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.
In addition to Christmas, December 2020 is bringing us a new Privacy Act. The Privacy Act 2020 comes into force on 1 December 2020. With it, comes some changes you need to be aware of before you get into holiday mode. In this article, Jess Mathieson sets out the recent legal developments in this area and the potential implications if you are not up to speed with the new requirements.
The Supreme Court has recently reviewed the law relating to director’s duties making it clear that trading while insolvent will amount to a breach of a director’s duties even if a director believes that continued trading may benefit the company’s creditors as a whole: Madsen-Ries and Levin as Liquidators of Debut Homes Limited (in liquidation) v Cooper  NZSC 100.
A deceased person’s will can be challenged for a number of different reasons. In this article, we look briefly at challenges to a will based on the grounds that the will maker did not have testamentary capacity at the time they made their will.
The Construction Contracts Act 2002 required strict compliance in order to recover payments under it. In this article, construction law specialist, Karen Shaw provides a summary of the key requirements to ensure that you get these claims right .
The Fencing Act 1978 has been in place for decades but there is still confusion as to the process and means of resolving disputes that arise under the Act. This article raises some points to be aware of before arranging a replacement boundary fence in the hope that your neighbour will pay their fair share.
The internet creates a specialised set of problems which cannot always be dealt with in the traditional sense. With the development and increasing use of online trading sites, such as Trade Me, comes a whole new set of practical and legal problems.
New Zealand has a large primary production industry and, with that, a large amount of debt. The Minister for Agriculture has introduced a new Bill to try and give greater protection to farmers by forcing creditors with security interests in farm property to jump a few hurdles before they can enforce securities over defaulting farm borrowers. We will watch the progression of this Bill with interest, and keep you updated, as it will affect a great number of our Agri-business clients.
Just as a border is not necessarily a barrier to trade, it is likewise not necessarily a barrier to pursuing a foreign entity or individual for a dispute or a debt. This article is a brief guide on matters to consider if you are faced with a cross-border dispute.
As a consumer in New Zealand, every time you purchase goods or services from a supplier in trade, the Consumer Guarantees Act 1993 (“the Act”) provides you with certain protections against the supplier of those goods or services (and possibly against the manufacturer). This article will provide a summary of the workings of the guarantees under the Act, and of the concept of extended warranties.