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I've been appointed an attorney under an enduring power of attorney for property - now what?

I've been appointed an attorney under an enduring power of attorney for property - now what?

The role of an attorney appointed under an EPA for property is a significant one which should be taken seriously and should not be accepted lightly. Accepting such an appointment creates legal obligations and duties which cannot easily be changed. This blog seeks to provide some guidance to a person acting as a property attorney.

By Emma Foster - 17 Sep 2019

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First home purchaser series - Part 2: Signing the agreement

First home purchaser series - Part 2: Signing the agreement

You've got your deposit, you've found the right property, now a multi-page document is sitting in front of you and a real estate agent is asking you to sign. It is imperative that you get in touch with a lawyer before you enter into an agreement. The best chance of you negotiating favourable terms is before you sign. This is even more important if you are planning on buying a property "off the plans" that has not yet been subdivided or built. More information about buying off the plans is available in a previous blog.

By Michael Bennett - 10 Sep 2019

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Changes to employment laws widening the scope for personal grievances

Changes to employment laws widening the scope for personal grievances

The Employment Relations (Triangular Employment) Amendment Bill has passed its third reading in parliament and will come into force by at least 27 June 2020. The Bill allows for a "controlling third party" to be joined to a personal grievance claim in the Employment Relations Authority. This means that an individual employee can bring a claim against both their 'official' employer and any other controlling third party.

By Claire Mansell - 4 Sep 2019

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Tenancy reforms: Who pays if the tenant damages your property?

Tenancy reforms: Who pays if the tenant damages your property?

In 2015 the Court of Appeal told landlords they could not recover the cost of damage caused by their residential tenants unless it was done intentionally. This was because the Property Law Act 2007 said that a landlord could not require a tenant to meet the cost of damage which can be insured against. From 27 August 2019 the Residential Tenancies Act 1986 dictates the law on this issue.

By Mathew Martin - 28 Aug 2019

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We're separating and our assets are all in trust. Does that mean I get nothing?

We're separating and our assets are all in trust. Does that mean I get nothing?

The Property (Relationships) Act 1976 determines what is and is not "relationship property" and which assets should be divided equally between de facto partners and spouses on separation. It also defines "separate property" as assets owned by one partner alone and not to be shared equally. But in a country with the highest number of trusts per capita in the world, what happens if your assets are held in trust?

By Telise Kelly - 18 Aug 2019

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Exemption certificate granted under the Overseas Investment Act 中文翻译版本

Exemption certificate granted under the Overseas Investment Act 中文翻译版本

Recent changes made to the Overseas Investment Act 2005 (Act) meant that overseas persons who are not ordinarily resident in New Zealand will not be able to acquire residential properties in New Zealand, unless an exemption applies.

By Steven Lee - 13 Aug 2019

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Issues to be considered when work is suspended on a building project

Issues to be considered when work is suspended on a building project

Not all building projects run smoothly and for one reason or another, there may be a point where building work is suspended. Should the building project end up in that position, both parties to the building contract have obligations and there are a number of matters to consider.

By Pierce Bedogni - 7 Aug 2019

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The long awaited Trusts Bill receives Royal assent

The long awaited Trusts Bill receives Royal assent

On Wednesday the much anticipated Trusts Bill finally received the Royal tick of approval and officially became an Act of Parliament. Pursuant to section 2, the provisions of the Act will come into force on 1 February 2021. This is probably the most significant change to trust law in the past thirty years or more.

By Emma Foster - 1 Aug 2019

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Overseas buyer ordered to sell sensitive land

Overseas buyer ordered to sell sensitive land

Perhaps too little attention is paid by overseas buyers to the Overseas Investment Act ( Act). A matter of poor due diligence or sheer ignorance could cost hundreds of thousands, if not more.

By Steven Lee and Genelle Seah - 29 Jul 2019

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First home purchaser series - Part 1: The deposit

First home purchaser series - Part 1: The deposit

For many people trying to purchase their first home, getting together a deposit is often a daunting thought that may seem unattainable. There are, however, a number of resources that you can tap into to help get you to that ever important point where you can move from paying your landlord's mortgage to paying your own.

By Michael Bennett - 23 Jul 2019

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