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Is your tree protected? [Dec 2011]
Further to the 2009 simplifying and streamlining amendments to the Resource Management Act, general tree protection rules in district plans are revoked from 1 January 2012. Trees in non-urban areas that are scheduled or otherwise specifically identified in a district plan however retain their protected status. The following plan changes are currently open for submissions and we recommend you check to see whether any of the trees identified will affect you.
Posted on Dec 15, 2011
By: Simon Bridges | Views: 159
Bodies Corporate - 2011 overview and service contracts [Dec 2011]
We are nearly at the end of an eventful year in unit titles and body corporate matters. It has been six months since the repeal of the Unit Titles Act 1972 and the commencement of the Unit Titles Regulations 2011. Like us, you have had to get to on top of the new regime, new terminology and new processes. But, the transitional process is not yet done .
Posted on Dec 16, 2011
By: Vicki Toan | Views: 197
Dealing with Maori tracks [December 2011]
There is no research covering this otherwise trite but specialised topic on Maori tracks. However, Maori tracks criss-crossed the country even before the European settlers reached these shores.
Posted on Nov 25, 2011
By: Joel Fotu | Views: 160
Body Corporates: First AGMs and Operational Rules [October 2011]
The Unit Titles Act 2010 has now been in force for little over four months and existing bodies corporate are in the midst of holding their first annual general meetings before the deadline of 20 December 2011. So, apart from dealing with new issues such as electing a body corporate chairperson, what other transitional issues are bodies corporate facing?
Posted on Oct 26, 2011
By: Vicki Toan | Views: 447
Protecting your assets from a relationship break up [October 2011]
As most people are now aware, if you’re married, in a civil union or you’ve been living with someone for three years or more and you separate, then the presumption is that all relationship assets will be divided 50/50. In some cases, this law can apply sooner, for example if you have a child together.
Posted on Oct 19, 2011
By: Fiona McGeorge | Views: 302
Protecting your intellectual property from trading risks [October 2011]
When a business becomes insolvent and is subsequently liquidated, the assets of the entity are seized and sold with a view to paying creditors. Intellectual property assets are no exception and assets of this type such as domain names, trademarks and copyrights as well as concepts relating to branding are often lost in the process as well
Posted on Oct 10, 2011
By: Tom Arieli | Views: 273
Crimes Amendment Bill No 2 - Protection of children [October 2011]
The Crimes Amendment Bill (no. 2) (the 'Bill') was introduced to Parliament by the Minister of Justice on 12 April 2011. Among other issues contained in the Bill, one of the major areas of proposed change relates to the protection of children. The Bill seeks to significantly alter the current legislation as it pertains to child abuse and imposes greater expectations on adults who are in contact with children and vulnerable adults alike.
Posted on Oct 10, 2011
By: Vonja Young or Fiona McGeorge | Views: 271
Farewell gift duty, but…......[October 2011]
There has been a variety of commentary on the end of gift duty, much of which has concluded that one size does not fit all and that one's approach to gifting needs to have regard to one's own particular circumstances at the time
Posted on
By: | Views: 286
Auction and Tender Forms - Key Features [Sept 2011]
In this article Tim Jones identifies some of the key features and changes of the new Auction and the Tender forms. There are certain common features between these two forms but there are significant differences. Also there are differences between the current editions of these forms and the previous ones.
Posted on
By: Tim Jones | Views: 553
Real Estate Agents: Complaints and Discipline Process [Sept 2011]
A new process for dealing with complaints was introduced through the Real Estate Agents Act 2008, which came into force on 17 November 2009. It is a process which greatly increased financial penalties able to be imposed on agents, and it has attracted a flood of complaints.
Posted on Sep 07, 2011
By: Tim Rea | Views: 478
Bodies Corporate: Who is responsible for what? [August 2011]
Building maintenance and repair is one of the most contentious issues in unit title developments. Arguments about who is responsible for what – and therefore who pays for what – can lead to disputes between bodies corporate and owners and also delays that can increase damage and costs for all .
