From 17 March 2015, the Court, on application by the Commerce Commission, is able to declare terms in some consumer contracts to be unfair. For a term to be found to be ‘unfair’, the Court must be satisfied that the term causes significant imbalance to a party’s rights or obligations, the term is not necessary and will cause detriment (whether financial or otherwise) to a party if it were applied, enforced or relied on. While the Court has the discretion to take into account any matters it thinks relevant, it must take into account the transparency of the term and the contract as a whole.

2014 saw a number of significant changes in New Zealand consumer law. In June, the majority of the provisions of the Fair Trading Amendment came into effect. This article summarises these newly introduced provisions.

The new financial reporting standards are now in place (as at 1 April 2015) for registered charities. Part one of this series summarised the different tiers of the reporting standards, and how to move between tiers. View part one in McCaw Lewis Publications (Articles - Commercial). This part outlines the non-financial information which is required to be included in the reports.

Couples often enter into agreements to contract out of the Property (Relationships) Act to protect assets and separate property. Contracting out agreements are becoming increasingly common among couples who are entering into their second or subsequent relationship. However if not done correctly, couples can find themselves without an enforceable agreement on separation.

Engaging in asset planning often requires a focus on trust and estate law. Such focus means the social security implications of actions and decisions may not be considered, which can lead to unintended consequences. In some instances, where a home has been transferred to a Trust, the question is whether an applicant’s home should remain in the Trust, or be returned to the settlor prior to the application for a rest home subsidy.

The Māori Land Court has the ability to order reasonable access to landlocked Māori land. This article examines the considerations the Court takes into account when determining whether to grant access, what the Court can actually do and how McCaw Lewis can help.

Time is up on your lease – is it simply a matter of handing back the keys? Not quite! This article discusses the obligations on the tenant to reinstate the premises to its pre-lease condition and the potential consequences of not doing so.

This article summarises some recent changes in the law affecting residential construction contracts. The changes – essentially enhanced consumer protection laws – will be of particular interest to those considering building a new home or carrying out renovations to an existing residential property.

Registered charities in New Zealand enjoy a privileged position in that charities are not required to pay tax on income. Despite this privileged position, to date, there have been no minimum standards on the content or the quality of financial standards for charities. From 1 April 2015, new reporting standards come into effect for all registered charities in New Zealand. One of the aims of the new standards is to raise the standards, ensure a level of conformity in reporting, and ensure charities remain accountable to the public. All charities will now need to complete annual reporting which include, completing an annual return, and attaching to that annual return financial statements/performance reports which comply with the new standards.

This article summarises the recent High Court decision of Harding v Institution of Professional Engineers New Zealand Incorporated [2014] NZHC 2251 relating to the collapse of the CTV Building following the February 2011 Christchurch earthquake. Complaints were received by the Institution of Professional Engineers New Zealand (“IPENZ”) regarding Mr Harding’s involvement in the design of the building. This Court decision relates to the validity of the disciplinary procedure initiated by IPENZ in response to those complaints. Jonathan’s expanded version of this article was published in the New Zealand Law Journal in December 2014.

Recent amendments to the Income Tax Act 2007 create a tax exemption for charities that provide affordable housing. Until the amendment, the provision of affordable housing was not seen as charitable. This is because it did not relieve poverty and there were associated private benefits to the housing provider (for example see Re Queenstown Lakes Community Housing Trust). Organisations that only provided affordable community housing were not eligible for a tax exemption.

After the Pike River Mine tragedy and the subsequent Independent Taskforce report, the Government embarked on reviewing the current Health and Safety in Employment Act 1992. As a result, the Health and Safety Reform Bill was introduced to Parliament on 10 March 2014 and passed its first reading a few days later. The Bill provides for many changes to the current Act and is intended to come into force from 1 April 2015.

When looking to acquire a business, trying to identify and manage the associated risks can be an overwhelming task. Each risk can attach its own unique set of due diligence requirements to ensure the purchaser remains protected prior to settlement and after settlement.

Development contributions (“DCs”) continue to get a lot of media attention – and can leave a sour taste, especially as they do not just apply to “developers” as traditionally understood, but all kinds of projects and people. This article outlines the new regime for DCs introduced by recent amendments to the Local Government Act.

The purpose of this article is to explain the Proposed District Plan process using the Hamilton City Proposed District Plan as an example.