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IntroductionWe 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...
The Child Support Scheme is managed by the Inland Revenue Department (“IRD”) and operates under the Child Support Act 1991 (“the Act”).Child Support is financial support paid by parents who either do not live with their children or who share the care of their children with another person.The...
A shared driveway is something that can, completely unexpectedly, throw ostensibly polite neighbours into the throes of war. One such battle recently spilled from a Remuera driveway into the arena of the Auckland High Court. In that case, it emerged that the right of way registered on the title was...
Too often clients think of themselves and their Family Trust as being interchangeable – they are not. The Family Trust is a separate legal entity operated by the trustees. The trustees in turn have legal obligations towards all beneficiaries named in the Trust.In a recent decision of the High Cour...
It is generally understood that by holding property such as a house in a Trust a spouse or de facto partner will be prevented from subsequently being able to bring a successful claim in respect of that property in the event of separation. This is on the basis that the property concerned is not owned...
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. Howe...
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 relating to repairs, maintena...
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 appo...
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 allow the tenant some flexibility by giving them the rig...
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 situation referr...