Posted on Aug 19, 2011
By: Vicki Toan | Views: 707
Introducing the Body Corporate Chairperson [July 2011]
The body corporate chairperson is a new character under the Unit Titles Act 2010. The role is administrative - the list of duties in regulation 11 of the Unit Titles Regulations 2011 largely mirroring the traditional duties of the body corporate secretary – and some bodies corporate may be asking "do we have to have a chairperson?"
Posted on Jul 29, 2011
By: Vicki Toan | Views: 683
Unit Title Act 2010 affects all property in New Zealand [June 2011]
If you are an owner of a unit title property or thinking of buying a unit title property, then the 20th of June 2011 was an extremely important day for you. On that day the new Unit Titles Act 2010 and the Regulations 2011 came into force.
Posted on Jun 22, 2011
By: Tim Jones | Views: 1177
Glaister Ennor Graduate Art Awards 2011 [June 2011]
Lucy Hughes (Elam) is the 2011 winner of the Glaister Ennor Graduate Art Awards. The winners were announced at a presentation at Oedipus Rex Gallery on 15th June. Lucy's winning entry.
Posted on Jun 22, 2011
By: | Views: 878
Employment Agreements - reminder of new obligations [June 2011]
New rules coming into force next month mean all employers must keep copies of employment contracts or potentially face hefty fines
Posted on Jun 22, 2011
By: Brett Vautier | Views: 613
Changes to easements under the Unit Titles Act 2010 [June 2011]
Incorporeal Hereditaments : Easements As They Are Created Under the Unit Titles Act 1972, the changes introduced under the new Unit Titles Act 2010, and the problems and issues relating to an access lot affecting a unit title development
Posted on Jun 21, 2011
By: Joel Fotu | Views: 852
Repeal of gift duty [April 2010]
The Government announced on 1 November last year that gift duty is to be abolished. This decision has particular relevance for those with trusts or looking to set up a trust.
Posted on Mar 09, 2011
By: Gaynor McLean | Views: 950
Update on the Unit Titles Act 2010 [April 2010]
With approximately 8 weeks to go until the Unit Titles Act 2010 comes into force, the question “are you ready?” is of even more immediate concern to body corporate secretaries and owners of unit title property.
Posted on Apr 06, 2011
By: Vicki Toan | Views: 1155
Insurance reform [March 2011]
We have never been more aware since the Christchurch earthquake of the importance of the terms and conditions of insurance contracts to consumers and businesses. The Insurance (Prudential Supervision) Act 2010 is intended to recognise that importance and to ensure as far as legislation can, that parties are safeguarded from the possibility of being deprived of insurance cover through a lack of understanding of their own terms and conditions
Posted on Mar 23, 2011
By: Tom Arieli | Views: 938
Earn out provisions: bridging gaps in value perceptions [March 2011]
Earn-out provisions provide a solution to bridging the gap in conflicting value perceptions of vendors and purchasers of businesses. However, earn-outs are not without risk and the functional aspects of an earn-out provision must be carefully considered in each case.
Posted on Mar 23, 2011
By: Tom Arieli | Views: 1006
Spotlight on finance conditions [March 2011]
A recent High Court decision highlights the perils of poorly drafted finance conditions in commercial contracts and demonstrates the importance of managing funding risk in the current credit environment
Posted on Mar 23, 2011
By: Tom Arieli | Views: 867
Implications of the Christchurch earthquake (updated) [March 2010]
This article is a revision of the article written in September following the 4th of September earthquake and it saddens me that we are revisiting the issue following the tragic events of the 22nd of February. While our heartfelt sorrow and condolences to all those who have lost family or friends in the tragic events that occurred that day, there are some implications both of a social and a legal nature relating to the property ownership, leasing and letting of property in the region and there are significant implications on the real estate industry.
Posted on Mar 16, 2011
By: Tim Jones | Views: 1123
Companies Act update - responding to an electronic world [February 2011]
Amendments to the voting and notices procedures set out in the Companies Act 1993 will promote the utilisation of technology by companies and their shareholders to increase shareholder participation and reduce costs for companies
Posted on Feb 24, 2011
By: Tom Arieli | Views: 985
Insurance - what changes will the Unit Titles Act 2010 bring? [March 2011]
Following last month’s earthquake in Christchurch, we thought it timely to consider how insurance is dealt with under the Unit Titles Act 1972 and any changes the Unit Titles Act 2010 will bring to the existing regime.
