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IMPACT OF COVID-19 ON CONSTRUCTION PROJECTS UNDER EXISTING NZS3910/3916 CONTRACTS
Posted by Lisa Garrud on April 9 2020
We provide below a brief summary of the provisions of the NZS3910/3916 Contracts that may be relevant in these current circumstances (and beyond). The below analysis focuses only on the general terms of the contracts and is not intended to be legal advice in respect of any specific contracts or... Read the rest of this entry
CORONAVIRUS – MANAGING RISKS AND LITIGATING FOR BUSINESS INTERRUPTIONS
Posted by Lisa Garrud on March 18 2020
In the wake of the Coronavirus crisis, many New Zealand businesses who export or import into China are feeling the hit. China has become one of New Zealand’s top traders – supplying technology and electronics into New Zealand and importing dairy, meat and wood from New... Read the rest of this entry
10TH EDITION OF AGREEMENT FOR SALE AND PURCHASE OF REAL ESTATE; SUBTLE BUT SIGNIFICANT CHANGES
Posted by Lisa Garrud on March 18 2020
The Auckland District Law Society and Real Estate Institute of New Zealand have released the 10th edition of the widely used form of agreement for sale and purchase of real estate. This latest edition introduces some significant changes that both vendors and purchasers should be... Read the rest of this entry
IMMIGRATION NEW ZEALAND’S ANZSCO REQUIREMENTS – UPCOMING CHANGES
Posted by Lisa Garrud on March 18 2020
In late 2019, Immigration New Zealand (INZ) announced sweeping changes to its employer-assisted work visa offerings: one category will replace six [1] discrete work visa categories. The changes are expected to take effect sometime in the beginning of 2021. The application process will shift... Read the rest of this entry
THINKING OF DIVORCE? MUM’S THE WORD
Posted by Lisa Garrud on February 27 2020
If you are seriously considering ending a relationship, but are uncertain how it will affect your joint property or family business, please read on… It is critical that each party has equal information about what exactly is the relationship property for division. Information... Read the rest of this entry
SIX CONSIDERATIONS WHEN DECIDING TO SUBDIVIDE
Posted by Lisa Garrud on February 27 2020
From our experience, many first time developers underestimate the complexities of the subdivision process. A number of things can go wrong which may lead to financial and other stress. To help you avoid such pitfalls, we have put together a list of some basic key considerations at the outset.... Read the rest of this entry
THE POTENTIAL RISKS OF PURCHASING AT A MORTGAGEE SALE
Posted by Lisa Garrud on February 27 2020
Whilst purchasing a property at a mortgagee sale may result in you obtaining a good deal, purchasers need to be aware of the possible related risks. It is imperative for purchasers to complete their research, due diligence investigations and obtain the necessary legal and... Read the rest of this entry
STORE OWNER ORDERED TO PAY $200,000 IN PENALITIES
Posted by Lisa Garrud on February 27 2020
A recent decision of the Employment Court has demonstrated that new enforcement provisions in the Employment Relations Act 2000 (the Act), have real teeth – and should strike fear in any employer not correctly paying their staff for their work. Under the ERA, employers are... Read the rest of this entry
IMMIGRATION PRACTICE – INTRODUCING DEW JAMES
Posted by Lisa Garrud on February 27 2020
We are excited to announce that Dew James recently joined Shieff Angland’s Employment Law Team. As a Solicitor of the firm, Dew will be responsible for assisting clients with immigration, refugee and employment law-related matters. With nearly six years’ experience as an immigration... Read the rest of this entry
WARRANTIES V INDEMNITIES
Posted by Lisa Garrud on December 13 2019
In the context of commercial transactions, contractual protection will often be in the form of warranties and indemnities. Depending on the nature of the contract, warranties and indemnities are frequently used to allocate risks between the parties involved. Therefore, it is important to... Read the rest of this entry
REPAYABLE ON DEMAND?
Posted by Lisa Garrud on December 13 2019
Every day family members and friends loan each other money. The form of the agreement is typically casual. Sometimes the agreement (whether oral or in writing) will not mention when repayment is to occur or will simply say ‘repayable on demand’. Does this matter?... Read the rest of this entry
MAKING IT FAIRER FOR TENANTS
Posted by Lisa Garrud on December 13 2019
One third of New Zealanders now live in rental properties. If you are a tenant renting in major cities in New Zealand (like Auckland and Wellington) or looking to rent a place, you will be aware of the significant rental rates that landlords are imposing on tenants. But no... Read the rest of this entry
CRIME SURVEY FINDS MĀORI AND YOUNG PEOPLE THE MOST VICTIMISED
Posted by Lisa Garrud on December 13 2019
Māori form 26% of the most highly victimised people, almost twice as high as their proportion of the New Zealand adult population, according to the Ministry of Justice’s latest report Highly Victimised People. The report comes off the back of the New Zealand Crime and Victims... Read the rest of this entry
Construction disputes - Tips on how to avoid them
Posted by Benefitz Admin on November 11 2019
With Auckland crane numbers at almost 100 in July this year, construction litigators have been busy – both vertical and horizontal disputes. Great for lawyers and the experts alike, but not so good for developers, contractors, subcontractors and suppliers. Interestingly, despite the... Read the rest of this entry
Public Works / Land Compensation - Processes
Posted by Benefitz Admin on November 11 2019
In most cases where an entity intends to exercise powers conferred on it under the Act, one of the early steps will be to consult with the relevant landowners, or at the least give notice. However, it is critical as a landowner to know your rights in such circumstances and seek professional... Read the rest of this entry
Sponsorship Agreements – how to avoid selling more than you bargained for
Posted by Benefitz Admin on November 11 2019
Many sporting organisations struggle financially and are reliant on sponsorships with commercial partners to assist with cash flow. This is greatly appreciated by the organisations and a key way to commercialise the organisation where it might otherwise only be reliant on or predominantly... Read the rest of this entry
Avoiding digital distractions
Posted by Benefitz Admin on November 11 2019
We’re a distracted workforce these days. While some types of distraction can be good for productivity, such as in creative tasks where it can make space for the more intuitive, holistic, creative right brain to rev up, typically distraction is adversely affecting our workplace... Read the rest of this entry
Public Works/Land Compensation – Infrastructure vs Owner’s Use
Posted by Benefitz Admin on October 14 2019
The Public Works Act 1981 (Act) has evolved over a significant number of years to place more protection on the rights of the landowner. However, the Act still confers significant and wide ranging powers to ‘take land’ either by agreement, or compulsorily. Although, these powers are... Read the rest of this entry
The Essentials of being an Effective Director – Lessons from the High Court
Posted by Benefitz Admin on October 14 2019
In the wake of numerous director reckless trading decisions before the High Court, it is timely to remind all those who hold directorships of their legal roles and responsibilities under the Companies Act 1993 (the Act). Earlier this year, the liquidators of Mainzeal Property and... Read the rest of this entry
Trusts Law Update – Trusts Act 2019
Posted by Benefitz Admin on October 14 2019
The Trust Act 2019 (Act) comes in to force on 30 January 2021 and brings important reform to the Trustee Act 1956. The main objective of the Act is to make trust law more accessible to the public. It sets out and simplifies core trust principles and default administrative obligations,... Read the rest of this entry