Choosing an executor for your Will - a trap to be wary of

If the executor of your Will or administrator of your estate is an overseas person, they must apply to the Overseas Investment Office for an exemption for any residential property to be transmitted to them. Changes made in October 2018 to the Overseas Investment Act 2005 (OIA) mean that an estate with an overseas executor/administrator is likely to be affected by the regime.

By Steven Lee and Rika Louw - 15 Jun 2020

Proposed Building Act changes

Following on from last year's round of consultation, the Government has recently introduced the proposed changes to the Building Act. The Building (Building Products and Methods, Modular Components and Other Matters) Amendment Bill has had its first reading in Parliament and has now been sent to the Environment Select Committee with submissions due by Friday 10 July 2020. The changes will be particularly important for building product suppliers and manufacturers and the key changes are summarised here.

By Andrew Skinner - 8 Jun 2020

Government Announcement re small business rent disputes

There has been much debate regarding what a fair rental reduction is under commercial leases where businesses have been affected by COVID-19. The Government had previously done nothing to assist either Landlords or Tenants in this situation.

This morning Government have announced a compulsory rent dispute process where the Landlord and Tenant have been unable to agree on a fair rent reduction during COVID-19 lockdown, which requires compulsory arbitration with Government subsidising the arbitration by about 75%.

By Melissa Higham - 3 Jun 2020

Relief for Borrowers under the Property Law Act

As earlier signalled by the government, the Property Law Act has now been amended to the extent that a borrower under a mortgage now has 40 working days (previously 20 working days) after being served with a Property Law Act Notice for breach of a loan agreement, to remedy the breach.

By Tony Johnson - 1 Jun 2020

Tim Orr joins the partnership

We are delighted to announce that Tim Orr has joined the partnership.

By Melissa Higham - 4 May 2020

Jacque Lethbridge elected Vice President of NZLS board

Martelli McKegg would like to congratulate Jacque Lethbridge, Partner in Litigation for being elected to the Board of the New Zealand Law Society as the Vice-President for Auckland.

By Mike Worsnop - 23 Apr 2020

Covid-19 - Resumption of building work at Alert Level 3

Property owners and builders alike will have welcomed the Government announcement this week that the country will move to Alert Level 3 on 28 April, meaning that most on-site construction work can begin again from that date. The initial joy (and relief) of this news, however, will be quickly tempered by the realisation that it is not going to be business as usual for some time yet.

By Meika McHardy - 22 Apr 2020

Affidavits and declarations may now be signed via video conference

The Covid-19 lockdown and mandatory distancing rules prevented affidavits and declarations from being signed 'in person' or before a solicitor.

By Andrew Steele and Jacque Lethbridge - 20 Apr 2020

Alert Level 3 - Implications for Commercial Contracts and Leases

The Government has announced that most, but not all, businesses can start to open when we shift to Alert Level 3. The businesses that do open must take health measures to keep their workers safe and workers must work from home if they can.  Retail and hospitality businesses can only open for delivery and contactless pre-ordered pick up. Businesses cannot offer services which involve face to face contact or sustained close contact (e.g. hair-dressing).

By Andrew Skinner - 17 Apr 2020

Martelli McKegg welcomes Andrew Skinner to the partnership

We are delighted to welcome Andrew Skinner to the partnership. Andrew is an experienced commercial lawyer with specialist industry experience in building and construction and franchising.

By Melissa Higham - 4 Feb 2020