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July 11, 2022 In Bramwell Bate News By Cherie Hannam

Guarantees – Discussing anti-discharge clauses

Most guarantees have an “anti-discharge” clause, these clauses are designed to prevent a guarantor from being discharged from liability and allows the creditor to vary the underlying contract without the guarantor being discharged from their obligations. One of the most referred to authorities is the case of Holme v Brunskill. In Holme v Brunskill, the case involved the renting of a farm. The farm had sheep on it and a bond was given in relation to the number and condition of...

July 8, 2022 In Bramwell Bate News By Cherie Hannam

A Timely Reminder of Workplace Standards

Written by Tayla Westman  Although a mouthful, The Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Bill, is bringing about important extensions to the law governing workplace harassment. The Bill extends the time during which an employee may bring a personal grievance for sexual harassment from 90 days to 12 months. This is an important amendment given the sensitivity involved and is a reminder for all of us about the importance of actively maintaining a healthy safe work...

July 7, 2022 In Bramwell Bate News By Cherie Hannam

Clarity around power of attorney medical certificates

In recent years the medical condition of a donor under a power of attorney has become increasingly important and therefore documented. Medical certifications as to mental capability are of particular importance both for property attorneys and personal care and welfare ones. A certificate around mental capacity triggers the use of both enduring powers of attorneys which have been either put in place in a timely manner, or ordered by a court through the process covering the absence of such relevant documents. Doctors...

July 4, 2022 In Bramwell Bate News By Cherie Hannam

A review of cross-lease issues

It is said that a cross-lease is one of the most complicated forms of property ownership. A cross-lease title creates two or more legal estates having multiple owners who all have a separate lease for the house or flat with an undivided share in ownership of the entire land/site. The lease of the property can also include and specify exclusive use areas for each house or flat, and with 216,000 cross-leases in New Zealand, owners, prospective buyers and lawyers are...

June 30, 2022 In Bramwell Bate News By Cherie Hannam

Small Trade Contracts: What you need to know moving forward

Written by Edward Bostock and Tayla Westman Originally published in The Profit The Fair Trading Amendment Act 2021 comes into force in August 2022 and this will place new obligations on businesses while providing new protections for consumers and small businesses. The key change is that “standard form small trade contracts” will now be subject to the unfair contract principle. To understand the significance of this change we first need to identify what constitutes a “small trade contract”? A small trade contract will...

June 20, 2022 In Bramwell Bate News By Cherie Hannam

Government Announces Changes to Kainga Ora First Home Loan and First Home Grant

Written by Lois McLintock Home ownership has just become more achievable for New Zealanders following an announcement as part of the 2022 Budget, which come into effect over this month. The Kāinga Ora First Home Loan and First Home Grant will undergo a number of changes that will make owning a home more accessible for a number of Kiwis who haven’t yet had the opportunity to purchase their first home. Changes for first time home buyers House price caps for the First Home Grant...

June 16, 2022 In Bramwell Bate News By Cherie Hannam

A Century in the Making: The New Incorporated Societies Legislation

Written by Kevin Osborne & Tayla Westman The law governing Incorporated Societies contained in the Incorporated Societies Act 1908 has not been reviewed for over a century. It is now time for this Act to rise to the modern occasion and following Royal Assent in April, it is expected that the new Incorporated Societies Act 2022 will be in effect by the end of this year. The Minister responsible, David Clark, explains that the new legislation is designed “to put in place...

May 4, 2022 In Bramwell Bate News By Cherie Hannam

Bramwell Bate partners with Big Brothers Big Sisters of New Zealand: Tuakana Teina

  We are thrilled to be partnering with Big Brothers Big Sisters. The programme supports nearly 1,000 children throughout the country every year by providing mentors to children facing challenges in the community; helping them work towards gaining their full potential. The volunteers are positive adult role models that aim to equip our kids to be happy, healthy, and better connected to local communities. Big Brothers Big Sisters relies entirely on community support and donations to ensure they provide a well-trained...