Posted on Mar 14, 2011
By: Vicki Toan | Views: 1251
Update on the Unit Titles Act 2010 [February 2011]
With the Act due to come into force in June 2011 (hopefully), planning for the transition from the 1972 Act to the 2010 Act is no doubt underway for body corporates and body corporate secretaries. Some of the changes brought in by the 2010 Act will have immediate effect, so now is the time to review existing arrangements and consider whether professional advice is required from lawyers, accountants, valuers or building maintenance experts. It is also time to consider whether your body corporate would benefit from adopting any of the “15 month” transitional provisions ahead of time.
Posted on Feb 14, 2011
By: Vicki Toan | Views: 1246
Receivership, Liquidation and Voluntary Administration - what are they? [February 2011]
Many creditors and investors in New Zealand businesses have unforunately become familiar with the terms 'receivership' and 'liquidation' in the last year or so. The announcement that Whitcoulls has gone into 'voluntary administration' has introduced for many a new term for describing a business in jeopardy. Receiverships, liquidation and voluntary administration each represent a business in strife and generally unable to pay its creditors in the ordinary course of business but what are they?
Posted on Feb 24, 2011
By: Tom Arieli | Views: 1306
Slashing red tape - proposed changes to the Takeovers Regime [February 2011]
The application of the Takeovers Code by the Takeovers Panel has been a source of frustration for many closely-held companies who have been unnecessarily caught by the Code. The Regulatory Reform Bill 2010 seeks to remedy this by setting clear and pragmatic thresholds for the application of the Code
Posted on Feb 24, 2011
By: Tom Arieli | Views: 780
Endeavour obligations - what do they mean? [February 2011]
Endeavour obligations are regularly used in commercial contracts, but the actual meaning of expressions such as ‘best endeavours’ and ‘reasonable endeavours’ is not entirely clear. As a recent UK decision demonstrates, failure to flesh out endeavour clauses with specific obligations can be hazardous.
Posted on Feb 03, 2011
By: Tom Arieli | Views: 1061
New GST zero rating rules for commercial land transactions [February 2011]
As from 1 April 2011 no GST will be payable on commercial land transactions where both parties are GST registered, subject to certain rules
Posted on Feb 03, 2011
By: Tom Arieli | Views: 1810
Lessons for Company Directors [February 2011]
Directors of companies face increasing pressures in financially difficult times, as creditors and shareholders of failed companies look to hold someone accountable for losses. The recent High Court decision concerning one of the directors of the Bridgecorp group delivers some strong messages for non-executive directors in particular.
Posted on Feb 03, 2011
By: Tom Arieli | Views: 898
Buying property at the beach - don’t drop your guard [January 2011]
Many people on holiday will have a look around for property and may be seduced into buying a section or a beach property because “there has never been a better time to buy”. Whilst I do not disagree that many beach properties have reduced in value, there are some extra due diligence checks you should undertake.
Posted on Jan 22, 2011
By: Tim Jones | Views: 847
LAQC regime set for an overhaul [December 2010]
In the May 2010 budget, the Government signalled a revamp of the qualifying company (QC) regime. Draft legislation has now been released and is expected to come into force on 1 April 2011.
Posted on Dec 16, 2010
By: Tom Arieli | Views: 1119
Two new factors for the Overseas Investment Office to consider [Deccember 2010]
The Government has issued a new directive letter to the Overseas Investment Office which sets out the changes to regulations announced in September. The main intent is to address concerns around large scale overseas ownership of farmland and vertically integrated primary production companies.
Posted on Dec 16, 2010
By: Tom Arieli | Views: 1252
Abolition of gift duty set to erode personal guarantees [December 2010]
From the perspective of suppliers of goods and services on credit who often rely on the personal guarantees of individuals, the abolition of gift duty on 1 October 2011 will diminishh the value of those personal guarantees.
