kerri, Author at Harkness Henry Lawyers

Planning to use Kiwisaver for your first home purchase? Here are 5 things you need to know

30 September 2021

Kiwisaver can be a great cash injection for your first home purchase. However many purchasers aren’t sure how the process works, resulting in frustration, delays and even not being able to access your Kiwisaver fund. This article explores how Kiwisaver works in practice and what you need to know.

The Importance of Shareholder Agreements

23 September 2021

When you are entering into a new venture the opportunities seem endless and everyone is positive about goals and working relationships. However, as we unfortunately see so often in our litigation team, things do not always go to plan. A well drafted shareholder agreement can be worth its weight in gold when working relationships sour.

Incorporated Society Dispute Resolution – What options do you have?

7 September 2021

We often have enquiries from clients or prospective clients relating to disputes within an incorporated society that they are affiliated with (e.g. as members or serving on society committees). People often ask us what they can do to resolve these disputes and how they can make claims when the society leaders are not acting in the best interests of the society. This article sets out the different options available when there are disputes within an incorporated society and highlights some deficiencies in our current law.

Land covenants that last – a brief review of recent attempts to modify land covenants

6 September 2021

Recently the media has given some attention to circumstances where an owner of property has (or would have but for a settlement reached) been able to modify a land covenant using the provisions of s317(1) of the Property Law Act 2007 (PLA). In most instances, if you have a land covenant registered against the title to your property, it is there forever and cannot be modified or extinguished. This article looks at recent cases attempting to modify land covenants.

Ready to open your bar or a bottle store?

10 August 2021

So, you have finally decided to open a new bar or a bottle store with the aim of creating more job opportunities and helping the economic recovery post Covid19 lockdown. This article focuses on the importance of completing a thorough due diligence before you purchase the property or sign a lease agreement. This article also highlights issues that new applicants, as well as existing licensees, are facing in terms of application processing times post Covid19 lockdown.

What does it mean to give your affected party approval under the Resource Management Act 1991?

21 July 2021

When an activity such as development of a site or a change in the use of land is happening near to you, the Resource Management Act 1991 section 95E provides that the local authority can decide on whether to give limited notification to the proposal or to publicly notify the proposal.

Trust me, I’m a Trustee…

19 July 2021

As a beneficiary of a trust, you are not obliged to just “trust” that the trustees are doing their job properly. But how can you check? This article looks at the options available to beneficiaries to obtain trust information.

Completing a redevelopment of a unit title

29 June 2021

Changes to a Unit Title after the title has been created is classed as a redevelopment. Redevelopments are a lengthy process, this article outlines what and who is needed to change the plan.

When there’s (nearly) a Will, there’s a way

23 June 2021

What happens if someone dies without a will, but a document exists which seems to express the deceased’s intentions? This article explores options to ensure the deceased’s wishes are fulfilled, notwithstanding the absence of a formal will.

Contribution claims, Limitation and the Building Act 2004 – An ongoing debate

22 June 2021

In a recent High Court decision, BNZ Branch Properties Limited v Wellington City Council the Court found that the 10 year longstop period in the Building Act 2004 does not apply to claims for contribution under s 17(1)(c) of the Law Reform Act 1936. This is the latest in a series of conflicting High Court authorities on this point.

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