According to research by Perpetual Guardian last year,
four in ten New Zealanders don't have a Will. It seems the problem
is not unique to New Zealand. Consider: Aretha Franklin, Prince,
Amy Winehouse, who all died in recent times without a Will. Even if
you're not famous, it is our view that it is vital that you have a
Will.
By Samuel Ames - 20 Sep 2018
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Occasionally the relationship between parties to a
building contract turns sour. In some cases the parties will be
able to get things back on track so that the project can be brought
to completion. However, in other cases there is an irreparable
breakdown in trust and one or both parties want to part ways. The
owner may not want the builder around anymore and/or the builder
may not want to continue racking up cost on credit with little
prospect of being paid. So how does a party terminate the building
contract and what risks does a party face if they get it
wrong?
By Meika McHardy - 13 Sep 2018
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What the Consumer Guarantees Act (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. However, the CGA only applies if you are
supplying goods or services to "consumers". And consumers are
individuals, companies, Councils, clubs or other legal entities who
acquire goods or services "of a kind that are ordinarily acquired
for personal, domestic, or household use or
consumption".
By Geoff Hardy - 7 Sep 2018
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The High Court has clarified when builders are to provide
their record of work. In overturning the District Court's
decision1
, the High Court held that a builder's record of work was not
dependent on section 87 of the Building Act.
By Alden Ho - 2 Sep 2018
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There are several specific ways in which the law can help
you protect yourself and your family from domestic violence.
Domestic violence includes physical, sexual, psychological and/or
financial abuse by anyone you are in a "domestic relationship"
with. Domestic relationships include spouses or partners, family
members, may include flatmates/someone you're sharing a household
with or anyone you're in a close personal relationship
with.
By Surendra Bennett - 22 Aug 2018
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There is a lot of talk around the new domestic violence
leave introduced by the Domestic Violence - Victims Protection Act
2018 which was passed in July. However, the Act introduces another,
less known, but equally striking change. In addition to being
granted 10 days' domestic violence leave, an employee who is a
victim of domestic violence can request a variation of their
working arrangements for up to two months.
By Kiren Narayanan - 14 Aug 2018
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The Interest On Money Claims Act 2016 (which came into
force this year) has changed the basis on which all Courts award
interest on money claims. This is good news for plaintiffs.
Previously, the courts generally only awarded interest from the
date of filing of a claim, the rate was fixed and compound interest
was not allowed (unless specified in a prior agreement).
By Tony Johnson - 8 Aug 2018
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On 1 August 2018, Ebert Construction Limited went into
receivership. Ebert's receivership will be interesting to monitor,
primarily due to it being the first major construction company to
enter receivership with the requirement to hold retentions "in
trust" under new amendments to the Construction Contracts Act
2002.
By Pierce Bedogni - 3 Aug 2018
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Under a new bill introduced into Parliament, victims of domestic
violence will be entitled to up to 10 days' paid leave. We foresee
some issues regarding proof for employers when this bill comes into
effect next year.
By Kiren Narayanan - 26 Jul 2018
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New Zealand has one of the highest rates of Family Trusts
per capita in the world. But a lot of these Trusts are not being
managed correctly which then impacts on the protection a Trust can
provide, particularly in the event of a relationship break
down/separation.
By Fiona McGeorge - 12 Jul 2018
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