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Publication: InBrief

  • Leasehold Land

    29 November 2023

    Did you know there are several different types of residential properties in New Zealand? It is, therefore, imperative you undertake your due diligence before entering into an unconditional agreement to purchase a property. Ensure the property is the right type of property for you; regardless whether it be freehold, cross lease, a unit title, or leasehold property.Leasehold is a less common type of property in New Zealand. More often than not, you will find leasehold properties are apartments or properties ...

  • Mainzeal – the “perils” of shareholder support

    29 November 2023

    Lawyers and business people have now had a month to digest the Supreme Court’s decision in Yan v Mainzeal Property and Construction Limited (In Liquidation) (Mainzeal).[1]The Supreme Court (Court) upheld the Court of Appeal’s decision that the Mainzeal directors were liable for insolvent trading and ordered that the directors contribute $39.8 million plus interest to the assets of the company. The liability of three of the four directors was capped at $6.6 million plus interest.The Mainzeal decision is perhaps unsurprising. ...

  • 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: ...

  • Collaborative Practice in New Zealand

    29 November 2023

    Collaborative Practice is an alternative dispute resolution process used in New Zealand and other countries to help individuals resolve family law issues in a cooperative and non-adversarial manner. Collaborative Practice is designed to reduce the emotional and financial toll of traditional litigation and to promote effective communication between the parties involved.Here is how Collaborative Practice works in New Zealand:When you embark on a Collaborative Practice process, you and the other party will be asked to commit to working together with ...

  • Separation

    29 November 2023

    Separation can be a tough journey, especially when children are involved, or there are issues such as domestic violence. Getting legal advice early on in the separation process (or even before separation occurs) can help you make informed decisions, significantly reduce the likelihood of legal complications and acrimony, and can ensure your rights and the best interests of any children are protected and promoted.We can discuss and assist any person going through a separation.1     The BasicsWe will help you ...

  • 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 ...