Posted on Dec 16, 2010
By: Tom Arieli | Views: 1134
Unit Titles Act 2010 - Fees Regulations Discussion Document [December 2010]
This article considers a discussion document on proposed dispute resolution fees regulations under the Unit Titles Act 2010 which is open for submissions until 21 January 2011 and the special resolutions process.
Posted on Dec 06, 2010
By: Vicki Toan | Views: 1568
Australia adopts a PPSA [December 2010]
Australia adopts a personal properties securities regime which comes into effect in May 2011. This will impact on all New Zealand suppliers of products to Australia
Posted on Dec 02, 2010
By: Tom Arieli | Views: 892
How secure are your trade secrets - really? [December 2010]
Information security is a key business risk. It has become increasingly difficult to keep private data confidential. A key area of that risk relates to departing or disgruntled employees and the widespread tendency to allow all employees access to most, if not all information held electronically within our businesses.
Posted on Dec 02, 2010
By: Tom Arieli | Views: 761
Insurance, insurance, insurance [November]
Those who own homes and those who are about to own homes should consider the Christchurch earthquake a “wake up call” when considering home insurance. There are many different issues around insurance for homeowners that I thought should be explored. Whether you own an existing home or you are about to buy a home building insurance is a hugely important feature that is often taken for granted and left to the last minute.
Posted on Nov 10, 2010
By: Tim Jones | Views: 1308
Employment Update - Key Changes [November 2010]
The Government has announced various proposed changes to the Employment Relations Act and the Holidays Act which are mostly expected to come into force as from 1 April 2011. These are the key areas likely to be of relevance.
Posted on Nov 10, 2010
By: Brett Vautier | Views: 847
Environmental Protection Authority Bill [November 2010]
The Minister for the Environment, Dr Nick Smith, introduced a bill to create a new Environmental Protection Authority (“EPA”) on the16 November 2010. The Minister said that New Zealand needs an effective EPA to provide efficient national level regulation of environmental issues.
Posted on Nov 17, 2010
By: Vicki Toan | Views: 892
Unit Titles Act 2010 - dispute resolution [November 2010]
The 2010 Act looks to take some of the expense and delay out of resolving disputes between and amongst unit owners and bodies corporate. It provides a three tiered approach depending on the subject matter of the dispute. Disputes may be heard by the Tenancy Tribunal, District Court, or the High Court.
Posted on Nov 08, 2010
By: Vicki Toan | Views: 1543
Unit Titles Act 2010 - rights and responsibilities [October 2010]
This issue focuses on the rights and responsibilities of owners of principal units, as distinct from the powers and duties of Body Corporates, which are new to the statutory unit titles regimes in the 2010 Act.
Posted on Oct 20, 2010
By: Vicki Toan | Views: 1623
Planning and urban infrastructure reform [October 2010]
The Environment Minister Dr Nick Smith has announced that New Zealand needs to revamp its urban and infrastructure planning systems to make New Zealand’s cities better places to live, work and visit.
The Minister launched a discussion document for consultation which looks at how the Resource Management Act 1991 might be amended to achieve better outcomes in urban/built environments – without compromising on the environmental integrity of those environments.
Posted on Oct 13, 2010
By: Vicki Toan | Views: 1445
Apartment renovation within a body corporate [October 2010]
What do you have to do if you want to substantially renovate your apartment? Who do you need to inform and whose consent do you need?
Posted on Oct 11, 2010
By: Tim Jones | Views: 1640
Implications of the Christchurch earthquake for real estate agents [September 2010]
The implications of this earthquake on the real estate market and the real estate industry in the Canterbury region is a matter of some concern. Whilst it has significant social and economic implications for those in the region, it also has financial and legal implications for those who own, lease or let property in the area. This article considers what those particular implications might be. .
Posted on Sep 20, 2010
By: Tim Jones | Views: 1987
Unit Titles Act 2010 - Transitional Provisions [September 2010]
This issue considers sellers’ disclosure obligations on the sale of a unit title unit, service contracts and the applicable transitional arrangements.
Posted on Sep 08, 2010
By: Vicki Toan | Views: 2313
An Unclear Territory [Sept 2010]
Joel Fotu discusses the underlying issues relating to the use of an encumbrance instrument as a conveyancing device.
