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A MATTER OF URGENCY - OVERSEAS INVESTMENT ACT
Posted by Lisa Garrud on August 26 2020
Urgent amendments to the Overseas Investment Act 2005 (Act) were implemented on 16 June 2020 in response to Covid-19. While most of the changes were announced by Government prior to New Zealand entering into the first lockdown in March, some measures have been expedited under the Overseas... Read the rest of this entry
CHANGES TO NEW ZEALAND’S PRIVACY LAW
Posted by Lisa Garrud on June 26 2020
Changes to New Zealand’s privacy law will come into effect soon – proposed 1 December 2020. It is therefore important for you to bring yourself up to speed on these changes, and to prepare accordingly. The Privacy Bill aims to: Encourage private and public sector... Read the rest of this entry
SHUTTING DOWN BUSINESS OPERATIONS – TIPS AND PRECAUTIONS
Posted by Lisa Garrud on June 26 2020
As we moved to Alert Level 1, many businesses rushed to re-open their stores after temporary closures during the Government mandated lockdown. Unfortunately, many of those same businesses who were forced to closed doors temporarily do not have enough cash reserve to keep them going. Businesses... Read the rest of this entry
THE INFAMOUS CLAUSE 27.5 – NO ACCESS IN EMERGENCY
Posted by Lisa Garrud on June 26 2020
The clause: in the current environment, there has been a lot of discussion and debate on the ADLS Lease - “No Access in Emergency” clause 27.5. Clause 27.5 allows for an abatement of rent and outgoings in the event of an emergency if the tenant is unable to fully conduct its... Read the rest of this entry
REDUNDANCY IN THE CONTEXT OF COVID-19
Posted by Lisa Garrud on May 25 2020
As the world is slowly coming out of lockdown after the Covid-19 pandemic, employers are now able to assess the impact. Many employers need to consider options for ensuring business sustainability including making a role or roles redundant. Employers’ obligations are unaffected... Read the rest of this entry
EXEMPTIONS TO CCCFA IN THE TIMES OF COVID-19 AND COMMERCE COMMISSION GUIDANCE
Posted by Lisa Garrud on May 25 2020
Covid-19 has had a serious impact on both lenders and borrowers. The Credit Contracts and Consumer Finance (exemptions for Covid-19) Amendment Regulations 2020 (Covid-19 regulations) will give faster implementation of assistance where the borrower has been impacted by the effects of Covid-19.... Read the rest of this entry
WHAT’S HAPPENING IN THE COURTS, BUSINESS LITIGATION AND DISPUTE SETTLEMENT AT LEVEL 2?
Posted by Lisa Garrud on May 25 2020
Well, I was back in the saddle last week for some liquidators – a three-day, live hearing, in the High Court with a clever judge, breathing witnesses in the flesh and an opponent after my life. We were of course ‘spaced out’ as Jacinda recommended and held the case in one of... Read the rest of this entry
COVID-19 UPDATE: BUSINESS RESCUE, NEW TAX LEGISLATION AND RESTRUCTURING TO ENSURE LIQUIDITY
Posted by Lisa Garrud on April 9 2020
Over the last two weeks, the New Zealand Government has provided a series of rescue packages for businesses financially impacted by the four-week lockdown and beyond. Shieff Angland Lawyers have teamed up with Tax Professionals to give some general guidance on the government packages,... Read the rest of this entry
IMPACT OF COVID-19 ON CONSTRUCTION PROJECTS UNDER EXISTING NZS3910/3916 CONTRACTS
Posted by Lisa Garrud on April 9 2020
We provide below a brief summary of the provisions of the NZS3910/3916 Contracts that may be relevant in these current circumstances (and beyond). The below analysis focuses only on the general terms of the contracts and is not intended to be legal advice in respect of any specific contracts or... Read the rest of this entry
CORONAVIRUS – MANAGING RISKS AND LITIGATING FOR BUSINESS INTERRUPTIONS
Posted by Lisa Garrud on March 18 2020
In the wake of the Coronavirus crisis, many New Zealand businesses who export or import into China are feeling the hit. China has become one of New Zealand’s top traders – supplying technology and electronics into New Zealand and importing dairy, meat and wood from New... Read the rest of this entry
