Legal Insights & News, Bramwell Bate Lawyers

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August 21, 2022 In Bramwell Bate News By Cherie Hannam

Epidemic Preparedness Notice still in place for commercial leases and mortgages

In May 2020 temporary law changes were made to the Property Law Act 2007 (“the Act”) as part of the COVID-19 Response (Further Management Measures) Legislation Act 2020. These changes related to leases of commercial properties and all residential and commercial mortgages; including mortgages related to goods (e.g. Business assets other than land and buildings). These temporary changes are outlined below. Commercial Leases: the period in s.245(1)(a) and s.245(3)(c) of the Act, which was 10 working days, was extended to 30...

August 19, 2022 In Bramwell Bate News By Cherie Hannam

Government Announces Further Changes To CCCFA Regulations

Written by Kelly Henderson The Government has revealed plans to loosen regulations under the Credit Contracts and Consumer Finance Act (CCCFA). These changes are in response to widespread criticism from brokers, borrowers, and budget advisors of the changes made by the Government in December 2021 which required stricter scrutiny of borrower’s financial health, erroneously resulting in borrowers having loan approvals withdrawn and having new loans declined based on the requirements of those regulations. The following amendments are proposed to come into force...

July 25, 2022 In Bramwell Bate News By Cherie Hannam

Changes to New Zealand birth certificates

Every child born in New Zealand receives a birth certificate including the details surrounding the time and place, who the parents are and the sex of the child. It has always been the base document for New Zealand citizens, a confirmation of their place in the world and in the system which subsequently relies on this initial information for many legal and statistical purposes. So it must be correct. Enter the Births, Deaths, Marriages and Relationships Registration Act 2021. The Act...

July 20, 2022 In Bramwell Bate News By Cherie Hannam

Rollover relief to the brightline rule

The brightline property rule applies to properties purchased after 1 October 2015. It looks into what period the property was acquired and when it is being sold. If the property is sold after owning it for less than ten years, you may be obliged to pay income tax. The date that the land of the purchased property is transferred to you is the date the brightline period begins, and this date determines whether the 2, 5 or 10 year brightline period...

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...