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We hope you will find our articles of value to you. We cover a wide range of useful and topical information on a regular basis.

  • Buying Goods Subject to Security

    March 2018

    The “ordinary course of business” exemption.When buying or leasing valuable goods it is important to check that they are not subject to a security interest. Otherwise, the secured party is able to use its security interest to call in the goods ...

  • Ratchet Clauses in Commercial Leases

    March 2018

    In commercial lease agreements, rent review clauses provide for how annual rent payable is determined.In addition to providing what the review is based on (i.e. either the Consumer Price Index (CPI) or market rent), many commercial leases provide that the rent ...

  • The Bright-Line Test

    March 2018

    A warning for Property Investors.In 2015, the government introduced the “bright-line test”, a method which attempts to tighten the property investment rules. The bright-line test states that (subject to exemptions) any gain from disposing of residential land within two years of ...

  • Changes Ahead

    March 2018

    Anti-money laundering & countering financing of terrorism.As anyone who has attempted to open a bank account or invested funds through an investment manager in recent years will attest, such activities are no longer the relatively straightforward exercise that they used to ...

  • Relationship Property after Death

    March 2018

    The survivor needs to consider the optionsPart 8 of the Property (Relationships) Act 1976 (“the Act”) deals with the division of property where a marriage or de facto relationship ends because one of the parties has died.  The surviving spouse or ...

  • Retirement Villages

    December 2017

    A lifestyle choice NOT a financial investmentRetirement Villages (“villages”) tend to be resort-like gated communities of older people usually over 70 years; approximately 12% of all over 75 year olds live in a village.Once settled, I have yet to meet a ...

  • Dying Without a Will

    December 2017

    The problems you leave for your family to deal withWhen a person passes away without a Will, the Administration Act 1969 (“the Act”) sets out how the Estate of the deceased will be distributed.Firstly, the family need to determine the value ...

  • The Exception to the Rule

    December 2017

    Equal sharing repugnant to justiceThe majority of our clients are already aware that where a marriage/de facto relationship of long duration comes to an end, relationship property is divided equally between the former spouses/partners. This “equal sharing rule” reflects key principles ...

  • Changes to the Construction Contracts Act

    December 2017

    A First DecisionThe Health and Safety at Work Act 2015 came into force in April 2017 bringing with it significantly increased penalties for breaches of health and safety duties. Now the first sentencing decision by the District Court under the Act ...

  • New Retentions Regime

    September 2017

    Better Protection for Sub-contractorsThe collapse of Mainzeal Property and Construction Limited (“Mainzeal”) was one of the more significant construction insolvencies in New Zealand. When Mainzeal collapsed, significant retention monies were due or potentially due to various subcontractors. However, Mainzeal did not ...

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