Property Speaking - August 2011
1 August 2011
In this edition of Property Speaking: New Unit Titles Legislation Now In Force; Buyers Beware: No LIM or Builder’s Report?; Rest Home Subsidies and the Abolition of Gift Duty; Buying and Selling a Unit Title Property; Residential Property Developments to Become Acceptable Investments Under New Zealand Immigration Investor Category Instructions Download PDF
Rural eSpeaking - July 2011
25 July 2011
In the Winter edition of Rural eSpeaking: Traps of the Abolition of Gift Duty, Improving Health and Safety of the Farm, Quad Bike Safety Guidelines, Employers to Retain Employment Agreements, and Forest Owners Must Make Decisions This Year Download PDF
Fineprint - Winter 2011
15 July 2011
In the winter edition of Fineprint: Cancelling a Commercial Lease, Forest Owners Must Make Decisions this Year, Family Court Counsel-led Mediations, What's force majeure?, Don't Fence Me In: Issues with Neighbours, Postscript: Incorporated societies, Business interuption insurance, Unit Titles Act 2010, PPSA - Australian Style Download PDF
Grazing Contracts - Getting Paid
11 July 2011
The law books are full of cases deciding who is going to get the goods (and get paid) when a business goes belly up. In Stockco Limited v Walker[i] Mrs Walker was successful, but the result could easily have been different as her success was probably due just as much... Read more
Frustrating Employment Contracts
20 June 2011
A farmer was faced with an awful situation - his four year old son told him and his wife that their farm worker had indecently assaulted him[i]. The farmer had worked closely with the worker - they shared lunch together, they played sport together regularly and on occasions they had... Read more
Commercial eSpeaking - May 2011
18 May 2011
In this issue of Commercial eSpeaking with have articles on: Franchising - The Pros and Cons, Anti-Competitive Behaviour, New Copyright Law, PPSA - Australian Style, Digital Legacy Download PDF
To Pay or Not to Pay … Real Estate Agent’s Commission
9 May 2011
The sale of the Hadlows' farm did not run smoothly[i]. Despite signing several agreements and instituting legal proceedings against the purchaser, the purchaser did not complete the sale. The real estate agent in this case brought legal proceedings against the Hadlows for payment of $78,750 commission on the failed sale. Payment... Read more
The Abolition of Gift Duty Implications from the Ministry of Social Development
29 April 2011
The Ministry of Social development (the "Ministry") is responsible for the administration of the benefits system in New Zealand. The Ministry anticipates that with the proposed changes to the gifting legislation there is likely to be an increase in asset transfers and increase in gifting activity accordingly. The Ministry has... Read more
The Abolition of Gift Duty and Its Implications
29 April 2011
The current law imposes restrictions on the amount that people can gift. A gifting of more than $27,000 per person per year will be subject to gift duty. The implication of this law, in terms of trust administration, is that most New Zealander's would transfer assets from their personal name... Read more
Property Speaking - May 2011
29 April 2011
In this Autumn edition, you can read articles on: The 'Solicitor's Approval Clause' Total Destruction of Premises Subject to a Commercial Lease Property Briefs: Legislation updates, GST on land transactions, Christchurch earthquake - buying property Download PDF
No 8 Wire Solution Costs Landowner $286,000
11 April 2011
What New Zealand farmer hasn't found a No 8 wire solution to a problem facing him on the farm? Unfortunately for Mr Street of rural Taranaki, his solution to his drainage problem had devastating and costly consequences.[i] Mr Street's Drainage System Mr Street constructed a drainage system on his property so that... Read more
Fineprint - Autumn 2011
4 April 2011
Inside this issue of Fineprint, we have articles on: Gift Duty Abolition - How Will it Affect You? Tax Changes Affect LAQCs. Dying Intestate. Protecting Your Family's Inheritance - A Simple Asset Planning Technique. The Timing of Your Claim - Overhaul of the Limitation Act Download PDF
Facing excess breath alcohol or related traffic charges? Do you need to obtain a limited licence (work licence)?