Posted on Sep 13, 2010
By: Joel Fotu | Views: 1879
Bodies Corporate - Transitional provisions - long term maintenance [Aug 2010]
Sections 220 and 221 of the Unit Titles Act 2010 list various sections of the 2010 Act that will not apply to existing bodies corporate until 15 months from the first day of the month following the date of commencement. Some sections in the 2010 Act may however apply before the end of the 15 month transitional period if the body corporate agrees, by special resolution, that those provisions should apply earlier. Two of the provisions which have a delayed commencement date under section 221 are sections 116 and 117 of the 2010 Act.
Posted on Aug 04, 2010
By: Vicki Toan | Views: 1360
Summary of submissions on regulations to support the Unit Titles Act 2010 [Aug 2010]
Public consultation on the Department of Building and Housing’s (“DBH’s”) Discussion paper on regulations to support the Unit Titles Act 2010 closed on 10 June 2010. A total of 73 submissions were received.
Posted on Aug 04, 2010
By: Vicki Toan | Views: 1166
Apartments - troublesome tenants [August 2010]
Posted on Aug 02, 2010
By: Tim Jones | Views: 1534
The law and practice relating to partition and subdivision of land [August 2010]
The presiding judge, Justice Ronald Young, has articulated the law and practice relating to ‘partition’ and ‘subdivision’ with such clarity and with authority that any future attempt by anyone to test the same situation in the Court would fail and perhaps be a futile exercise. However, lawyers with fertile imagination will always try where others fear to tread.
Posted on Aug 01, 2010
By: Joel Fotu | Views: 2155
Gazumpted? - the importance of registering documents [July 2010]
Posted on Jul 28, 2010
By: Joel Fotu | Views: 2269
A charge against the land [July 2010]
Posted on Jul 28, 2010
By: Joel Fotu | Views: 1841
Seller’s obligations and buyer’s expectations – The Supreme Court has its say! [June 2010]
Posted on Jun 02, 2010
By: Tim Jones | Views: 1353
How does the new Unit Titles Act 2010 affect you? [June 2010]
Posted on Jun 01, 2010
By: Liza Irvine | Views: 3566
Selling your home - is your house in order? [June 2010]
Posted on Jun 01, 2010
By: Simon Kember | Views: 1050
Changes to District Court rules [March 2010]
Posted on Mar 22, 2010
By: Brett Vautier | Views: 1030
Employment update [March 2010]
Posted on Mar 22, 2010
By: Brett Vautier | Views: 918
Trust beneficiaries’ rights to information [March 2010]
Posted on Mar 22, 2010
By: Simon Kember | Views: 1489
Building reports - some legal issues [March 2010]
Posted on Mar 22, 2010
By: Tim Jones | Views: 1085
Commercial leases - landlords’ remedies [March 2010]
Posted on Mar 15, 2010
By: Gaynor McLean | Views: 1718
Unit Titles Bill Update [February 2010]
Posted on Feb 24, 2010
By: Liza Irvine | Views: 1249
Draft 2010 Development Contributions Policy [March 2010]
Posted on Mar 03, 2010
By: Malcolm Maclean | Views: 1069
Third Auckland Council Bill before Parliament [Dec 2009]
Posted on Dec 11, 2009
By: Malcolm Maclean | Views: 982
Body Corporate Update [Dec 2009]
Posted on Dec 01, 2009
By: Liza Irvine | Views: 1260
Further provisions in the Unit Titles Bill [Oct 2009]
Posted on Oct 28, 2009
By: Louise Quinn | Views: 926
Commentary on Unit Titles Bill (Second Draft) [Sept 2009]
Posted on Sep 28, 2009
By: Liza Irvine | Views: 1224
Choosing between two forms of Sales and Purchase agreement [Aug 2009]
Posted on Aug 29, 2009
By: Tim Jones | Views: 1903
How do I deal with bad debtors? [Jul 2009]