10TH EDITION OF AGREEMENT FOR SALE AND PURCHASE OF REAL ESTATE; SUBTLE BUT SIGNIFICANT CHANGES
Posted by Lisa Garrud on March 18 2020
The Auckland District Law Society and Real Estate Institute of New Zealand have released the 10th edition of the widely used form of agreement for sale and purchase of real estate. This latest edition introduces some significant changes that both vendors and purchasers should be... Read the rest of this entry
IMMIGRATION NEW ZEALAND’S ANZSCO REQUIREMENTS – UPCOMING CHANGES
Posted by Lisa Garrud on March 18 2020
In late 2019, Immigration New Zealand (INZ) announced sweeping changes to its employer-assisted work visa offerings: one category will replace six [1] discrete work visa categories. The changes are expected to take effect sometime in the beginning of 2021. The application process will shift... Read the rest of this entry
THINKING OF DIVORCE? MUM’S THE WORD
Posted by Lisa Garrud on February 27 2020
If you are seriously considering ending a relationship, but are uncertain how it will affect your joint property or family business, please read on… It is critical that each party has equal information about what exactly is the relationship property for division. Information... Read the rest of this entry
SIX CONSIDERATIONS WHEN DECIDING TO SUBDIVIDE
Posted by Lisa Garrud on February 27 2020
From our experience, many first time developers underestimate the complexities of the subdivision process. A number of things can go wrong which may lead to financial and other stress. To help you avoid such pitfalls, we have put together a list of some basic key considerations at the outset.... Read the rest of this entry
THE POTENTIAL RISKS OF PURCHASING AT A MORTGAGEE SALE
Posted by Lisa Garrud on February 27 2020
Whilst purchasing a property at a mortgagee sale may result in you obtaining a good deal, purchasers need to be aware of the possible related risks. It is imperative for purchasers to complete their research, due diligence investigations and obtain the necessary legal and... Read the rest of this entry
STORE OWNER ORDERED TO PAY $200,000 IN PENALITIES
Posted by Lisa Garrud on February 27 2020
A recent decision of the Employment Court has demonstrated that new enforcement provisions in the Employment Relations Act 2000 (the Act), have real teeth – and should strike fear in any employer not correctly paying their staff for their work. Under the ERA, employers are... Read the rest of this entry
IMMIGRATION PRACTICE – INTRODUCING DEW JAMES
Posted by Lisa Garrud on February 27 2020
We are excited to announce that Dew James recently joined Shieff Angland’s Employment Law Team. As a Solicitor of the firm, Dew will be responsible for assisting clients with immigration, refugee and employment law-related matters. With nearly six years’ experience as an immigration... Read the rest of this entry
WARRANTIES V INDEMNITIES
Posted by Lisa Garrud on December 13 2019
In the context of commercial transactions, contractual protection will often be in the form of warranties and indemnities. Depending on the nature of the contract, warranties and indemnities are frequently used to allocate risks between the parties involved. Therefore, it is important to... Read the rest of this entry
REPAYABLE ON DEMAND?
Posted by Lisa Garrud on December 13 2019
Every day family members and friends loan each other money. The form of the agreement is typically casual. Sometimes the agreement (whether oral or in writing) will not mention when repayment is to occur or will simply say ‘repayable on demand’. Does this matter?... Read the rest of this entry
MAKING IT FAIRER FOR TENANTS
Posted by Lisa Garrud on December 13 2019
One third of New Zealanders now live in rental properties. If you are a tenant renting in major cities in New Zealand (like Auckland and Wellington) or looking to rent a place, you will be aware of the significant rental rates that landlords are imposing on tenants. But no... Read the rest of this entry