What the Consumer Guarantees Act 1993 (the
CGA) does is insert some basic guarantees
into every contract for the supply of consumer goods or services,
and those guarantees override anything that the written contract
might say to the contrary. This is important because large
suppliers often impose standard form terms of trade on their
customers that are heavily weighted in the suppliers' favour, and a
small customer has no chance of negotiating anything more
favourable.
By Geoff Hardy - 21 Mar 2019
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Recently I had a new client who in our initial meeting
said "my friends have told me I can get more than 50% of the
assets". How many people going through a separation have heard the
same thing from friends or family who have either gone through it
themselves, or heard about "someone" who got more than
50%?
By Fiona McGeorge - 14 Mar 2019
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Pursuant to the amended Overseas Investment Act
(OIA) which came into effect from 22
October 2018, the purchase of residential property by an 'Overseas
Person' is subject to consent from the Overseas Investment Office
(OIO) unless an exemption
applies.
By Genelle Seah - 12 Mar 2019
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It is very common for clients to find out that their
contract doesn't actually say what they intended, or that they have
made a mistake in it. The law provides three ways to remedy such
problems.
By Geoff Hardy - 6 Mar 2019
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In Clayton v Clayton, the Supreme
Court quashed any residual belief that a discretionary family trust
set up by one spouse during a marriage will, in the event of the
marriage dissolving, protect 'their' property from a claim by the
other spouse.
By Andrew Steele - 1 Mar 2019
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Everyone loves a good romance story but what does it mean
when the relationship ends as quickly as it started? A marriage
which ends before its third anniversary is referred to
as a marriage of short duration. In New Zealand there are special
rules around division of assets for these short
relationships.
By Surendra Bennett - 21 Feb 2019
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The Protection of Personal and Property Rights Act 1988
allows the Court to appoint a "welfare guardian" for a person who
has lost the capacity to make decisions for themselves in relation
to their personal care and welfare. Generally, only one person may
be appointed as a welfare guardian. The commonly known exception to
this was where there are "exceptional circumstances" which satisfy
the Court that it would be in the interests of that person to do
so. However, on 14 November 2018, this test changed.
By Tony Johnson - 17 Feb 2019
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Pre-employment trials can be a useful way to determine
whether an employee is suitable for the job. Often, candidates can
look good on paper or in an interview, but terrible when they
actually 'go on the floor'. This is especially true in the
hospitality industry. However, pre-employment trials are fraught
with difficulty, as the employers in Mawhinney v SFIZIO
Limited discovered.
By Claire Mansell - 11 Feb 2019
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Payments in advance (down-payments or deposits) are common
in the construction industry. When you place a custom order or hire
a builder to commence work on your property, the initial credit
risk to the supplier is significant - if you don't pay, they've
already shelled out for raw materials and spent time which is
irrecoverable. Hence, particularly with expensive designer joinery,
appliances or finishes, payment in advance is the norm. But what
happens if you don't get what you paid for?
By Telise Kelly - 31 Jan 2019
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Historically, trusts have been an extremely popular asset
planning tool in New Zealand. With no register of trusts, the
exact number of trusts is unknown, however, conservative estimates
are that there are between 300,000 and 500,000 trusts in New
Zealand. The changes proposed by the Trusts Bill will
therefore impact the lives of many New Zealanders.
By Emma Foster - 22 Jan 2019
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