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Category: Litigation & Dispute Resolution

  • Nuisance – Unreasonable Interference with Use and Enjoyment of your Property

    29 November 2023

    A legal nuisance refers to a situation where an individual or entity engages in activities or behaviours that interfere with the use and enjoyment of another person's property or their right to live in a peaceful and healthy environment. The action for private nuisance protects a person’s right to the “use or enjoyment of an interest in land, or of some right over or in connection with it”.Some common examples of private nuisances in New Zealand might include:• excessive noise: ...

  • Stuck with an unpaid invoice?

    29 November 2023

    Cash flow is essential for the successful operation of any business.In an ideal world, a business would be paid all its invoices on time and every time. Unfortunately, unpaid debts are part and parcel of running a business. Invoices may be paid late if the debtor is having financial difficulties. Occasionally, for one reason or another, some invoices are not paid at all.If your business is dealing with a debtor that has ignored reminder letters, statements, warning notices, or has ...

  • Managing Emergencies and Risks

    3 February 2023

    Like you, we are concerned by the recent unexpected serious flooding that has impacted Auckland. We now appear more exposed to extreme weather events. We care about your welfare and want to help you going forward, by being prepared for the future, and dealing with the impact of the recent flood.In preparation for future events, we recommend that you do a risk assessment for your business, your family, and yourself. We have included a few useful links below.Developing Business Continuity ...

  • Managing Emergencies and Risks

    2 February 2023

    Like you, we are concerned by the recent unexpected serious flooding that has impacted Auckland. We now appear more exposed to extreme weather events. We care about your welfare and want to help you going forward, by being prepared for the future, and dealing with the impact of the recent flood.In preparation for future events, we recommend that you do a risk assessment for your business, your family, and yourself.  We have included a few useful links below.Developing Business Continuity Plans ...

  • Case Update: Signed and Delivered Agency Agreement Critical to Claiming Commission

    7 November 2022

    A real estate listing or agency agreement will be familiar to many. It authorises a licensed real estate agent to act on behalf of a client in undertaking a sale or lease of property, and sets out the scope of the agent’s authority to do so in exchange for a fee in the form of a commission. As many will also know, most agency agreements include an obligation to pay commission where the purchaser or lessee was first introduced by ...

  • Case Law Update: Shared Driveway Driving You Up the Wall?

    16 August 2022

    Shared driveways providing access via a right of way easement are a common feature in residential suburbs and in commercial and industrial areas all over New Zealand. The High Court recently confirmed the legal principles and tests applicable to the interpretation of right of way easements in Fuge v Wimax New Zealand Limited [2022] NZHC 1121.The case related to a dispute between the Fuges and Wimax over structures (retaining walls etc.) placed within the easement area that did not directly obstruct ...