After many months of searching, a couple made an offer on their dream house. The offer was conditional on them obtaining satisfactory finance to purchase the property and obtaining a builders report.
When the Agreement was sent to the couple’s lawyer, she noticed that the date for settlement was only one day after confirmation of their conditions! They had hoped to use their Kiwisaver funds to purchase their home… Continue reading
It is estimated in New Zealand that there are over 400,000 family trusts, many of which have been set up to protect assets from a relationship breakdown. However, there is an ever increasing number of ways for claims to be made to “trust-bust”. One of those claims, usually run when Property (Relationships) Act claims are exhausted or not an option, is that of a constructive trust.
A successful constructive… Continue reading
All employers can employ new employees on a 90 day trial period. The employee can be dismissed during the 90 day trial without the employer giving a reason for the dismissal. This is designed to reduce the risk of new employees for employers as it encourages employers to take on new employees, particularly those with limited recent work experience (such as young people or those re-entering the work force)… Continue reading
Good written terms of trade save businesses a lot of money. In a recent example a business did not have their terms of trade in order. They had not been correctly filled out and the personal guarantee section had not been signed.
The debtor company had become insolvent and the creditor could not enforce the personal guarantee. This cost the creditor tens of thousands of dollars which could easily… Continue reading
Pierre had just purchased a café business and was keen to move in and start implementing his ideas. Jocelyn was the landlord of the building in which the business was operating, and because of her love of adventure travel, was often hard to pin down.
Unfortunately for Pierre, this meant that the previous business owner had never managed to get a written lease in place with Jocelyn. Pierre knew… Continue reading
In an Australian case, a mobile services company had in its standard terms and conditions:
- “We may vary any term of this Agreement at any time in writing…”
This was held to be an unfair contract term, in breach of Australian consumer protection laws.
From 17 March 2015, similar protections will apply in New Zealand, and those in trade will be prohibited from including unfair contract… Continue reading
It is compulsory to have a written employment agreement for all employees. This includes a whanau member as a recent example highlights.
The employer had a sister who was short of work so in the spirit of whanaungatanga offered her employment to do odd jobs around the business. As she was a whanau member the employer did not bother with getting the paperwork done. In due course the employer’s… Continue reading
Negotiating with the Crown towards the settlement of historical Treaty of Waitangi breaches is never easy.
Claimant groups want to maximise the financial redress they can receive from the Crown. The Crown negotiator on the other hand is required to work within government settlement parameters which are not disclosed to claimants.
This can make the prospects of negotiating a settlement for claimants daunting.
There are three key… Continue reading
You have been to see your lawyer, they have drafted a Will and asked you to come in and sign it. You then leave the draft in a drawer and forget about it. You have your wishes on paper now, surely that’s enough right? Wrong! An unsigned (or incorrectly witnessed) Will has absolutely no legal effect.
Far too often people start the process of updating their Wills and do… Continue reading
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