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The importance of maintaining a 'good character' in Overseas Investments in New Zealand

The importance of maintaining a 'good character' in Overseas Investments in New Zealand

By law, overseas investors in sensitive land and significant business assets in New Zealand must be of (and must maintain) 'good character'. The Overseas Investment Office (OIO) considers many factors when assessing an overseas investor's character. The term 'good character' generally means acting appropriately, including but not limited to not committing any offences nor contravening any laws.

By Steven Lee and Genelle Seah - 12 Jun 2019

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Martelli McKegg strengthens litigation offering with new partner hire

Martelli McKegg strengthens litigation offering with new partner hire

We are delighted to announce that Jacque Lethbridge joined the partnership effective 1 June 2019.

By Mike Worsnop - 1 Jun 2019

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Who is an 'Overseas Person' under the OIA?

Who is an 'Overseas Person' under the OIA?

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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Renovating or demolishing a building built before 2000? What you need to know

Renovating or demolishing a building built before 2000? What you need to know

In April 2018 Meika McHardy of our firm posted a blog on what you need to know about asbestos and home renovation. She pointed out that asbestos is now the single biggest cause of death from work-related disease, and that on 4 April 2018 the new regulations governing asbestos came fully into effect. What is probably not fully appreciated is how widespread the use of asbestos was during the period from 1940 to 2000.

By Geoff Hardy - 16 Nov 2018

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Property developers - are you affected by the foreign buyer ban?

Property developers - are you affected by the foreign buyer ban?

Under the amended Overseas Investment Act (Amended OIA), which took effect from 22 October 2018, any transaction involving the sale and purchase of residential property by an overseas person is subject to consent from the Overseas Investment Office (OIO) unless an exemption applies.

By Steven Lee - 13 Nov 2018

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Termination of building contracts

Termination of building contracts

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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Does the Consumer Guarantees Act apply to building projects?

Does the Consumer Guarantees Act apply to building projects?

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 - 2 comments

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How to prevent building disputes

How to prevent building disputes

Building disputes can be very costly to resolve and cause both parties a lot of stress. If a dispute arises before construction is complete, building work is often suspended until the dispute is resolved. This can cause delays and can put unfinished work or materials on site at risk of damage. On residential projects in particular, a homeowner will be very invested and emotions can run high. Fortunately, there are things all parties can put in place to help prevent disputes.

By Meika McHardy - 4 Jul 2018

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From 1 July we may need further information from our clients

From 1 July we may need further information from our clients

From 1 July this year, we may be required to undertake due diligence in order to comply with our obligations under the Anti-Money Laundering and Countering Financing of Terrorism Act (AML/CFT). The information required (if any) will differ depending on the nature of your work and your type of entity. We will need this information prior to carrying out your instructions.

By Kay Keam - 21 Jun 2018

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Landlord claws back Airbnb profits and more

Landlord claws back Airbnb profits and more

Recently, the Tenancy Tribunal ruled that landlords can claim for the profits that a tenant makes in illegally subleasing their rental premises, especially for the purposes of an Airbnb rental. In this case, the landlord discovered that his apartment had been rented out 46 times over a six month period on Airbnb for approximately $249 per night.

By Pierce Bedogni - 25 May 2018

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