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Body Corporate Update October 2017
Layered Developments A layered development is the creation of a new unit title development within anexisting unit title development – a little like a Russian Doll. Sections 19-22 of the Unit Titles Act 2010 (“UTA”) provide for the creation of subsidiaryunit title developments that sit within a...
Enduring Power of Attorney- eliminating unnecessary stress
There are a number of uncertainties in life, events that are unforeseen and can have a massive impact on your day to day lives. For many clients one of those concerns is centered around what would happen should they suffer a serious accident or health issue where they lost legal capacity. Legal capa...
Trusteeship under the microscope
The integrity of trusts that are used to protect assets from the hands of creditors has been challenged in a decision of the Chancery Division of the UK Courts. There is a direct connection with New Zealand as it concerns five New Zealand trusts and a New Zealand incorporated trustee company which c...
Body Corporate Business Update November 2017
When is a dispute not a dispute?In Body Corporate 375933 v Tenancy Tribunal [2017] HCNZ 1619, the High Court considered whether the Tenancy Tribunal had jurisdiction and/or discretion to hear a dispute between a former owner and its former body corporate where the dispute is moot.The question arose...
Glaister Ennor wins in the Supreme Court of New Zealand
Last month saw the successful end of a six-year dispute over the failed Kawarau Falls Station development in Queenstown, New Zealand, for a large number of investors represented by Glaister Ennor.The development was meant to be an integrated lakeside development with over a dozen hotels and serviced...
Tim Jones retires from Glaister Ennor
Tim Jones has advised that after 37 years with Glaister Ennor he is to retire from the firm.During his time at Glaister Ennor Tim has built a significant practice of private clients and has become an acknowledged expert in property development. He is regarded as an expert in property law by the lega...
Overseas Investment- Changes to come
In her first post-cabinet press conference on 31 October 2017, Prime Minister Jacinda Ardern announced that overseas buyers will be banned from buying existing houses from early next year.While there are few details of how the ban will operate, it appears that:the Overseas Investment Act 2005 will...
Contract and Commercial Law Act 2017 – Changes and Implications
The Contract and Commercial Law Act 2017 (“CCL Act”) came into force on 1 September 2017. The new legislation consolidates 12 commercial statutes into one to allow an up-to-date and accessible “one stop shop” Act to deal with contractual and commercial law matters.For example, legislation co...
Important to protect against potential liability for prior agent’s commission
We have recently obtained a favourable judgment for Barfoot & Thompson (“Barfoots”); whereby, they recovered commission due under a sole agency agreement from vendors who sold the property privately shortly after the sole agency expired. Barfoot & Thompson Limited v Gore Nominee Limited...
Health & Safety
WorkSafe (the health and safety regulator) has recently announced that it has accepted enforceable undertakings from Zespri. These undertakings are in connection with a fatal quad bike incident, which occurred in May 2016 on a Tauranga orchard. The victim was a worker engaged by a contractor of Zesp...