Posted on Jul 30, 2009
By: Paul McKendrick | Views: 1340
Safeguarding your property purchase deposit [June 2009]
Posted on Jun 01, 2009
By: Tim Jones | Views: 1159
Building Act 2004 - implied warranties - further risks for investors? [Jun 2009]
Posted on Jun 01, 2009
By: Gaynor McLean | Views: 1225
Redundancy - following fair process [June 2009]
Posted on Jun 01, 2009
By: Brett Vautier | Views: 1108
Family Trusts and the Family Protection Act [Jun 2009]
Posted on Jun 01, 2009
By: Simon Kember | Views: 1148
Mortgagee sales - put your ducks in a row before you put pen to paper [Jun 2009]
Posted on Jun 01, 2009
By: Simon Kember | Views: 1163
How well do you know your body corporate rules? [June 2009]
Posted on Jul 01, 2009
By: Liza Irvine | Views: 1449
Leaky building pitfalls and time limitation [May 2009]
Posted on May 23, 2009
By: Tim Rea | Views: 1069
Unit Titles Bill - improving survey and title matters for unit titles? [May 2009]
Posted on May 11, 2009
By: Liza Irvine | Views: 1161
Family trusts - some common pitfalls [Apr 09]
Posted on Apr 21, 2009
By: Simon Kember | Views: 1165
Personal Grievance - even after dismissal, actions can count [Apr 2009]
Posted on Apr 21, 2009
By: Brett Vautier | Views: 1042
Contracting with young people - the Minors’ Contracts Act 1969 [Jun 2008]
Posted on Jun 01, 2008
By: Brett Vautier | Views: 1145
Confidentiality of employment mediation [Jun 2008]
Posted on Jun 01, 2008
By: Brett Vautier | Views: 1032
Children’s participation increased by changes to Family Court [Apr 2009]
Posted on Mar 31, 2009
By: Sarah Vyle | Views: 960
Business brokers - beware the time of supply rules for GST [Apr 2009]
Posted on Mar 31, 2009
By: Tim Jones or Anthea Coombes | Views: 1288
Resource Management Act & Building Act amendment [Mar 2009]
Posted on Feb 28, 2009
By: Malcolm Maclean | Views: 1006
Apartment ground rent questions [Feb 2009]
Posted on Feb 27, 2009
By: Tim Jones | Views: 1045
Carrying out renovations [Nov 2008]
Posted on Nov 29, 2008
By: Tim Jones | Views: 941
Protect your business from bad debtors [Oct 2008]
Posted on Sep 30, 2008
By: Paul McKendrick | Views: 932
Limited Partnerships Act 2008 [Oct 08]
Posted on Sep 30, 2008
By: Stephanie Harris | Views: 1051
Green leases - the way of the future [Oct 08]
Posted on Sep 30, 2008
By: Simon Kember | Views: 938
Tax - Associated Persons’ Rules [Sept 08]
Posted on Sep 30, 2008
By: Tim Jones, Keith Turner & Philip Bell | Views: 1126
Buying at mortgagee sale - traps and pitfalls [Aug 2008]
Posted on Aug 31, 2008
By: Tim Jones | Views: 1274
Enduring powers of attorney - significant changes [Jun 2008]
Posted on Jun 01, 2008
By: Gaynor McLean | Views: 1184
Use ‘satisfactory to purchaser’ clauses with care [May 2008]
Posted on May 31, 2008
By: Tim Jones | Views: 1110
Protecting your rights and deposit when buying [Mar 2008]
Posted on Mar 30, 2008
By: Tim Jones | Views: 949
Property Law Act [Mar 2008]
Posted on Feb 29, 2008
By: Simon Kember | Views: 1056
Legal issues for first home buyers [Apr 2008]
Posted on Apr 30, 2008
By: Tim Jones | Views: 1007
Apartments or houses - which is better as landlord? [Apr 2008]
Posted on Apr 30, 2008
By: Tim Jones | Views: 952
Apartments - buying off the plans [Sept 2008]
Posted on Sep 29, 2008
By: Tim Jones | Views: 1016
How does the body corporate committee work? [Feb 2008]
Posted on Feb 27, 2008
By: Tim Jones | Views: 1177
Escape clauses and back up clauses [Mar 2008]
Posted on Feb 29, 2008
By: Tim Jones | Views: 1088
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