Articles (by us)

/Articles (by us)/
29 05, 2011

Trustees’ Duties

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The duties of trustees of a charitable trust are contained in the trust deed, Trustees Act 1956, Charitable Trusts Act 1957 and Charities Act 2005.  The duties continue until the trustee resigns, although in certain circumstances they can continue after resignation. The primary duties of a trustee are to: comply with the terms of the [...]

29 05, 2011

Trustee Liability – Charitable Trusts

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The Trustees of the board of an incorporated charitable trust are generally not personally liable to the creditors of the trust. Charitable trusts can be incorporated under the Charitable Trusts Act 1956.  An incorporated charitable trust is a separate legal entity and is liable for the obligations of the trust.  Unless the trustees expressly undertake [...]

22 05, 2011

Debt collection 101: register a security interest over goods sold on credit

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In business the most important thing is your bottom line.  You need to get paid.  The best way to do that is to only accept cash.  Unfortunately that does not work for everyone who is in trade, some businesses need to take goods and/or services on credit in order to keep operating. It makes more [...]

15 05, 2011

Borrowing explained: loans, mortgages and guarantees

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Borrowing money When you get a loan, the bank will usually require a mortgage and guarantee. The loan relates to the amount of money you are borrowing from the bank and contains the bank’s lending terms that you have agreed to, such as the interest rate, repayment plan and the security required by the bank. [...]

20 04, 2011

Watery worries over low laying land

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Winter is coming and so is the rain. If you own low laying land, you may be wondering how much run off you must endure from the higher land owners. Owners of higher land (that is being or has been built on) are obliged to construct a drainage system that will dispose of surface water [...]

20 03, 2011

Fed up with noisy neighbours? What you can do to stop the noise

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Having noisy neighbours is a real problem. Not only is it annoying, it can have a serious effect on your health and your business. Read on to find out what (legal) steps you can take to put a stop to the excessive noise created by your neighbours. Overview Although you cannot evict neighbours from their [...]

7 03, 2011

Separation agreements and division of relationship property

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Certain legal requirements must be met for a separation agreement to be binding. One of those requirements is for both parties to receive independent legal advice and have the effects and implications of the agreement explained to them. Both parties must receive an explanation of what they would have been entitled to under the Property [...]

18 02, 2011

How can a caveat be removed?

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Any person claiming to be entitled to or beneficially interested in any land, or any person transferring land to be held on trust, is allowed to lodge a caveat preventing dealings with the land. In this Blog I look at how to remove a caveat against dealings. Removing a caveat There are three ways to [...]

21 01, 2011

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

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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 [...]

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