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Bramwell Bate News

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What is the purpose of a LIM report? When purchasing a property, obtaining a Land Information Memorandum (“LIM”) report from the relevant council is strongly recommended. A LIM report provides all the documents that a council has on records for a property. Each LIM report contains different information, as some properties may be new builds, while others are just sections or older homes etc. Some examples of what could be found in a LIM report are: soil reports; whether resource consent and certificate code of compliance (“CCC”) have been obtained and issued; if there are any building works in the area currently being...

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An overview of mortgagee sales

If you buy a property at a mortgagee sale, be aware that you are entering a contract that is quite different in its nature to an agreement entered into in other circumstances. The agreement is likely to be weighed heavily in the mortgagee’s favour because mortgagee sales involve factors outside of the mortgagee’s control, which it will want to protect itself from. This may include a very unwilling and impecunious owner occupier who is being forced to leave their home by the mortgagee that assisted them to get there in the first place. In such circumstances the mortgagee is usually unwilling...

Under what circumstances should you form a Trust

There are a number of circumstances under which you should consider forming a trust. Some of the common purposes of a trust, and the structures utilised, will be discussed in this article. A trust is managed by trustees who are appointed by the creator of the trust (called the settlor(s)). Trustees manage the assets and debts of the trust for the beneficiaries specified by the settlor(s). There are several different types of trust structures that can be used. Your circumstances will determine which structure is most appropriate for you. Some types of trusts include: Single/Umbrella Trust – all assets are transferred to...

The Importance of Wills and Enduring Powers of Attorney

Having enduring powers of attorney (EPAs) and a will in place is important for every adult whatever their age. A will is a legal document that lets you decide how you want your property, care for your dependants (partner, children etc.) and your body to be dealt with after you die. EPAs allow you to appoint a trusted person(s) to make decisions on your behalf regarding your property and health when you are unable to do so yourself, during your lifetime. Will A well drafted will can reduce emotional and financial strain for your loved ones after you pass away. It also...

Rental Property Standards

The Residential Tenancies Act 1986 requires landlords to provide and maintain rental properties in a reasonable state of repair for the tenants. When deciding what is a ‘reasonable state of repair’ one must consider the age and character of the property and how long it’s likely to remain habitable and available to be lived in. It should also be noted that the Act requires landlords to provide properties in a reasonable state of cleanliness for the tenants - although it does not directly regulate the standard of rental properties. However, it does reinforce that landlords ‘comply with all requirements in respect...

Important Changes to Employment Law

There have been a number of changes to employment law recently, some of which took effect from December 2018, including changes to union access and collective bargaining processes, and a greater emphasis on reinstatement if employees have been unfairly dismissed. A further raft of changes will be effective from 6 May 2019 with two of the major changes being: 1. 90 day trials From 6 May 2019 only employers with less than 20 employees can include trial period provisions in new contracts. Provisions for 90 day trial periods contained in employment agreements signed prior to that date will still be valid regardless...

Bramwell Bate News

Snippets

How can you requisition a title? Under an agreement for sale and purchase of land, a requisition of title is a request made by the purchaser to the vendor to ‘make good’ any defects to the title of a property before settlement. The purchaser may have a right to requisition the title where there is a serious defect or encumbrance that is not notified or included in the agreement. The purchaser may requisition the title within 10 working days from the date of the agreement. If a requisition is not made within this period, the purchaser is deemed to have accepted the...

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Sexual harassment in the workplace-what to do?

The Employment Relations Act 2000 ("ERA") and the Human Rights Act 1993 ("HRA") cover in depth processes, remedies and forms of general and sexual harassment in the workplace for New Zealand employees The Ministry of Business, Innovation and Employment has listed the conduct that is defined as “sexual harassment” in the workplace, and a number of examples of forms of sexual harassment on their website. If you are subject to sexual harassment in the workplace then you can seek to have this resolved either formally or informally. In either case, we suggest that if you are faced with the situation where you...