15 March 2011
Norris Ward McKinnon can help you with all of your traffic related problems. This includes police charges for excess breath alcohol, careless driving or loss of traction (the boy racer charges), road user problems and applying for or obtaining a limited licence when you have been disqualified from holding a... Read more
Farm Succession - One Family's Experience
14 March 2011
It's a common scenario – the son leaves school at 15 and works long hours on the family farm for low wages in the expectation that the farm will eventually be his. A recent case illustrates the consequences of the family's differing expectations of the arrangement and failure to record... Read more
Rural eSpeaking - March 2011
14 March 2011
In this issue of Rural eSpeaking: Personal Property Securities Act - Grappling with section 53 in a livestock purchase Leasing the Farm - Can be a practical solution Over the Fence: New minimum wage rates, Sharemilking arrangements: 2011-2012 season, Public Holidays: Easter 2011, GST zero-rating land transactions Download PDF
Trust eSpeaking - March 2011
7 March 2011
In this issue of Trust eSpeaking: Gift Duty Abolition - From 1 October 2011, Rush to Trust - Or Maybe Not?, What Might Happen with Future Trusts Legislation? Download PDF
Landlord's Refusal to Renew a Lease
14 February 2011
Often a lease of land or land and buildings gives the tenant the right to renew it, sometimes more than once. This depends on what is written in the lease document. Usually the lease will state that the tenant has the right to renew the lease only if the tenant... Read more
Neighbours and Boundary Trees - Returning Litter to its Owner
17 January 2011
Legal issues are human issues, and unfortunately the courts can't always resolve them. Thankfully it is rare for disputes between neighbours to end up in court, or even for the police to be involved. What did the judge's decision in O'Byrne v Police[i] achieve? Although the judge set aside Mr... Read more
Water and Changing Boundaries - How Much Land Do You Really Own?
13 December 2010
When you bought your land your lawyer will have sent you a search copy of title to your land as recorded on the computer register. The computer register is generally regarded as being conclusive evidence of your ownership of the land and how much land is included in your title.... Read more
Rural eSpeaking - December 2010
3 December 2010
In this issue we have articles on: Water, Water Everywhere - Now a finite resource, Access to the Outdoors - Unlocking the gates to your property, 90-day trial periods, Changes to employment legislation, Livestock grazing agreements Download PDF
Fineprint - Spring/Summer 2010
24 November 2010
In this issue: Power to the People - Increased government power supply investment impacts on landowners, Crown Retail Deposit Guarantee Update, Gift duty to be abolished from October 2011, Going into business together, Financial Advisers Act 2008 Update, Where do I go for my Holidays? Guidelines for divorced or separated parents, Postscript - Major... Download PDF
Property Speaking - November 2010
24 November 2010
In this issue: Lessons from the Canterbury quake - Selling and buying property, Residential Tenancies Amendment Act 2010 - Effective from 1 October 2010, Abolition of gift duty - Implications for family trusts, Encumbrances - What does the future hold? Download PDF
Farm Succession Made Easier – The Repeal of Gift Duty
8 November 2010
As from 1 October 2011 it should be much easier to transfer assets to family members and trusts. The government has confirmed that it will definitely repeal gift duty and the law is expected to be introduced into Parliament this month. The implications are significant: Farmers will be able to put... Read more
Forestry and the Emissions Trading Scheme
11 October 2010
In last month's article I explained how an emissions trading scheme (ETS) worked. As much of New Zealand's rural land is planted in forest, or may be suitable for forest planting, there are many questions being asked by landowners as to how the ETS may affect their land. Forestry is the... Read more
Commercial eSpeaking - October 2010
11 October 2010
In this issue: New Patents Bill - Software patent strategy in New Zealand, 90-Day Trial Period Provisions on Trial - Employers get first written warning, Major employment law changes ahead – Claims for compensation under Agreements for Sale and Purchase Download PDF
Trust eSpeaking - September 2010
3 September 2010
In this issue: Appointment of a Law Firm Partner as Executor - Clarification on the court correcting a Will, Running a Family Trust - Make sure it stands up to scrutiny,Trustee Nearly Bankrupted by the Construction Contracts Act - Take care when appointed a trustee Download PDF
Property Speaking - August 2010
2 August 2010
In this issue: Transferring Assets during a Relationship - Can have implications under the Property (Relationships) Act, Landlocked Land - How can you get reasonable access?, Property Briefs: Personal Property Securities Register - registering a lessor’s interest, Securities Act: implications for owners of communal property Download PDF
Rural eSpeaking - July 2010
23 July 2010
In this issue: Selling the Farm to Foreigners - Overseas investment Act 2005, Occupational Safety and Health - The rural perspective, Increase in GST: implications for rural business, Lack of ease in easements, Building a house on bare land: GST implications Download PDF