Articles (by us)

/Articles (by us)/
21 01, 2011

I have agreed to guarantee a loan, so why has the Bank sent me to a lawyer?

By |48 Comments

In short, the Bank has sent you to a lawyer to cover its own butt. In certain circumstances the Bank is put on notice and taken to have presumed that the guarantor has been unduly influenced by the borrower to give a guarantee. As a result, the Bank will be unable to enforce the guarantee. [...]

3 12, 2010

Surf breaks of national significance now protected by law

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Earlier this year I caught the surfing bug.  This has led me to consider the environment almost daily.  I have recently been looking for ways to incorporate surfing into my job as a lawyer.  I thought this was impossible and perhaps a silly idea until I came across some submissions written by a Sumner Lawyer [...]

1 11, 2010

Gift duty to be abolished

By |1 Comment

The Revenue Minister Peter Dunne today confirmed by media statement that gift duty will be abolished. The legislation abolishing gift duty will be passed this month and will take effect from 1 October 2011. The Government has assessed the impact of the repeal of gift duty on income tax, creditor protection and social assistance and [...]

1 10, 2010

No gift duty is payable on gifts to charities

By |2 Comments

Generally if you give someone a substantial gift you will have to pay gift duty.  However, if you make a gift to a charity you do not have to pay gift duty. For example, a society (XYZ Society Incorporated) can transfer land to a charity (XYZ Trust) for free without paying gift duty. The society [...]

23 09, 2010

How to enforce your loan and who is responsible for unpaid rates on the mortgaged land?

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If you have loaned someone money and registered mortgage over their property as security you are a "mortgagee".  If the borrower has stopped making interest and principal repayments there is a process you need to follow to enforce your rights under the mortgage. What can you do? If the borrower is in default because they [...]

19 09, 2010

Copyright automatically protects certain work – for free!

By |3 Comments

Copyright is a property right that exists in original copyright works.  This property right is a type of intellectual property. Copyright work includes: literary works e.g. emails, novels, lyrics, tables and compilations, computer programmes; dramatic works e.g. scripts; musical works e.g. sheet music; artistic works e.g. photos, diagrams, drawings, sculptures, maps, paintings; sound recordings (as [...]

4 09, 2010

Patent protection for inventions

By |2 Comments

Patent protection is a type of intellectual property. The aim of the patent regime is to provide protection by a system of registration that grants a limited-term monopoly for inventions; to provide the owner with an exclusive right to commercially exploit the invention for a period of up to 20 years, and provide protection against [...]

23 08, 2010

Enduring power of attorney witnessing requirements – law change

By |2 Comments

Since 2008 the witnessing requirements for enduring powers of attorney have been very strict. Due to a potential conflict of interest the law required the donor (the person appointing the attorney) to have their signature witnessed by a lawyer who is independent of the attorney. That meant that a lawyer who acts for both the [...]

12 08, 2010

Income tax “associated persons rules” in relation to land transactions

By |8 Comments

In my Blog on trusts tainted by new associated persons rules I discussed one of the outcomes of the amendment to the “associated persons” rules in the Income Tax Act 2007. The main consequence of the amendment is that a person who is a dealer, developer or builder will “taint” persons he or she is [...]

2 08, 2010

Trespass over land by a person or wandering stock

By |35 Comments

Trespass over land is either a civil offence (a “tort” based on case law – previously known as a “writ of trespass”) or a criminal offence (the elements of which are found in the Trespass Act 1980). Trespass is a possessory right and protects an owner or occupier of land from direct interference, or invasion, of [...]

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