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Category: Litigation & Dispute Resolution

  • Going to court checklist

    14 June 2017

    The prospect of appearing in or even attending court proceedings will fill most people with a sense of dread. Court proceedings present a number of unknowns. And to most people, a courtroom does not seem to be an inviting or friendly environment. While the participants in a court process may appear to be aloof and unfriendly, these people are aware of the stress and anxiety that a person may feel when coming to court. These people will answer questions and ...

  • What are real estate agents’ obligations in relation to hidden/underlying defects with a property?

    14 June 2017

    In relation to hidden or underlying defects, the obligations of Real Estate licensees are set out in Rule 10.7 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“Rule(s)”).Rule 10.7 states:A licensee is not required to discover hidden or underlying defects in land but must disclose known defects to a customer. Where it would appear likely to a reasonably competent licensee that land may be subject to hidden or underlying defects, a licensee must either:(a) obtain ...

  • Employment trial periods: termination on notice or payment in lieu

    14 June 2017

    An employer and employee are entitled to enter into an employment agreement that provides for a trial period of up to 90 days (Section 67A of the Employment Relations Act). The trial period provision must be written into the employment agreement. And, that agreement must clearly state when the period commences and when it expires. Further, the employer and employee must sign the agreement before the employee commences their employment.When the employee’s employment is terminated during the trial period, an ...

  • Hiring migrant workers in your business – changes to the law

    14 June 2017

    In April 2017, the Government announced they will publically consult on the proposed changes to temporary migration. They will consult on the essential skills work visa and skilled migrant category resident visa. The changes, which will be implemented in August 2017, will affect the ability of migrants to migrate to New Zealand on a temporary and permanent basis.The Minister of Immigration has recently announced a raft of changes to be made to New Zealand’s immigration policy.The changes are aimed to ...

  • Body Corporate Business Update June 2017

    1 June 2017

    Changes to the act and regulationThe Unit Titles Act 2010 (the “Act”) has been amended by Part 2 of the Regulatory Systems (Building and Housing) Amendment Act 2017. The changes, which are largely technical in nature, came into force on 30 May 2017.The majority of the changes are minor and relate to:grammar and style – through punctuation changes, simplified phrasing, and paragraph structures defined terms – through wording changes and new terminology inconsistencies – through being addressed More substantive changes relate to:calling extraordinary ...

  • Buyers/Sellers and Landlords of Properties – Commercial or residential:(“P”) contamination

    5 December 2016

    There is increasing publicity about how widespread the problem of P contamination of properties has become and the resulting obligations and impact on property owners.If a property has been used for the manufacture, or even the smoking, of P then potential contamination may lead to the need for costly remediation which goes beyond cleaning or replacement of carpet and soft furnishings through to major stripping out of GIB and wooden framing or even demolition. There is also the potential for ...