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.
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 attempts to modify land covenants There are 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 cases attempting to modify land covenants.
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.
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.
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.
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.
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.
Do your homework before purchasing – that is the message which has been reinforced in a recent case which came before the High Court. In Shabor Ltd v Graham, the purchaser of a large farm in the Waikato sued the vendor for misrepresentation under the Fair Trading Act after the purchaser discovered that the farm did not hold the stock numbers advertised in the marketing material.
New Zealand’s Tax Administration Act 1994 (the Act) was amended in December 2020. The changes to the Act include the introduction of new disclosure requirements for trusts to allow for the IRD to better monitor trust income.