We regularly see cases where
homeowners have delayed taking legal action against defendants,
particularly in respect of building defects.
The Limitation Act says that it is a
defence to a money claim if the defendant proves that the date on
which the claim is filed at least six years 'after the act
or omission on which the claim is based'. This is known as the
claim's primary period.
By Darius Shahtahmasebi - 13 Aug 2024
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Most people who have purchased properties are familiar with the
standard forms of agreements for sale and purchase. Section 24 of
the Property Law Act 2007 (Act) specifically says
that to sell or purchase property, a contract must be in writing
and signed. Long gone are the days of handshake agreements - or are
they?
By Kiren Narayanan - 9 Nov 2023
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In the current climate we are seeing more of our landlord
clients seeking advice on their options for dealing with defaulting
tenants. In the article below, Andrea White (a Senior
Associate in our Property Team) and Parsha Grant (Senior Solicitor
in our Litigation Team) discuss your best course of action when
your usual reminder emails and phone calls have gone
unanswered.
By Andrea White - 16 Oct 2023
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2023 has been a watershed year for severe weather events -
fortunately there is a change on the way that should help
homeowners and building owners make an insurance claim. The
infamous Earthquake Commission Act 1993 ( EQC
Act) is facing an overhaul, now set to be replaced
by the Natural Hazards Insurance Act which comes into effect from 1
July 2024.
By Darius Shahtahmasebi - 11 Sep 2023
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Property is a big part of our lives and it is becoming
more and more common to purchase with other parties. This is often
by way of a joint venture to develop property or as a way to
purchase residential property and share the burden. However, there
is always a risk that for whatever reason, one of the parties wants
to sell or no longer wishes to be involved. What can you do if your
co-owner does not want to sell?
By Kiren Narayanan - 17 May 2023
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Martelli McKegg's ability to assist francophone clients
with their New Zealand investments is featured in a Maison et
Jardin article, the equivalent of House & Garden in France with
a readership of 1,148,000.
By Lee Harris - 28 Mar 2023
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Our French speaking team has prepared a webinar to discuss the
unexpected consequences of holding assets in New Zealand when you
have ties to the francophone world. This webinar explores some of
the problems arising from this and the differences in New Zealand
law and the laws in French Polynesia, France and New Caledonia.
Please note this webinar is conducted in French.
By Lee Harris - 16 Nov 2022
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If you have family living overseas,
have you considered the foreign tax implications? Read on,
because chances are that either you or someone you know is
impacted.
Historically, information was largely
unavailable between tax authorities, but this is no longer the
case. The new trust disclosure obligations are an example of ways
that Inland Revenue can obtain further information about taxpayers,
whether they live in New Zealand or overseas. Have you thought
about how Inland Revenue will use that information and how it will
affect your family?
By Lee Harris - 22 Jul 2022
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It is common for wills to delay vesting of assets until a later
date (e.g. when children or grandchildren attain 25 years).
It is also common for couples in a second relationship to leave
each other a lifetime interest in the family home. When either of
these scenarios lasts more than two years, a testamentary trust is
created. In the majority of cases, the new financial
reporting and disclosure requirements for trusts will then
apply.
By Lee Harris - 27 Jun 2022
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Information that must now be provided alongside annual trust tax
returns will come as an unpleasant surprise for many trustees and
beneficiaries. There is no doubt that Inland Revenue is taking a
close look at trusts to evaluate how they are being used, and to
decide whether the use should be subject to tax.
By Lee Harris - 27 May 2022
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