Our insights Archives

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.

Neighbours at War – What to do when you have a fence dispute

20 September 2019

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.

Online Issues: Buying goods off Trade Me

1 September 2019

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.