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Recent Articles |
CANTERBURY EARTHQUAKEFor information on commercial and residential property transactions, employment and staff issues, insurance and settlements following the earthquake, click here. COMMERCIAL PROPERTYOctober 2010 - Understanding Leases (the often confusing terminology explained)Although with the advent of plain English drafting, commercial leases are arguably easier to understand now than once they were, they still manage to give rise to much confusion. I can still remember from my childhood the title of a pop song sung by an American called Johnny Tillotson. The song presumably about an object of his affection was called “Poetry in Motion”. My young ears heard instead “Oh a tree in motion” and so the meaning of the song, if there was any, was lost to me and for some time afterwards I felt vaguely uneasy in the presence of any plant larger than a bush. April 2010 - You & Your LeaseOn Monday 26 April 2010, two of our partners Seaton Read and Mark Sherry ran a free seminar called “You and Your Lease” in our Boardroom on level 19 of the PriceWaterhouseCoopers Centre. Seaton and Mark are very experienced in Commercial Property and Hospitality issues, making them ideal to present the seminar which was directed towards tenants of commercial leases, and focussed particularly on Auckland District Law Society (ADLS) leases. DISPUTE RESOLUTIONJuly 2010 - Limited LicencesA sentence which imposes a disqualification from driving is intended to be an inconvenience. But for certain persons whose occupations involve driving the results could potentially be disastrous. It is not the intention of the Court in these circumstances to deprive the convicted person of their livelihood and for this reason the Court may agree to grant such persons a restricted licence. Such limited licences allow driving only for the stated purpose and restrict the geographical area and hours within which driving may occur. The order requires the driver to keep a log book of all journeys and to produce the log book to any police officer upon demand. Read more... June 2010 - Motor Vehicle Tribunal - beware expensive cars not covered!A recent court case on which Harmans acted has exposed a surprising deficiency in the law surrounding defective motor vehicles. Most people are aware that there is a specialist Motor Vehicle Disputes Tribunal set up by legislation to deal with disputes surrounding the sale of vehicles. Most of these disputes concern defects or problems with the vehicle and for that reason the Tribunal has a specialist assessor available who can sit with the Tribunal and advise on technical or mechanical issues. Read more... May 2010 - Leaky BuildingsWe rely on our homes to keep us dry and protected from the elements. Some home owners are now finding that their homes are failing to keep out the elements and are literally rotting from the inside. This can result in health concerns from damp, mould and mildew as well as obvious structural problems. ELDERLY SERVICES AND SENIORS LAWMay 2010 - The Budget 2010After all the waiting and hype surrounding this budget we were finally put out of our misery on Thursday 20 May with the Honorable Bill English releasing details of the long awaited second budget for this National government. Read more... May 2010 - User Pays SubsidiesToday we live in a 'user pays' society and if you have saved for retirement and paid off the house it just might be that you are disadvantaged, at least when it comes to senior care. That hardly sounds fair does it? But the fact is that it costs between $40,000 and $42,000 per annum to keep a person in senior care and with more and more people going into care as the baby boomers hit retiring age and beyond, the New Zealand government simply cannot afford to cover this cost. Read more... May 2010 - Enduring Powers of AttorneyDo you have Enduring Powers of Attorney in place? If not, you may care to read on to see what could be a likely scenario in the event of your losing mental capacity for any reason, be it old age or an unforeseen accident or illness. Read more... EMPLOYMENT ISSUESJuly 2010 - Changes in the wind for Employment LawPrime Minister John Key has just announced proposed changes to New Zealand employment law. The major talking points are the extension of the "grievance free" 90 day trial period to all employers and the removal of access as of right by unions to workplaces. May 2010 - Goodwill Hunting (or stealing)?A common dilemma facing business owners today is what to do when an employee leaves and sets up a competing business nearby. In some cases the employee has been with the business many years and built up significant relationships with clients of the business and there is a real risk that the clients will transfer their business to the new competitor. Read more... FAMILY LAW AND RELATIONSHIP PROPERTYJuly 2010 - Have you left it too late to do a pre-nup?It is common for couples to contribute different amounts when purchasing their first family home. Many think that a prenup (aka “Contracting Out Agreement”) would be a good idea to preserve their respective contributions as their separate property (just in case the relationship doesn’t last, or there may be children from a prior relationship to consider). Purchasing a property however can be a busy and stressful (not to mention expensive) time and having the awkward prenup conversation is often put in the too hard basket. July 2010 - What is "Domestic Violence"?Pursuant to the Domestic Violence Act 1995 “domestic violence” means any “violence” against a person by any other person with whom that person is, or has been, in a domestic relationship Read more... May 2010 - New Powers For Police - on the spot protection ordersOn 1 July 2010 the Police will have new powers to issue “Police Safety Orders”. A person against whom the Order is issued (“the Respondent”) must immediately surrender to a Constable any weapon in his or her possession or control, together with any firearms licence and must vacate any land or building occupied by a “person at risk”, whether or not he or she has a legal or equitable interest in the land or building. The Respondent will have to leave the residence even if they own it, or it is a joint family home or a flat in which they and or the other party resides. Read more... FRANCHISING FOR FRANCHISEES & FRANCHISORSJune 2011 - When Disaster Strikes - Maintaining business continuity in the face of uncertaintyIn the past twelve months both New Zealand and Australia have suffered from numerous significant natural disasters. There have been two major earthquakes in Canterbury, extreme flooding in Brisbane and a category five storm in northern Queensland. Having had an office situated in central Christchurch, I have experienced first-hand the devastation and disruption that the two earthquakes have caused.Read more...October 2010 - Five important questions to ask your Franchisor before you sign anything1 Do you have a disclosure document? July 2010 - Franchising "Lingo" - what does it really mean?When someone purchases a franchise it can b a very confusing time. Often it is the first time they will be self-employed and have had contact with a lawyer for business matters. Read more... April 2010 - The Franchise Territory - what does it mean?When a prospective franchisee is looking at purchasing a franchise operation, they are buying various rights. These include the intellectual property behind the franchise system, the support of the franchisor on an ongoing basis to assist in a successful business and, more often that not, the right to sell the goods or services that are the subject of the franchise within a specified territory. RESIDENTIAL PROPERTYSeptember 2010 - Real Estate Agent Act 2008 - the new eraOn the 17th of November 2009, the Real Estate Agents Act 2008 came into force and nearly one year on, feedback from Agents and the public alike is positive. The Agents herald the legislation as providing certainty and enshrining many of the practices which the larger agency’s already self adhered to. It has introduced a licensing regime for those selling residential, rural, commercial and industrial real estate and occupational rights in retirement villages. It also applies to those involved in selling businesses, brokering leases and acting as buyers’ agents. It establishes regulatory bodies to oversee the administration of licensing of agents and disciplinary matters via the newly created tribunal. It provides clarity to the client and sets the level of expectation in relation to the sale and purchase of real estate in New Zealand.
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