Our insights Archives

Co-ownership – it was the best of times and the worst of times

21 April 2020

Purchasing a property with other people requires careful consideration and completing a property sharing agreement when you purchase a property can minimise problems in the future. Parties are often on the best of terms initially, but with any shared ownership, disputes can occur later. Completing a property sharing agreement where all owners record their expectations in relation to ownership and use of the property can be invaluable.

Consumer Contract Terms – Unfair Means Unenforceable

25 February 2020

The High Court has recently made its first declaration regarding unfair contract terms. The terms in question were found within a standard form consumer contract used by Home Direct.

Be aware of “Avoidance Policies” when developing in coastal area

20 December 2019

When interpreting “Avoidance Policies” in the National Coastal Policy Statement (the NZCPS), the courts are adopting a strict approach that requires absolute avoidance of adverse effects on the values protected. That approach could significantly limit the ability to obtain a resource consent for any activities on and around New Zealand’s coastal area where “Avoidance Policies” are triggered. It could also apply to other resource management areas.

Want to cancel a conditional contract without complying with your own conditions? Think again

14 November 2019

The story of the purchaser who got more than he bargained for. A recent Court of Appeal decision has confirmed that a party who enters a conditional contract has an obligation to do all things reasonably necessary to satisfy the conditions – or suffer the consequences.

Getting disclosure of relationship property after separation

11 November 2019

Often the biggest hurdle in resolving relationship property matters after a separation is getting disclosure of the assets and liabilities. If your partner is not providing you with disclosure, you can seek discovery orders from the Court before substantive proceedings are commenced.

Are you a Motor Vehicle Trader?

1 November 2019

You may not realise it, but you may be an unlicensed motor vehicle trader. A recent Court of Appeal decision[1] makes it clear that a person or company will need to register as a motor vehicle trader under the Motor Vehicle Sales Act 2003 if that person or company sells more than six motor vehicles in any 12 month period, unless it can prove that those motor vehicles were not sold for the primary purpose of “gain”.

Mixing the perfect cocktail: Good employment practices and alcohol licensing

22 October 2019

This article focuses on the type of issues that can arise for alcohol retailers and the risks they face if they fail to meet their obligations as employers.

Too hot to handle! Strict liability and the RMA

16 October 2019

A farmer was fined $14,400 plus costs for allowing waste product to be burnt on his farm. This provides a timely reminder to landowners to ensure that they understand what activities are taking place on their land and to ensure that these are being carried out in a lawful manner.

Come out better and stronger post COVID-19

Special alcohol licence for events

14 October 2019

As the end of the year looms, planning for Christmas-themed workplace functions and events also begins. Many of these events will escape alcohol licensing requirements, typically because the event is private, small-scale and because alcohol is being supplied at no charge (or guests are bringing their own).

Purchasing a section? Check this out

8 October 2019

There are checks which you should do before purchasing land especially if you intend to build on the land. You may find that the council rules, land covenants or the cost of foundations prevent you from building the house of your dreams or the building that you require for your business. This article gives a brief overview of the checks you should consider completing when buying land.