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Companies Law 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.

Receivership, Liquidation and Voluntary Administration - how are they different? [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?

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

Update on the Unit Titles Act 2010 [February 2011]

With the Unit Titles Act 2010 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 bodies corporate 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.

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.

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

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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?

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.  .

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.

An Unclear Territory [Sept 2010]

Joel Fotu discusses the underlying issues relating to the use of an encumbrance instrument as a conveyancing device.

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.

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.

Apartments - troublesome tenants [August 2010]
Posted on Aug 02, 2010
By: Tim Jones | Views: 707

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.

Gazumpted? - the importance of registering documents [July 2010]
Posted on Jul 28, 2010
By: Joel Fotu | Views: 1009

A charge against the land [July 2010]
Posted on Jul 28, 2010
By: Joel Fotu | Views: 753

Seller’s obligations and buyer’s expectations – The Supreme Court has its say! [June 2010]
Posted on Jun 02, 2010
By: Tim Jones | Views: 631

How does the new Unit Titles Act 2010 affect you? [June 2010]
Posted on Jun 01, 2010
By: Liza Irvine | Views: 1218

Selling your home - is your house in order? [June 2010]
Posted on Jun 01, 2010
By: Simon Kember | Views: 512

Changes to District Court rules [March 2010]
Posted on Mar 22, 2010
By: Brett Vautier | Views: 439

Employment update [March 2010]
Posted on Mar 22, 2010
By: Brett Vautier | Views: 411

Trust beneficiaries’ rights to information [March 2010]
Posted on Mar 22, 2010
By: Simon Kember | Views: 682

Building reports - some legal issues [March 2010]
Posted on Mar 22, 2010
By: Tim Jones | Views: 448

Commercial leases - landlords’ remedies [March 2010]
Posted on Mar 15, 2010
By: Gaynor McLean | Views: 655

Unit Titles Bill Update [February 2010]
Posted on Feb 24, 2010
By: Liza Irvine | Views: 604

Draft 2010 Development Contributions Policy [March 2010]
Posted on Mar 03, 2010
By: Malcolm Maclean | Views: 507

Third Auckland Council Bill before Parliament [Dec 2009]
Posted on Dec 11, 2009
By: Malcolm Maclean | Views: 450

Body Corporate Update [Dec 2009]
Posted on Dec 01, 2009
By: Liza Irvine | Views: 535

Further provisions in the Unit Titles Bill [Oct 2009]
Posted on Oct 28, 2009
By: Louise Quinn | Views: 416

Commentary on Unit Titles Bill (Second Draft) [Sept 2009]
Posted on Sep 28, 2009
By: Liza Irvine | Views: 475

Choosing between two forms of Sales and Purchase agreement [Aug 2009]
Posted on Aug 29, 2009
By: Tim Jones | Views: 679

How do I deal with bad debtors? [Jul 2009]
Posted on Jul 30, 2009
By: Paul McKendrick | Views: 533

Safeguarding your property purchase deposit [June 2009]
Posted on Jun 01, 2009
By: Tim Jones | Views: 448

Building Act 2004 - implied warranties - further risks for investors?  [Jun 2009]
Posted on Jun 01, 2009
By: Gaynor McLean | Views: 505

Redundancy - following fair process [June 2009]
Posted on Jun 01, 2009
By: Brett Vautier | Views: 486

Family Trusts and the Family Protection Act [Jun 2009]
Posted on Jun 01, 2009
By: Simon Kember | Views: 486

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: 440

How well do you know your body corporate rules?  [June 2009]
Posted on Jul 01, 2009
By: Liza Irvine | Views: 493

Leaky building pitfalls and time limitation [May 2009]
Posted on May 23, 2009
By: Tim Rea | Views: 458

Unit Titles Bill - improving survey and title matters for unit titles?  [May 2009]
Posted on May 11, 2009
By: Liza Irvine | Views: 468

Family trusts - some common pitfalls [Apr 09]
Posted on Apr 21, 2009
By: Simon Kember | Views: 441

Personal Grievance - even after dismissal, actions can count [Apr 2009]
Posted on Apr 21, 2009
By: Brett Vautier | Views: 422

Contracting with young people - the Minors’ Contracts Act 1969 [Jun 2008]
Posted on Jun 01, 2008
By: Brett Vautier | Views: 473

Confidentiality of employment mediation [Jun 2008]
Posted on Jun 01, 2008
By: Brett Vautier | Views: 427

Children’s participation increased by changes to Family Court [Apr 2009]
Posted on Mar 31, 2009
By: Sarah Vyle | Views: 407

Business brokers - beware the time of supply rules for GST [Apr 2009]
Posted on Mar 31, 2009
By: Tim Jones or Anthea Coombes | Views: 512

Resource Management Act & Building Act amendment [Mar 2009]
Posted on Feb 28, 2009
By: Malcolm Maclean | Views: 418

Apartment ground rent questions [Feb 2009]
Posted on Feb 27, 2009
By: Tim Jones | Views: 423

Carrying out renovations [Nov 2008]
Posted on Nov 29, 2008
By: Tim Jones | Views: 409

Protect your business from bad debtors [Oct 2008]
Posted on Sep 30, 2008
By: Paul McKendrick | Views: 399

Limited Partnerships Act 2008 [Oct 08]
Posted on Sep 30, 2008
By: Stephanie Harris | Views: 427

Green leases - the way of the future [Oct 08]
Posted on Sep 30, 2008
By: Simon Kember | Views: 411

Tax - Associated Persons’ Rules [Sept 08]
Posted on Sep 30, 2008
By: Tim Jones, Keith Turner & Philip Bell | Views: 454

Buying at mortgagee sale - traps and pitfalls [Aug 2008]
Posted on Aug 31, 2008
By: Tim Jones | Views: 479

Enduring powers of attorney - significant changes [Jun 2008]
Posted on Jun 01, 2008
By: Gaynor McLean | Views: 470

Use ‘satisfactory to purchaser’ clauses with care [May 2008]
Posted on May 31, 2008
By: Tim Jones | Views: 463

Protecting your rights and deposit when buying [Mar 2008]
Posted on Mar 30, 2008
By: Tim Jones | Views: 418

Property Law Act [Mar 2008]
Posted on Feb 29, 2008
By: Simon Kember | Views: 412

Legal issues for first home buyers [Apr 2008]
Posted on Apr 30, 2008
By: Tim Jones | Views: 428

Apartments or houses - which is better as landlord?  [Apr 2008]
Posted on Apr 30, 2008
By: Tim Jones | Views: 400

Apartments - buying off the plans [Sept 2008]
Posted on Sep 29, 2008
By: Tim Jones | Views: 420

How does the body corporate committee work? [Feb 2008]
Posted on Feb 27, 2008
By: Tim Jones | Views: 451

Escape clauses and back up clauses [Mar 2008]
Posted on Feb 29, 2008
By: Tim Jones | Views: 425

Leasehold property and ground rent increases [Mar 2008]
Posted on May 31, 2008
By: Tim Jones | Views: 516

Apartment Body Corporates - how things get done [Feb 2008]
Posted on Feb 27, 2008
By: Tim Jones | Views: 434

Dealing with a deceased person’s estate [Jun 2007]
Posted on Jun 01, 2007
By: Gaynor McLean | Views: 527

Dormant trusts - protect your kids’ inheritance [Jun 2006]
Posted on Jan 05, 2006
By: Simon Kember | Views: 390

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