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Anyone who has had any experience with an Agreement for Sale and Purchase of Real Estate will have noticed the different ways that property can be owned in New Zealand. The most common ways of owning property include freehold, cross lease and unit title, the latter of which can be either stratum in...
This is the second article on the new Trusts Act 2019 with the first article having appeared in the Winter edition of this newsletter. The Trusts Act 2019 (“the Act”) sets out various provisions relating to the disclosure of information to beneficiaries. The Act largely reflects a 2017 decis...
What qualifies as a relationship? A case recently decided by the High Court under the Property (Relationships) Act 1976 (“the Act”) was one where the Judge had to make the decision as to whether the Court has jurisdiction to determine relationship property rights of three people in a polyamorou...
Due Diligence and Restraints of Trade If you are considering selling your business, there are a number of key things you need to think about to avoid post sale problems. Two, in particular, are the due diligence process and any restraint of trade. Due Diligence ...
Seeking to update the terms by way of variationArrangements regarding leases have been a hot topic with the recent business disruptions due to COVID19 and have highlighted that not every Deed of Lease is the same. A Deed of Lease can be in place for a long time with renewals and variations exte...
A Calderbank offer, otherwise known as a “Without Prejudice Save as to Costs” offer, is a tactic that can be used to settle a dispute for a lower amount and avoid going to a court trial. This tactic is named after a case from 1975 in the English Court of Appeal. A Calderbank offer is an off...
We are a mid-size, full service, south Auckland law firm with offices in Papakura, Manukau, and Pukekohe. We pride ourselves on being approachable, experienced, cost-effective and result driven.Our firm has over 70 years of experience and we value the longevity of our staff and team culture.Please s...
In 2019, I wrote an article headed “Obligations when making a Will”. In particular, I focussed on the provisions of the Family Protection Act (“the Act”) – who could claim, the evidence required from the claimant and the criteria that the Court had to consider. Two recent cases are referen...
Who would have guessed, at the beginning of 2020, what a year we would have to face with the upheaval of Covid-19 and the economic consequences that have followed. A second wave of Covid-19 and further lockdowns have not helped. For us, Level 4 restrictions made it next to impossible to undertake m...
The Harmful Digital Communications Act 2015 (HDCA) has been in force for several years, but in our experience most people remain largely unaware of its purpose and provisions. The HDCA criminalises the worst forms of digital bullying and harassment and also provides a relatively fast and inexpensiv...