • A Warning for Residential Landlords

    September 2017

    Is it a good idea?It is increasingly popular for buyers to enter into an “off-the-plan” agreement to buy a house or an apartment that is yet to be built. When signing an off-the-plan agreement, buyers are more interested in the end ...

  • P/Meth Testing

    September 2017

    An updateOur Autumn 2016 newsletter contained an article regarding the importance of having a property tested for P-contamination prior to purchase. We recommended, in that article, that prospective purchasers make Agreements for Sale and Purchase of a property conditional upon the ...

  • Purchasing a Residential Property

    September 2017

    It's a risky business Buying a property, be it your first home or a family bach, is a big decision. The right lawyer will make that decision a little bit easier. The agreement for sale and purchase of Real Estate is ...

  • Changes to Enduring Powers of Attorney

    June 2017

    Law changes have come into effect with respect to Enduring Powers of Attorney (“EPOA/s”) under the Protection of Personal and Property Rights Act. These new changes include: New forms and layout; New notes, information and option sections; Less restrictive requirements for mutual appointments ...

  • Penalty for breach of Confidential Settlement Agreement

    June 2017

    The Employment Court has recently imposed a penalty of $7,500 on Sky City Management Limited (“Sky City”) having found Sky City to have breached a confidential settlement agreement signed by a mediator in accordance with the provisions of the Employment Relations ...

  • Shifting Sands

    June 2017

    In the leading Property (Relationships) Act case of Clayton v Clayton the Court of Appeal (2015) & Supreme Court (2016) found that Mr Clayton’s powers under a Trust was relationship property, and this meant that Mrs Clayton had a relationship property ...

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