Publications

Legal publications and resources from our team on a wide range of legal subjects and hot topics critical to our clients' needs.

Publications

Legal publications and resources from our team on a wide range of legal subjects and hot topics critical to our clients' needs.

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Joint tenants or tenants in common?

This article sets out the differences between joint tenants and tenants in common and summarises the recent case of Harvey v Gateshead Investments Ltd [2013] NZHC 2253 in which the High Court severed a joint tenancy.

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Building law changes that could affect you

We have previously reported on the Building Amendment Bill which became law in November 2013. The bill has made significant amendments to the Building Act 2004 that could affect you. There has been some confusion around the timing of the changes, so this article addresses the key changes that are already in effect and those that are yet to come into force.

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Internet and online traders

Do you sell goods and services online? Do you buy goods and services online? Recent amendments to the Fair Trading Act 1986 and the Consumer Guarantees Act 1993 have seen traders who sell goods and services online being placed under increasing obligations, all with the intention of better protecting the online consumer. This article summarises the recent law changes relating to the sale and purchase of goods and services online.

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Erceg v Erceg: A balancing act between trustee and settlor

The recent New Zealand case of Erceg v Erceg highlights the conflict between the obligations of a trustee to fulfil a settlor’s intentions, and the rights of beneficiaries to have access to information. This case provides guidance when these obligations and rights are no longer compatible, and is an important read for both trustees and beneficiaries.

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Charities update

This year has seen the release of a number of Court decisions in the Charities and Not for Profits areas. This article summarises some recent decisions, and outlines the implications for similar organisations.

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Securities Act: Exemption Notices for charities and not-for-profit organisations

Are you a charity or not-for-profit organisation? Do you offer securities to the public? Due to the recent changes to Securities Act requirements for exemption notices you will need to ensure your charity or not-for-profit organisation is compliant.

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Published by Daniel Shore
“What's mine is mine and what's yours is mine"

This article summarises the Court of Appeal decision Thompson v Thompson [2014] CA 117.

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Update on taxation of lease payments

This article provides an update on the taxation of lease payments in a proposed bill which, if enacted, will apply from 1 April 2015.

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Shareholders’ agreement: Do you need one?

The importance of a shareholders’ agreement is often overlooked in many companies due to their simple structure or the intimate relationship between the shareholders. This article discusses why shareholders’ agreements are important, and why relying on a company’s constitution for setting out the rules and procedures of a company can be dangerous.

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Wills and estates involving Māori land

Who can I leave my Māori land to in my Will? What happens to my Māori land if I do not have a Will? What must my executors and whānau do to succeed to my Māori land interests when I pass? Māori land is a taonga tuku iho, a treasure that is passed down through the generations. Rachel explains how the law deals with estates involving Māori land and the process for succeeding to Māori land.

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Ownership of a dwelling on multiply-owned Māori freehold land

There are potentially a number of ownership issues with dwellings built on multiply-owned Māori land. This article discusses a recent case which is a reminder to those who build on multiply-owned Māori freehold land that, once built, the dwelling, if affixed to the land, is considered to form part of the title to the land, belonging to all of the owners.

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Update on the Construction Contracts Amendment Bill

The Construction Contracts Amendment Bill was referred to the Commerce Committee on 11 June 2013, with public submissions closing on 25 July 2013. The Committee received 31 submissions from interested groups and individuals, and heard 22 of those submissions, releasing its report on the Bill late last year. This article summarises the key points made by the Committee in its report.

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Published by Daniel Shore
The Disputes Tribunal process

This article discusses lodging or defending a claim in the Disputes Tribunal, including tips on what to consider when preparing evidence for a hearing and some comments on what to expect from the hearing itself.

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Caveats: What, when, how and why?

A caveat is lodged on a title for property and serves as notice that a person has an interest in that property. In which circumstances might you lodge a caveat? How do you go about it? What are the benefits? This article explains the key points.

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Where there is a will - is there always a way?

Much of the law governing wills is left to the Courts. Since the Wills Act 2007 came into force, there have been many High Court declarations that particular documents are valid wills, which documents previously would not have met the required standard of a final will and testament of a deceased. This article looks at two will cases and outlines why it is important to seek legal advice at the outset to ensure that, where there is a will, there is an inexpensive, simple way to give effect to your wishes.