Author: RMY-Admin

10th edition contains significant changes for buyers and sellers The Auckland District Law Society and the Real Estate Institute of New Zealand (ADLS & REINZ) are the authors of the most common template Agreement for Sale and Purchase that is used by the majority of...

Helps mitigate riskThere has been recent media attention on the way property development contracts are structured following the cancellation of a number of Agreements for Sale and Purchase by the developers of a project in Tawa, just north of Wellington. Reportedly, the developers said that...

Unfair contract terms The High Court has declared a contract term ‘unfair’ for the first time since the 2015 amendments to the Fair Trading Act 1986 (FTA) that make unfair contract terms unenforceable[1]. Home Direct Ltd sells goods to consumers online with delivery directly to a consumer’s home. Consumers...

Consultation is key New year, new you – new business structure? Restructuring is common in the new year when business owners feel refreshed and ready to take on the next challenge. The process however, is often shrouded in uncertainty (and stress) for employees. Following the correct procedure for a restructure...

Rewarding value and increasing engagement Bringing a key employee or a family member into your business by offering them a shareholding can be a powerful motivator and a significant indicator of how much you value their contributions to your success. However, the process should be done carefully with a robust...

How much can a disinherited child expect? The Family Protection Act 1955 allows children to bring claims against the estate of a deceased parent on the basis that their parent did not adequately provide for their ‘proper maintenance and support’. Exactly what constitutes ‘proper maintenance and support’ is the...

How many people should you name as attorneys? In previous articles in Trust eSpeaking, we have explained why it is important to have an enduring power of attorney (EPA) and the problems that can be created if you do not have one when the need arises. You should have...

Law Commission to review conflicting inheritance laws In late 2019 the Law Commission reported back to the government on its review of the Property (Relationships) Act 1976 (PRA). Discussion on Part 8 of the PRA that deals with the division of relationship property on the death of a spouse or...

Restructuring of the dairy industry When Fonterra was established in 2001 under the Dairy Industry Restructuring Act 2001 (DIRA), the legislation required a review of the state of competition in the industry in 2015-16. For various reasons, the recommendations in that review were not implemented. In 2017, however, the government...

Five-year joint action plan launched On 24 October 2019 the primary sector launched the ‘Primary Sector Climate Change Commitment: He Waka Eke Noa – our future in our hands to manage agricultural emissions.’ He Waka Eke Noa kicks off a collaborative five-year joint action plan between the agriculture sector, the...