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We hope you will find our articles of value to you. We cover a wide range of useful and topical information on a regular basis.

  • Buying Goods Subject to Security

    March 2018

    The “ordinary course of business” exemption.When buying or leasing valuable goods it is important to check that they are not subject to a security interest. Otherwise, the secured party is able to use its security interest to call in the goods ...

  • Ratchet Clauses in Commercial Leases

    March 2018

    In commercial lease agreements, rent review clauses provide for how annual rent payable is determined.In addition to providing what the review is based on (i.e. either the Consumer Price Index (CPI) or market rent), many commercial leases provide that the rent ...

  • Changes Ahead

    March 2018

    Anti-money laundering & countering financing of terrorism.As anyone who has attempted to open a bank account or invested funds through an investment manager in recent years will attest, such activities are no longer the relatively straightforward exercise that they used to ...

  • 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 ...

  • Buying or Selling a Business

    December 2016

    We often receive executed Agreements for Sale and Purchase of a Business that parties have hurriedly entered into without taking legal advice and without fully understanding the implications of those binding contractual obligations. Thus it seemed prudent for us to discuss with you some “do’s” and “don’ts” in relation to the business sale and purchase process.

  • Commercial Leases

    September 2016

    What you need to know about repairs, maintenance and reinstatement.The July 2016 Supreme Court decision in Mobil Oil New Zealand Limited v Development Auckland Limited is a timely reminder for all landlords and tenants to consider their respective rights and obligations ...

  • Company Issues

    March 2016

    When a company is in financial difficulty, it might enter voluntary administration, receivership or liquidation. There are important differences between these processes, as outlined below. Voluntary Administration Under Part 15A of the Companies Act 1993 (‘the Act’), an administrator may be ...

  • Rights of Renewal in Leases

    December 2015

    Many tenants under commercial leases seek to negotiate a shorter initial term with rights to renew the lease in the future, rather than committing to a long-term lease at the outset. These rights are referred to as “rights of renewal”, and ...

  • Beware Of Repossession

    September 2015

    The risks when purchasing second-hand motor vehiclesWe often have enquiries regarding the purchase of second-hand motor vehicles and the possibility (and sometimes the reality) that the motor vehicle has been reported by a previous owner as having been stolen sometime previously.The ...

  • Unfair Contract Terms

    March 2015

    In our Winter 2014 Business Law Update we summarised the main changes to the consumer protection laws that are likely to affect businesses with effect from 17 March 2015. Of the various aspects of the new regime, one area that is ...

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