Latest articles
Important points relating to wills and enduring powers of attorney
Friday, 23 December, 2011
Author: Annette Edwards
There are some important facts of which everyone should be aware in respect of wills and enduring powers of attorney. For example, getting married or entering into a civil union will invalidate a will unless the will was made in contemplation of the marriage or civil union. Separation does not have the same effect. It is therefore important to take advice when significant events occur to ensure that the law will uphold your intentions.
Litigation on the horizon? New obligations regarding managing and retaining relevant documents
Wednesday, 21 December, 2011
Author: Kieran Lomas
On 1 February 2012, new discovery rules (“Rules”) come into force which will affect all litigation commencing after 1 February 2012. While discovery is often a dry topic and only usually of interest to lawyers, there are some important changes to the Rules about which potential litigants should be aware.
Ignore workplace bullying at your own risk
Saturday, 26 November, 2011
Author: Andrea Twaddle
This week a local high school initiated an investigation into allegations of bullying. The apparent increasing prevalence of bullying is not isolated to schools but is also on the rise in workplaces globally. Employers should be aware that they may be liable for bullying that occurs in their workplace. For that reason, it is useful to know what constitutes bullying, so that steps can be taken to pre-empt potential incidents of bullying and manage conduct of concern appropriately.
Gifting and entitlement to residential care subsidies
Thursday, 17 November, 2011
Author: Jillene Peters
A recent change to tax law abolishing gift duty now makes it easier for people to divest themselves of property. However, social welfare law governing eligibility for residential care subsidies has not changed. Gifting property in the belief that this will enable you to qualify for assistance from the state for the cost of residential care may not achieve this goal and may, in fact, leave you ineligible for a residential care subsidy and without assets to enable you to support yourself. It is essential that you seek professional advice before gifting assets to a trust or family member.
Measuring loss in building claims
Tuesday, 15 November, 2011
Author: Karen Shaw
Successful claimants in building disputes are entitled to damages. However, the damages awarded may not be the cost of fixing the property. An alternative basis for a damages award is the loss of value in the property. But what is the appropriate measure? This was the question that concerned the High Court in Cao and Tao v Auckland City Council and Ors.
Enforceability of oversees gambling debts in New Zealand
Monday, 14 November, 2011
Author: Jarrod True
In New Zealand gambling is governed by the Racing Act 2003 and the Gambling Act 2003. Gambling is prohibited in New Zealand and illegal unless it is authorised by either of those acts or it amounts to private gambling. Section 9 of the Gambling Act expressly prohibits remote interactive gambling. Remote interactive gambling is gambling at a distance by interaction through a communication device, for example, online gambling.
Employer liability for illegal downloading
Monday, 14 November, 2011
Author: Andrea Twaddle
In the past week, internet providers have confirmed receipt of infringement notices relating to the illegal downloading of material in breach of copyright. Notices were issued under a new internet copyright infringement regime, introduced by the Copyright (Infringing File Sharing) Amendment Act 2011 which came into force on 1 September this year. This article discusses how the new regime affects employers and guidance on how to manage these new liabilities.
Boilerplate clauses
Thursday, 10 November, 2011
Author: Sandra Braithwaite
Boilerplate clauses are found in most contracts. They are administrative in nature and not as glamorous as the key terms negotiated by the parties. Consequently, the parties to a contract often cast a very quick eye over these boilerplate clauses, with little thought as to whether they are suitable.However, poorly drafted boilerplate clauses can have serious and unforeseen consequences. Recent case law has highlighted this issue. This article sets out some of the traps inherent in not giving certain boilerplate clauses the attention they deserve.
Building contracts and “running accounts” - voidable transactions
Friday, 4 November, 2011
Author: Karen Shaw
The High Court has said that generally building contracts are not running accounts under the voidable transaction provisions in the Companies Act 1993. As a result, the High Court found that payments which had been made to an electrical sub-contractor were insolvent transactions and that subcontractor was ordered to repay a significant portion of what had been paid to it back to the company’s liquidators.
Business websites - legal pitfalls
Thursday, 3 November, 2011
Author: Owen Culliney
The internet is filled with websites all functioning in different ways and servicing different industries. The functions of each website and the goals of the owners and designers mean that every website will be different. However, the law will apply to all websites irrespective of the intentions of the owners or developers.
