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“Bright-Line Test Extended to 5 Years”In the Autumn Edition of our Law Report, Toni van Doorn in her article titled “The Bright-Line test – A warning for property investors” warned that the new government is considering a Tax Bill to extend the “bright-line test” out to a five (5) year...
Yes, you can. But we will return to that later. Employment Agreements generally allow for Employees to resign at any point during their employment given that they provide the requisite period of notice provided for in the Employment Agreement. Generally, Employees will work out their notice period....
Every day, judges up and down the country sentence people on a wide variety of offences ranging from the trivial to the gravest of crimes. Most of these sentencing exercises pass unnoticed by all but the people directly involved, but from time to time, high-profile cases attract significant public c...
Family Trusts have been particularly significant since 1993. Anecdotally, it would seem that there are in excess of half a million Family Trusts in New Zealand currently. That is significantly more, per head of population, than for almost every other country. However, although Family Trusts are a go...
Whenever I ask clients when their de-facto relationship commenced, the response is often along the lines of “well we’ve been together for about four years, but we’ve only been living together for just over a year”. I often advise my clients that being in a de-facto relationship does not just...
What is a Back-up Agreement?When a property is being sold and there is a fully signed Agreement for Sale and Purchase already in place that remains conditional, a back-up Agreement can be entered into with a different purchaser. The back-up Agreement will be conditional upon the first Agreement not...
Historically, cross-leases were a popular form of dividing land for land owners. This is because owners could avoid certain subdivision restrictions and would gain similar results to a formal subdivision under the existing Act, but at a fraction of the price. However, since the Resource Management A...
A recent High Court case reiterates how vital it is to be thorough in a due diligence investigation and in making the right enquiries prior to committing yourself to any purchase.BackgroundThe Purchaser had entered into an Agreement for the purchase of a multi-tenanted commercial complex from the Ve...
In past years there have been some shocking cases (Quinn, Heppell, Taylor) of caregiver abuse and neglect by family members which led to jail sentences.Recent examplesA recent Court case of elder abuse is a reminder for those appointed in Enduring Powers of Attorney, whether for Property or for Care...
Commercial landlords and tenants should be conscious of the Court’s wide powers under the Property Law Act 2007 in ordering a renewal of a lease in circumstances where the Court thinks fit to create justice.BackgroundThe recent High Court case of Wendco (NZ) Ltd v LJCTB Trustees Ltd and CQB Truste...