Author:Bate Hallett

Terms of trade and how registering your security interest can assist your business

The Personal Property Securities Act 1999 (“the Act”) has become a significant part of New Zealand commercial law. The Act created a publicly available record of security interests over ‘personal property’ and has become a tool by which businesses can protect their interests in the event of a debtor becoming insolvent. Personal property is all types of property except land. For example, stock in trade, livestock, crops and vehicles; along with intangible property such as hire purchase agreements, company...

Commercial Leases-The ongoing impact of COVID-19

While Alert Level 1 effectively sees a “return to normal” it is hardly business as usual for many small to medium size businesses that suffered significant financial loss during the lockdown period. Most commercial tenants were able to negotiate some rent relief during the lockdown period, via the no access in emergency clause contained in their Lease, however once restrictions on access to premises was lifted there was no direct contractual or legislative basis for a tenant to seek extended rent...

Settlements and satisfaction of conditions during COVID-19 Alert Level 3

Since the country went into COVID-19 Alert Level 4 on March 25, 2020, only a small number of conveyancing transactions have been settled, primarily due to the inability for the parties to be able to physically vacate or take possession of the property. While the country will still be under significant restrictions at Alert Level 3, Bramwell Bate are continuing to work remotely and it will be possible to progress some transactions further than we could during Alert Level 4. At...