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.
New workplace bullying guidelines
New guidelines on workplace bullying have been released by WorkSafe New Zealand. The guidelines, "Preventing and responding to workplace bullying", issued on 20 February 2014, outline best practice for employers and employees in dealing with workplace bullying. This article provides a brief update on managing workplace bullying in light of the new guidelines.
Fencing: Who pays?
This article discusses the question of “who pays for the erection of fencing and repairs to dividing fences between adjacent properties”. This includes the effect of the Fencing Act 1978, fencing covenants and agreements.
Body corporate governance: A warning to committee members
Every body corporate needs a chairperson, and most have a committee as well. A well-functioning committee has an important part to play in good governance. But committee members need to be aware of the risks of the role. This article discusses a recent case.
When do lease negotiations become binding on the parties?
Often when parties enter into negotiations before signing a contract, the parties will intend that they are not bound until the contract is drawn up and signed. A recent decision of the High Court, Dunroamin Nurseries Ltd v Zealandia Horticulture Ltd holds that this can be negated if the circumstances indicate that the parties intended to be bound by negotiations entered into before a formal lease was signed. This article summarises and discusses this case.
Plumbers, Gasfitters and Drainlayers Board: An organisation for its members or for public benefit?
Since charities have had to register under the Charities Act to obtain charitable tax status, there have been a number of cases which have dealt with professional organisations. At the heart of these cases is the issue of whether such professional organisations are for the benefit of their members or the benefit of the public. This article discusses the implications of a recent charities case.
A review of New Zealand's constitutional arrangements
This article discusses the recent review of "New Zealand's Constitution - A Report on a Conversation, He Kotuinga Kōrero mo Te Kaupapa Ture o Aotearoa”.
Tips for the silly season
This article outlines some tips for surviving the festive season for both employers and employees.
Treaty settlement negotiations: An overview
The Treaty settlement negotiations process is often a lengthy one, involving a number of different players throughout. This article provides a brief overview of the various steps in the Treaty settlement process and some of the unique aspects to be aware of.
Changing the landscape: The land acquisition process under the Public Works Act
With the many recent changes to the Waikato landscape it is important to consider the implications the Public Works Act may have on your property. This article summarises the acquisition process under the Act and considers the consequences of this process for the land owner.
Agreements to lease
Are you a landlord or a tenant about to enter into an agreement to lease? This article identifies issues and key points for landlords and tenants to consider before signing the agreement.
PPSR and PMSI: Registered charges over property
The Personal Properties Securities Register (PPSR) is an online database which allows individuals or companies to register their interest against property which they hold as security. This article explains the different situations when the PPSR is used and when it is important.
The GCSB Amendment Bill: Is the Government spying on us?
The controversial Government Communications Security Bureau Amendment Bill was passed into law on 21 August 2013. This article summarises the key changes that the Bill makes to the existing law.
What you need to know if you are an executor under a will
An executor is the person (or persons) appointed under a will to carry out the terms of the will. Executors are often referred to in a will as trustees or personal representatives.
Duties of trustees: What you NEED to know as a trustee
Are you a trustee of a trust? In recent times, there has been an increase in beneficiary requests for information from and claims against trustees. In order to avoid disputes and defend claims, it is essential that trustees understand and comply with their duties.